89R19677 MP-D
By: Bettencourt S.B. No. 2951
A BILL TO BE ENTITLED
AN ACT
relating to the authority of sheriffs and constables to enter into
contracts to provide law enforcement services in certain counties
and county financial authority in relation to sheriffs and
constables 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 municipality, special
purpose district, school district, or other political subdivision
of this state that has taxing authority.
(2) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(3) "Special purpose district" has the meaning
assigned by Section 403.0241, Government Code.
(4) "Subdivision" has the meaning assigned by Section
201.003, Property Code.
(b) This section applies only to a county with a population
of 3.3 million or more.
(c) A sheriff may enter into a contract with a resident of
the sheriff's county, local government or business located in the
sheriff's county, property owners' association, or owner of land in
a subdivision to provide law enforcement services in the sheriff's
county:
(1) in and near the area owned, leased, managed, or
regulated by the person contracting with the sheriff; 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 municipality, special
purpose district, school district, or other political subdivision
of this state that has taxing authority.
(2) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(3) "Special purpose district" has the meaning
assigned by Section 403.0241, Government Code.
(4) "Subdivision" has the meaning assigned by Section
201.003, Property Code.
(b) This section applies only to a county with a population
of 3.3 million or more.
(c) A constable may enter into a contract with a resident of
the constable's precinct, local government or business located in
the constable's precinct, property owners' association, or owner of
land in a subdivision to provide law enforcement services in the
constable's precinct:
(1) in and near the area owned, leased, managed, or
regulated by the person contracting with the constable; 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. 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 3.3 million or more.
(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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.