Texas 2025 - 89th Regular

Texas Senate Bill SB2679 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4887 MP-D
2	2	By: Bettencourt S.B. No. 2679
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the funding of, contracting with, and employment for
10	10	law enforcement agencies in certain counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 85, Local Government Code,
13	13	is amended by adding Section 85.025 to read as follows:
14	14	Sec. 85.025. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
15	15	LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
16	16	(1) "Local government" means a county, municipality,
17	17	municipal utility district, school district, junior college
18	18	district, or other political subdivision of this state.
19	19	(2) "Property owners' association" has the meaning
20	20	assigned by Section 202.001, Property Code.
21	21	(b) This section applies only to a county with a population
22	22	of more than 1.2 million.
23	23	(c) A sheriff may enter into a contract with a local
24	24	government, a property owners' association, or an owner of land to
25	25	provide law enforcement services in the sheriff's county:
26	26	(1) in and near the area managed or regulated by the
27	27	local government or the association or the area owned by the owner;
28	28	and
29	29	(2) to the persons residing in or visiting an area
30	30	described by Subdivision (1).
31	31	(d) The commissioners court of the sheriff's county may not
32	32	prohibit or otherwise restrict the sheriff from entering into a
33	33	contract under this section. The sheriff may enter into the
34	34	contract and determine the terms of the contract, regardless of
35	35	whether the commissioners court approves of the contract or the
36	36	terms.
37	37	SECTION 2. Subchapter C, Chapter 86, Local Government Code,
38	38	is amended by adding Section 86.026 to read as follows:
39	39	Sec. 86.026. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
40	40	LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
41	41	(1) "Local government" means a county, municipality,
42	42	municipal utility district, school district, junior college
43	43	district, or other political subdivision of this state.
44	44	(2) "Property owners' association" has the meaning
45	45	assigned by Section 202.001, Property Code.
46	46	(b) This section applies only to a county with a population
47	47	of more than 1.2 million.
48	48	(c) A constable may enter into a contract with a local
49	49	government, a property owners' association, or an owner of land to
50	50	provide law enforcement services in the constable's precinct:
51	51	(1) in and near the area managed or regulated by the
52	52	local government or the association or the area owned by the owner;
53	53	and
54	54	(2) to the persons residing in or visiting an area
55	55	described by Subdivision (1).
56	56	(d) The commissioners court of a constable's county may not
57	57	prohibit or otherwise restrict the constable from entering into a
58	58	contract under this section. The constable may enter into the
59	59	contract and determine the terms of the contract, regardless of
60	60	whether the commissioners court approves of the contract or the
61	61	terms.
62	62	SECTION 3. Section 120.002(a), Local Government Code, is
63	63	amended to read as follows:
64	64	(a) Except as provided by Section 120.003, a county shall
65	65	hold an election in accordance with this chapter if the county
66	66	adopts a budget or changes an adopted budget resulting in a budget
67	67	for a fiscal year that, compared to the budget adopted by the county
68	68	for the preceding fiscal year:
69	69	(1) reduces for a law enforcement agency, excluding a
70	70	9-1-1 call center, with primary responsibility for policing,
71	71	criminal investigation, and answering calls for service:
72	72	(A) for a fiscal year in which the overall amount
73	73	of the budget is equal to or greater than the amount for the
74	74	preceding fiscal year, the appropriation to the agency;
75	75	(B) for a fiscal year in which the overall amount
76	76	of the budget is less than the amount for the preceding fiscal year,
77	77	the appropriation to the agency as a percentage of the total budget;
78	78	(C) as applicable:
79	79	(i) if the county has not declined in
80	80	population since the preceding fiscal year, the number of peace
81	81	officer positions, excluding detention officer positions; or
82	82	(ii) if the county has declined in
83	83	population since the preceding fiscal year, the number of peace
84	84	officer positions, excluding detention officer positions, the law
85	85	enforcement agency is authorized to employ per 1,000 county
86	86	residents; or
87	87	(D) the amount of funding per peace officer for
88	88	the recruitment and training of new peace officers to fill vacant
89	89	and new peace officer positions in the agency; [or]
90	90	(2) reallocates funding or resources to another law
91	91	enforcement agency;
92	92	(3) reallocates unspent funding that was appropriated
93	93	to a law enforcement agency; or
94	94	(4) reallocates funding previously appropriated for a
95	95	specific law enforcement position to another agency.
96	96	SECTION 4. Subchapter Z, Chapter 130, Local Government
97	97	Code, is amended by adding Section 130.903 to read as follows:
98	98	Sec. 130.903. REQUIREMENTS AND PROHIBITIONS RELATED TO
99	99	COUNTY LAW ENFORCEMENT IN CERTAIN COUNTIES. (a) This section
100	100	applies only to a county with a population of more than 1.2 million.
101	101	(b) A county may not:
102	102	(1) transfer money appropriated to the office of
103	103	sheriff or constable to the county's general revenue fund or any
104	104	other county account; or
105	105	(2) prohibit the office of sheriff or constable from
106	106	spending money appropriated to the office for any lawful purpose.
107	107	(c) In relation to money received under a contract entered
108	108	into under Section 85.025 or 86.026, the commissioners court of the
109	109	sheriff's or constable's county:
110	110	(1) shall credit the money to the office of the sheriff
111	111	or constable, as applicable, and may not credit the money to the
112	112	county's general revenue fund; and
113	113	(2) may not reduce the appropriation to the office of
114	114	the sheriff or constable, as applicable, by the amount of the money
115	115	received because the money is considered for purposes of Section
116	116	120.002 as part of the office's appropriation for the county fiscal
117	117	year in which the money is received.
118	118	(d) The county may not prohibit or otherwise restrict the
119	119	use of the money described by Subsection (b) by the sheriff or
120	120	constable, as applicable, for a lawful purpose, if the county
121	121	auditor or county treasurer determines that the money is available
122	122	to the office of the sheriff or constable, as applicable.
123	123	SECTION 5. Subchapter Z, Chapter 152, Local Government
124	124	Code, is amended by adding Section 152.908 to read as follows:
125	125	Sec. 152.908. COMPENSATION PARITY FOR LAW ENFORCEMENT
126	126	AGENCIES IN CERTAIN COUNTIES. (a) This section applies only to a
127	127	county with a population of more than 1.2 million.
128	128	(b) A county shall provide employees of the following law
129	129	enforcement agencies in the county in equivalent positions with
130	130	substantially similar compensation:
131	131	(1) the sheriff's office;
132	132	(2) each constable's office; and
133	133	(3) any other law enforcement agency with a primary
134	134	responsibility to police and investigate criminal offenses and that
135	135	is primarily funded by the county.
136	136	SECTION 6. This Act takes effect September 1, 2025.