89R4887 MP-D
By: Bettencourt S.B. No. 2679
A BILL TO BE ENTITLED
AN ACT
relating to the funding of, contracting with, and employment for
law enforcement agencies in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 85, Local Government Code,
is amended by adding Section 85.025 to read as follows:
Sec. 85.025. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
(1) "Local government" means a county, municipality,
municipal utility district, school district, junior college
district, or other political subdivision of this state.
(2) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(b) This section applies only to a county with a population
of more than 1.2 million.
(c) A sheriff may enter into a contract with a local
government, a property owners' association, or an owner of land to
provide law enforcement services in the sheriff's county:
(1) in and near the area managed or regulated by the
local government or the association or the area owned by the owner;
and
(2) to the persons residing in or visiting an area
described by Subdivision (1).
(d) The commissioners court of the sheriff's county may not
prohibit or otherwise restrict the sheriff from entering into a
contract under this section. The sheriff may enter into the
contract and determine the terms of the contract, regardless of
whether the commissioners court approves of the contract or the
terms.
SECTION 2. Subchapter C, Chapter 86, Local Government Code,
is amended by adding Section 86.026 to read as follows:
Sec. 86.026. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
(1) "Local government" means a county, municipality,
municipal utility district, school district, junior college
district, or other political subdivision of this state.
(2) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(b) This section applies only to a county with a population
of more than 1.2 million.
(c) A constable may enter into a contract with a local
government, a property owners' association, or an owner of land to
provide law enforcement services in the constable's precinct:
(1) in and near the area managed or regulated by the
local government or the association or the area owned by the owner;
and
(2) to the persons residing in or visiting an area
described by Subdivision (1).
(d) The commissioners court of a constable's county may not
prohibit or otherwise restrict the constable from entering into a
contract under this section. The constable may enter into the
contract and determine the terms of the contract, regardless of
whether the commissioners court approves of the contract or the
terms.
SECTION 3. Section 120.002(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Section 120.003, a county shall
hold an election in accordance with this chapter if the county
adopts a budget or changes an adopted budget resulting in a budget
for a fiscal year that, compared to the budget adopted by the county
for the preceding fiscal year:
(1) reduces for a law enforcement agency, excluding a
9-1-1 call center, with primary responsibility for policing,
criminal investigation, and answering calls for service:
(A) for a fiscal year in which the overall amount
of the budget is equal to or greater than the amount for the
preceding fiscal year, the appropriation to the agency;
(B) for a fiscal year in which the overall amount
of the budget is less than the amount for the preceding fiscal year,
the appropriation to the agency as a percentage of the total budget;
(C) as applicable:
(i) if the county has not declined in
population since the preceding fiscal year, the number of peace
officer positions, excluding detention officer positions; or
(ii) if the county has declined in
population since the preceding fiscal year, the number of peace
officer positions, excluding detention officer positions, the law
enforcement agency is authorized to employ per 1,000 county
residents; or
(D) the amount of funding per peace officer for
the recruitment and training of new peace officers to fill vacant
and new peace officer positions in the agency; [or]
(2) reallocates funding or resources to another law
enforcement agency;
(3) reallocates unspent funding that was appropriated
to a law enforcement agency; or
(4) reallocates funding previously appropriated for a
specific law enforcement position to another agency.
SECTION 4. Subchapter Z, Chapter 130, Local Government
Code, is amended by adding Section 130.903 to read as follows:
Sec. 130.903. REQUIREMENTS AND PROHIBITIONS RELATED TO
COUNTY LAW ENFORCEMENT IN CERTAIN COUNTIES. (a) This section
applies only to a county with a population of more than 1.2 million.
(b) A county may not:
(1) transfer money appropriated to the office of
sheriff or constable to the county's general revenue fund or any
other county account; or
(2) prohibit the office of sheriff or constable from
spending money appropriated to the office for any lawful purpose.
(c) In relation to money received under a contract entered
into under Section 85.025 or 86.026, the commissioners court of the
sheriff's or constable's county:
(1) shall credit the money to the office of the sheriff
or constable, as applicable, and may not credit the money to the
county's general revenue fund; and
(2) may not reduce the appropriation to the office of
the sheriff or constable, as applicable, by the amount of the money
received because the money is considered for purposes of Section
120.002 as part of the office's appropriation for the county fiscal
year in which the money is received.
(d) The county may not prohibit or otherwise restrict the
use of the money described by Subsection (b) by the sheriff or
constable, as applicable, for a lawful purpose, if the county
auditor or county treasurer determines that the money is available
to the office of the sheriff or constable, as applicable.
SECTION 5. Subchapter Z, Chapter 152, Local Government
Code, is amended by adding Section 152.908 to read as follows:
Sec. 152.908. COMPENSATION PARITY FOR LAW ENFORCEMENT
AGENCIES IN CERTAIN COUNTIES. (a) This section applies only to a
county with a population of more than 1.2 million.
(b) A county shall provide employees of the following law
enforcement agencies in the county in equivalent positions with
substantially similar compensation:
(1) the sheriff's office;
(2) each constable's office; and
(3) any other law enforcement agency with a primary
responsibility to police and investigate criminal offenses and that
is primarily funded by the county.
SECTION 6. This Act takes effect September 1, 2025.