| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | |
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| 10 | 6 | | |
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| 11 | 7 | | A BILL TO BE ENTITLED |
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| 12 | 8 | | AN ACT |
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| 13 | 9 | | relating to an election to approve a reduction or reallocation of |
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| 14 | 10 | | funding or resources for certain county prosecutors' offices. |
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| 15 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 12 | | SECTION 1. The heading to Chapter 120, Local Government |
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| 17 | 13 | | Code, is amended to read as follows: |
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| 18 | 14 | | CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR |
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| 19 | 15 | | CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES AND PROSECUTORS' OFFICES |
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| 20 | 16 | | SECTION 2. Chapter 120, Local Government Code, is amended |
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| 21 | 17 | | by adding Section 120.0001 to read as follows: |
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| 22 | 18 | | Sec. 120.0001. DEFINITION. In this chapter, "prosecutor's |
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| 23 | 19 | | office" means the office of a district attorney, a criminal |
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| 24 | 20 | | district attorney, or a county attorney with criminal jurisdiction. |
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| 25 | 21 | | SECTION 3. Sections 120.002(a) and (c), Local Government |
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| 26 | 22 | | Code, are amended to read as follows: |
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| 27 | 23 | | (a) Except as provided by Section 120.003, a county shall |
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| 28 | 24 | | hold an election in accordance with this chapter if the county |
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| 29 | 25 | | adopts a budget for a fiscal year that, compared to the budget |
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| 30 | 26 | | adopted by the county for the preceding fiscal year: |
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| 31 | 27 | | (1) reduces for a law enforcement agency, excluding a |
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| 32 | 28 | | 9-1-1 call center, with primary responsibility for policing, |
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| 33 | 29 | | criminal investigation, and answering calls for service or for a |
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| 34 | 30 | | prosecutor's office: |
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| 35 | 31 | | (A) for a fiscal year in which the overall amount |
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| 36 | 32 | | of the budget is equal to or greater than the amount for the |
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| 37 | 33 | | preceding fiscal year, the appropriation to the agency or office; |
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| 38 | 34 | | (B) for a fiscal year in which the overall amount |
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| 39 | 35 | | of the budget is less than the amount for the preceding fiscal year, |
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| 40 | 36 | | the appropriation to the agency or office as a percentage of the |
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| 41 | 37 | | total budget; |
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| 42 | 38 | | (C) as applicable: |
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| 43 | 39 | | (i) if the county has not declined in |
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| 44 | 40 | | population since the preceding fiscal year, the number of peace |
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| 45 | 41 | | officer positions, excluding detention officer positions; or |
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| 46 | 42 | | (ii) if the county has declined in |
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| 47 | 43 | | population since the preceding fiscal year, the number of peace |
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| 48 | 44 | | officer positions, excluding detention officer positions, the law |
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| 49 | 45 | | enforcement agency is authorized to employ per 1,000 county |
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| 50 | 46 | | residents; or |
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| 51 | 47 | | (D) the amount of funding per peace officer for |
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| 52 | 48 | | the recruitment and training of new peace officers to fill vacant |
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| 53 | 49 | | and new peace officer positions in the agency; or |
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| 54 | 50 | | (2) reallocates funding or resources to another law |
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| 55 | 51 | | enforcement agency or prosecutor's office. |
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| 56 | 52 | | (c) For purposes of this section, a county budget does not |
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| 57 | 53 | | include: |
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| 58 | 54 | | (1) a one-time extraordinary expense, as determined by |
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| 59 | 55 | | the comptroller, that is outside the normal costs of operating a law |
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| 60 | 56 | | enforcement agency or prosecutor's office, including purchasing a |
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| 61 | 57 | | fleet of law enforcement vehicles or constructing an additional |
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| 62 | 58 | | training academy; |
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| 63 | 59 | | (2) revenues used to repay voter-approved bonded |
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| 64 | 60 | | indebtedness incurred for a law enforcement or prosecutorial |
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| 65 | 61 | | purpose; |
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| 66 | 62 | | (3) detention officer compensation; or |
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| 67 | 63 | | (4) a donation or state or federal grant to the |
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| 68 | 64 | | county's law enforcement agency or prosecutor's office. |
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| 69 | 65 | | SECTION 4. Section 120.007(c), Local Government Code, is |
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| 70 | 66 | | amended to read as follows: |
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| 71 | 67 | | (c) Notwithstanding any other law, if the comptroller |
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| 72 | 68 | | determines that a county implemented a proposed reduction or |
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| 73 | 69 | | reallocation described by Section 120.002(a) without the required |
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| 74 | 70 | | voter approval, the county may not adopt an ad valorem tax rate that |
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| 75 | 71 | | exceeds the county's no-new-revenue tax rate until the earlier of: |
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| 76 | 72 | | (1) the date the comptroller issues a written |
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| 77 | 73 | | determination that the county has, as applicable: |
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| 78 | 74 | | (A) reversed each funding reduction, adjusted |
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| 79 | 75 | | for inflation, and personnel reduction that was a subject of the |
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| 80 | 76 | | determination; or |
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| 81 | 77 | | (B) restored all reallocated funding and |
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| 82 | 78 | | resources that were subjects of the determination to the original |
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| 83 | 79 | | law enforcement agency or prosecutor's office; or |
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| 84 | 80 | | (2) the date on which each reduction and reallocation |
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| 85 | 81 | | that was a subject of the determination has been approved in an |
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| 86 | 82 | | election held in accordance with this chapter. |
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| 87 | 83 | | SECTION 5. This Act takes effect January 1, 2026. |
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