Oliverson Bill Lets Sheriffs, Constables Sign Contracts Without Commissioners Court

The text as introduced · 1,105 words

89R4887 MP-D

By: Oliverson
H.B. No. 1862

A BILL TO BE ENTITLED

AN ACT

relating to the funding of, contracting with, and employment for

law enforcement agencies 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 county, municipality,

municipal utility district, school district, junior college

district, or other political subdivision of this state.

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

assigned by Section 202.001, Property Code.

(b) This section applies only to a county with a population

of more than 1.2 million.

(c) A sheriff may enter into a contract with a local

government, a property owners' association, or an owner of land to

provide law enforcement services in the sheriff's county:

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

local government or the association or the area owned by the owner;

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 county, municipality,

municipal utility district, school district, junior college

district, or other political subdivision of this state.

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

assigned by Section 202.001, Property Code.

(b) This section applies only to a county with a population

of more than 1.2 million.

(c) A constable may enter into a contract with a local

government, a property owners' association, or an owner of land to

provide law enforcement services in the constable's precinct:

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

local government or the association or the area owned by the owner;

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. Section 120.002(a), Local Government Code, is

amended to read as follows:

(a) Except as provided by Section 120.003, a county shall

hold an election in accordance with this chapter if the county

adopts a budget or changes an adopted budget resulting in 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:

(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;

(B) for a fiscal year in which the overall amount

of the budget is less than the amount for the preceding fiscal year,

the appropriation to the agency as a percentage of the total budget;

(C) as applicable:

(i) if the county has not declined in

population since the preceding fiscal year, the number of peace

officer positions, excluding detention officer positions; or

(ii) if the county has declined in

population since the preceding fiscal year, the number of peace

officer positions, excluding detention officer positions, the law

enforcement agency is authorized to employ per 1,000 county

residents; or

(D) the amount of funding per peace officer for

the recruitment and training of new peace officers to fill vacant

and new peace officer positions in the agency; [ or ]

(2) reallocates funding or resources to another law

enforcement agency ;

(3) reallocates unspent funding that was appropriated

to a law enforcement agency; or

(4) reallocates funding previously appropriated for a

specific law enforcement position to another agency .

SECTION 4. 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 more than 1.2 million.

(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 5. Subchapter Z, Chapter 152, Local Government

Code, is amended by adding Section 152.908 to read as follows:

Sec. 152.908. COMPENSATION PARITY FOR LAW ENFORCEMENT

AGENCIES IN CERTAIN COUNTIES. (a) This section applies only to a

county with a population of more than 1.2 million.

(b) A county shall provide employees of the following law

enforcement agencies in the county in equivalent positions with

substantially similar compensation:

(1) the sheriff's office;

(2) each constable's office; and

(3) any other law enforcement agency with a primary

responsibility to police and investigate criminal offenses and that

is primarily funded by the county.

SECTION 6. This Act takes effect September 1, 2025.