Bill Text: TX HB1246 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the authority of sheriffs and constables to enter into contracts to provide law enforcement services and county financial authority in relation to sheriffs and constables.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB1246 Detail]
Download: Texas-2025-HB1246-Introduced.html
| 89R1038 MP-D | ||
| By: Schofield | H.B. No. 1246 | |
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| relating to the authority of sheriffs and constables to enter into | ||
| contracts to provide law enforcement services and county financial | ||
| authority in relation to sheriffs and constables. | ||
| 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. (a) In this section: | ||
| (1) "Property owners' association" has the meaning | ||
| assigned by Section 202.001, Property Code. | ||
| (2) "Subdivision" has the meaning assigned by Section | ||
| 201.003, Property Code. | ||
| (b) A sheriff may enter into a contract with a property | ||
| owners' association or an owner of land in a subdivision to provide | ||
| law enforcement services in the sheriff's county: | ||
| (1) in and near the area managed or regulated by the | ||
| association or the area owned by the owner; and | ||
| (2) to the persons residing in or visiting an area | ||
| described by Subdivision (1). | ||
| (c) 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. (a) In this section: | ||
| (1) "Property owners' association" has the meaning | ||
| assigned by Section 202.001, Property Code. | ||
| (2) "Subdivision" has the meaning assigned by Section | ||
| 201.003, Property Code. | ||
| (b) A constable may enter into a contract with a property | ||
| owners' association or an owner of land in a subdivision to provide | ||
| law enforcement services in the constable's precinct: | ||
| (1) in and near the area managed or regulated by the | ||
| association or the area owned by the owner; and | ||
| (2) to the persons residing in or visiting an area | ||
| described by Subdivision (1). | ||
| (c) 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. (a) 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. | ||
| (b) 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. | ||
| (c) The county may not prohibit or otherwise restrict the | ||
| use of the money described by Subsection (a) 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. | ||
