BILL ANALYSIS Senate Research Center S.B. 330 89R4151 MZM-D By: Huffman Criminal Justice 4/11/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Prosecutors play a critical role in the criminal justice system as they are charged with obtaining justice for victims of crime and should be treated no differently than law enforcement. Unfortunately, some counties have attempted to further defund the criminal justice system by proposing budgets that cut funding to prosecutor offices. S.B. 330 adds prosecutors' offices to the provisions of Chapter 120 of the Local Government Code. Accordingly, a local government must secure voter approval before passing a budget that reduces regular funding for a prosecutor's office compared to the previous fiscal year, as a percentage of the total annual budget. As proposed, S.B. 330 amends current law relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors' offices. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Chapter 120, Local Government Code, to read as follows: CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES AND PROSECUTORS' OFFICES SECTION 2. Amends Chapter 120, Local Government Code, by adding Section 120.0001, to define "prosecutor's office." SECTION 3. Amends Sections 120.002(a) and (c), Local Government Code, as follows: (a) Requires a county, except as provided by Section 120.003 (Disaster Exception), to hold an election in accordance with this chapter if the county adopts 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 or for a prosecutor's office: (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 or office; (B) makes a conforming change to this paragraph; or (C)-(D) makes no changes to these paragraphs; or (2) makes a conforming change to this subdivision. (c) Makes conforming changes to this subsection. SECTION 4. Amends Section 120.007(c), Local Government Code, to make a conforming change. SECTION 5. Effective date: January 1, 2026.
BILL ANALYSIS
Senate Research Center S.B. 330
89R4151 MZM-D By: Huffman
Criminal Justice
4/11/2025
As Filed
Senate Research Center
S.B. 330
89R4151 MZM-D
By: Huffman
Criminal Justice
4/11/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Prosecutors play a critical role in the criminal justice system as they are charged with obtaining justice for victims of crime and should be treated no differently than law enforcement. Unfortunately, some counties have attempted to further defund the criminal justice system by proposing budgets that cut funding to prosecutor offices.
S.B. 330 adds prosecutors' offices to the provisions of Chapter 120 of the Local Government Code. Accordingly, a local government must secure voter approval before passing a budget that reduces regular funding for a prosecutor's office compared to the previous fiscal year, as a percentage of the total annual budget.
As proposed, S.B. 330 amends current law relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors' offices.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Chapter 120, Local Government Code, to read as follows:
CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES AND PROSECUTORS' OFFICES
SECTION 2. Amends Chapter 120, Local Government Code, by adding Section 120.0001, to define "prosecutor's office."
SECTION 3. Amends Sections 120.002(a) and (c), Local Government Code, as follows:
(a) Requires a county, except as provided by Section 120.003 (Disaster Exception), to hold an election in accordance with this chapter if the county adopts 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 or for a prosecutor's office:
(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 or office;
(B) makes a conforming change to this paragraph; or
(C)-(D) makes no changes to these paragraphs; or
(2) makes a conforming change to this subdivision.
(c) Makes conforming changes to this subsection.
SECTION 4. Amends Section 120.007(c), Local Government Code, to make a conforming change.
SECTION 5. Effective date: January 1, 2026.