89R23450 MP-D     By: Oliverson H.B. No. 1862     Substitute the following for H.B. No. 1862:     By:  Bell of Montgomery C.S.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 3.3 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 3.3 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, Local Government Code, is   amended by adding Subsection (a-1) and amending Subsection (b) to   read as follows:          (a-1)  This subsection applies only to a county with a   population of more than 3.3 million.  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)  has an effect described by Subsection (a);                (2)  reallocates unspent funding that was appropriated   to a law enforcement agency; or                (3)  reallocates funding previously appropriated for a   specific law enforcement position to another agency.          (b)  A county may not implement a proposed reduction or   reallocation described by Subsection (a) or (a-1) until the county   receives voter approval for the proposed reduction or reallocation   at an election held for that purpose.  The county may, at any time,   order the election to be held on the 30th day after the date the   county orders the election.  Section 41.001, Election Code, does   not apply to an election under this subsection.          SECTION 4.  Section 120.006(a), Local Government Code, is   amended to read as follows:          (a)  A person who believes that a county has implemented a   proposed reduction or reallocation described by Section 120.002(a)   or (a-1) without the required voter approval and who resides in the   county may file a complaint with the criminal justice division of   the office of the governor.          SECTION 5.  Sections 120.007(a), (c), and (d), Local   Government Code, are amended to read as follows:          (a)  On request by the criminal justice division of the   office of the governor, the comptroller shall determine whether a   county has implemented a proposed reduction or reallocation   described by Section 120.002(a) or (a-1) without the required voter   approval.  The comptroller shall issue a written determination to   the governor, lieutenant governor, speaker of the house of   representatives, and governing body of the county.          (c)  Notwithstanding any other law, if the comptroller   determines that a county implemented a proposed reduction or   reallocation described by Section 120.002(a) or (a-1) without the   required voter approval, the county may not adopt an ad valorem tax   rate that exceeds the county's no-new-revenue tax rate until the   earlier of:                (1)  the date the comptroller issues a written   determination that the county has, as applicable:                      (A)  reversed each funding reduction, adjusted   for inflation, and personnel reduction that was a subject of the   determination; or                      (B)  restored all reallocated funding and   resources that were subjects of the determination to the original   law enforcement agency; or                (2)  the date on which each reduction and reallocation   that was a subject of the determination has been approved in an   election held in accordance with this chapter.          (d)  For purposes of making the calculation required under   Section 26.013, Tax Code, in a tax year the comptroller determines   that a county implemented a proposed reduction or reallocation   described by Section 120.002(a) or (a-1) without the required voter   approval, the difference between the actual tax rate and   voter-approval tax rate is considered to be zero.          SECTION 6.  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 3.3 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 7.  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 3.3 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 8.  This Act takes effect September 1, 2025.