bill letting sheriffs and constables contract with HOAs

The text as introduced · 681 words

89R1038 MP-D

By: Schofield
H.B. No. 1246

A BILL TO BE ENTITLED

AN ACT

relating to the authority of sheriffs and constables to enter into

contracts to provide law enforcement services and county financial

authority in relation to sheriffs and constables.

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. (a) In this section:

(1) "Property owners' association" has the meaning

assigned by Section 202.001, Property Code.

(2) "Subdivision" has the meaning assigned by Section

201.003, Property Code.

(b) A sheriff may enter into a contract with a property

owners' association or an owner of land in a subdivision to provide

law enforcement services in the sheriff's county:

(1) in and near the area managed or regulated by the

association or the area owned by the owner; and

(2) to the persons residing in or visiting an area

described by Subdivision (1).

(c) 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. (a) In this section:

(1) "Property owners' association" has the meaning

assigned by Section 202.001, Property Code.

(2) "Subdivision" has the meaning assigned by Section

201.003, Property Code.

(b) A constable may enter into a contract with a property

owners' association or an owner of land in a subdivision to provide

law enforcement services in the constable's precinct:

(1) in and near the area managed or regulated by the

association or the area owned by the owner; and

(2) to the persons residing in or visiting an area

described by Subdivision (1).

(c) 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. (a) 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.

(b) 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.

(c) The county may not prohibit or otherwise restrict the

use of the money described by Subsection (a) 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.