Bill Text: TX HB1862 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the funding of, contracting with, and employment for law enforcement agencies in certain counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-15 - Filed [HB1862 Detail]
Download: Texas-2025-HB1862-Introduced.html
| 89R4887 MP-D | ||
| By: Oliverson | H.B. No. 1862 | |
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| 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; [ |
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| (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. | ||
