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.