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.