Texas 2025 - 89th Regular

Texas Senate Bill SB2951 Compare Versions

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

Old	New	Differences
1	1	89R19677 MP-D
2	2	By: Bettencourt S.B. No. 2951
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of sheriffs and constables to enter into
10	10	contracts to provide law enforcement services in certain counties
11	11	and county financial authority in relation to sheriffs and
12	12	constables in certain counties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter B, Chapter 85, Local Government Code,
15	15	is amended by adding Section 85.025 to read as follows:
16	16	Sec. 85.025. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
17	17	LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
18	18	(1) "Local government" means a municipality, special
19	19	purpose district, school district, or other political subdivision
20	20	of this state that has taxing authority.
21	21	(2) "Property owners' association" has the meaning
22	22	assigned by Section 202.001, Property Code.
23	23	(3) "Special purpose district" has the meaning
24	24	assigned by Section 403.0241, Government Code.
25	25	(4) "Subdivision" has the meaning assigned by Section
26	26	201.003, Property Code.
27	27	(b) This section applies only to a county with a population
28	28	of 3.3 million or more.
29	29	(c) A sheriff may enter into a contract with a resident of
30	30	the sheriff's county, local government or business located in the
31	31	sheriff's county, property owners' association, or owner of land in
32	32	a subdivision to provide law enforcement services in the sheriff's
33	33	county:
34	34	(1) in and near the area owned, leased, managed, or
35	35	regulated by the person contracting with the sheriff; and
36	36	(2) to the persons residing in or visiting an area
37	37	described by Subdivision (1).
38	38	(d) The commissioners court of the sheriff's county may not
39	39	prohibit or otherwise restrict the sheriff from entering into a
40	40	contract under this section. The sheriff may enter into the
41	41	contract and determine the terms of the contract, regardless of
42	42	whether the commissioners court approves of the contract or the
43	43	terms.
44	44	SECTION 2. Subchapter C, Chapter 86, Local Government Code,
45	45	is amended by adding Section 86.026 to read as follows:
46	46	Sec. 86.026. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
47	47	LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
48	48	(1) "Local government" means a municipality, special
49	49	purpose district, school district, or other political subdivision
50	50	of this state that has taxing authority.
51	51	(2) "Property owners' association" has the meaning
52	52	assigned by Section 202.001, Property Code.
53	53	(3) "Special purpose district" has the meaning
54	54	assigned by Section 403.0241, Government Code.
55	55	(4) "Subdivision" has the meaning assigned by Section
56	56	201.003, Property Code.
57	57	(b) This section applies only to a county with a population
58	58	of 3.3 million or more.
59	59	(c) A constable may enter into a contract with a resident of
60	60	the constable's precinct, local government or business located in
61	61	the constable's precinct, property owners' association, or owner of
62	62	land in a subdivision to provide law enforcement services in the
63	63	constable's precinct:
64	64	(1) in and near the area owned, leased, managed, or
65	65	regulated by the person contracting with the constable; and
66	66	(2) to the persons residing in or visiting an area
67	67	described by Subdivision (1).
68	68	(d) The commissioners court of a constable's county may not
69	69	prohibit or otherwise restrict the constable from entering into a
70	70	contract under this section. The constable may enter into the
71	71	contract and determine the terms of the contract, regardless of
72	72	whether the commissioners court approves of the contract or the
73	73	terms.
74	74	SECTION 3. Subchapter Z, Chapter 130, Local Government
75	75	Code, is amended by adding Section 130.903 to read as follows:
76	76	Sec. 130.903. REQUIREMENTS AND PROHIBITIONS RELATED TO
77	77	COUNTY LAW ENFORCEMENT IN CERTAIN COUNTIES. (a) This section
78	78	applies only to a county with a population of 3.3 million or more.
79	79	(b) A county may not:
80	80	(1) transfer money appropriated to the office of
81	81	sheriff or constable to the county's general revenue fund or any
82	82	other county account; or
83	83	(2) prohibit the office of sheriff or constable from
84	84	spending money appropriated to the office for any lawful purpose.
85	85	(c) In relation to money received under a contract entered
86	86	into under Section 85.025 or 86.026, the commissioners court of the
87	87	sheriff's or constable's county:
88	88	(1) shall credit the money to the office of the sheriff
89	89	or constable, as applicable, and may not credit the money to the
90	90	county's general revenue fund; and
91	91	(2) may not reduce the appropriation to the office of
92	92	the sheriff or constable, as applicable, by the amount of the money
93	93	received because the money is considered for purposes of Section
94	94	120.002 as part of the office's appropriation for the county fiscal
95	95	year in which the money is received.
96	96	(d) The county may not prohibit or otherwise restrict the
97	97	use of the money described by Subsection (b) by the sheriff or
98	98	constable, as applicable, for a lawful purpose, if the county
99	99	auditor or county treasurer determines that the money is available
100	100	to the office of the sheriff or constable, as applicable.
101	101	SECTION 4. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2025.