Schofield Bill Lets 3.3M-County Sheriffs Sign Contracts Commissioners Can’t Block

The text as introduced · 838 words

89R19677 MP-D

By: Schofield
H.B. No. 5470

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.