Bill Text: TX HB1950 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the control and funding of law enforcement and public safety services in certain political subdivisions.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB1950 Detail]
Download: Texas-2021-HB1950-Comm_Sub.html
87R20106 MP-F | |||
By: Slawson, Bonnen, Harris, Patterson, | H.B. No. 1950 | ||
et al. | |||
Substitute the following for H.B. No. 1950: | |||
By: Paddie | C.S.H.B. No. 1950 |
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relating to the control and funding of law enforcement and public | ||
safety services in certain political subdivisions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Texas Public Safety | ||
Protection Act. | ||
SECTION 2. Subtitle A, Title 4, Local Government Code, is | ||
amended by adding Chapter 109 to read as follows: | ||
CHAPTER 109. DETERMINATION OF DEFUNDING MUNICIPALITIES | ||
Sec. 109.001. DEFINITION. In this chapter, "division" | ||
means the criminal justice division of the office of the governor. | ||
Sec. 109.002. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to a municipality with a population of more than | ||
250,000. | ||
Sec. 109.003. DEFUNDING DETERMINATION. Except as provided | ||
by Section 109.004, a defunding municipality is a municipality: | ||
(1) that adopts a budget for a fiscal year that, in | ||
comparison to the municipality's preceding fiscal year, reduces the | ||
appropriation to the municipality's police department; and | ||
(2) for which the division issues a written | ||
determination finding that the municipality has made the reduction | ||
described by Subdivision (1). | ||
Sec. 109.0035. INITIAL DETERMINATION. In making a | ||
determination of whether a municipality is a defunding municipality | ||
under Section 109.003 according to the budget adopted for the first | ||
fiscal year beginning on or after September 1, 2021, the division | ||
shall compare the appropriation to the municipality's police | ||
department in that budget to the appropriation to that department | ||
in the budget of the preceding fiscal year or the second preceding | ||
fiscal year, whichever is greater. This section expires September | ||
1, 2023. | ||
Sec. 109.004. EXCEPTIONS. A municipality is not considered | ||
to be a defunding municipality under Section 109.003 if: | ||
(1) for a fiscal year in which the municipality adopts | ||
a budget that is less than the budget for the preceding fiscal year, | ||
the percentage reduction to the appropriation to the municipality's | ||
police department does not exceed the percentage reduction to the | ||
total budget; or | ||
(2) before the adoption of a budget, the municipality | ||
applies for and is granted approval from the division for a | ||
reduction to the appropriation to the municipality's police | ||
department to account for: | ||
(A) capital expenditures related to law | ||
enforcement during the preceding fiscal year; | ||
(B) the municipality's response to a state of | ||
disaster declared under Section 418.014, Government Code; or | ||
(C) another reason approved by the division. | ||
Sec. 109.005. TERMINATION OF DEFUNDING DETERMINATION. A | ||
municipality's defunding determination under Section 109.003 | ||
continues until the division issues a written determination finding | ||
that the municipality has reversed the reduction, adjusted for | ||
inflation, described by Section 109.003(1). | ||
Sec. 109.006. DIVISION DUTIES. (a) The division shall: | ||
(1) compute the inflation rate used to make | ||
determinations under Section 109.005 each state fiscal year using a | ||
price index that accurately reports changes in the purchasing power | ||
of the dollar for municipalities in this state; and | ||
(2) publish the inflation rate in the Texas Register. | ||
(b) The division shall adopt rules establishing the | ||
criteria the division uses to approve reductions under Section | ||
109.004(2). | ||
SECTION 3. Subtitle A, Title 11, Local Government Code, is | ||
amended by adding Chapter 345 to read as follows: | ||
CHAPTER 345. LAW ENFORCEMENT AND PUBLIC SAFETY ZONES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 345.001. PURPOSE. The purpose of this chapter is to | ||
provide certain municipalities that have defunded their law | ||
enforcement agencies with law enforcement and public safety | ||
services. | ||
Sec. 345.002. CONSTRUCTION OF CHAPTER. (a) This chapter | ||
shall be liberally construed in conformity with the purpose in | ||
Section 345.001. | ||
(b) If any provision of general law is in conflict or | ||
inconsistent with this chapter, this chapter prevails. Any general | ||
law not in conflict or inconsistent with this chapter is adopted and | ||
incorporated by reference. | ||
Sec. 345.003. APPLICABILITY. This chapter applies only to | ||
a municipality that is: | ||
(1) located wholly or partly in a county with a | ||
population of more than 1 million and less than 1.5 million; and | ||
(2) a defunding municipality under Chapter 109. | ||
Sec. 345.004. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of a zone. | ||
(2) "Director" means a member of a board. | ||
(3) "Zone" means a law enforcement and public safety | ||
zone created under this chapter. | ||
Sec. 345.005. CONFLICT OF LAWS. To the extent of a conflict | ||
between a provision of this chapter and another law applicable to | ||
the maintenance or distribution of a defunding municipality's share | ||
of taxes collected by the comptroller under Chapter 321, Tax Code, | ||
this chapter controls. | ||
SUBCHAPTER B. CREATION OF ZONE | ||
Sec. 345.051. CREATION OF ZONE. (a) The governor by | ||
declaration may designate as a law enforcement and public safety | ||
zone an area in a municipality to which this chapter applies. | ||
(b) The declaration must: | ||
(1) prescribe the date on which the zone will begin | ||
operations; | ||
(2) describe the boundaries of the zone: | ||
(A) by metes and bounds; | ||
(B) by verifiable landmarks; or | ||
(C) if there is a recorded map or plat and survey | ||
of the area, by lot and block number; | ||
(3) appoint the initial board of directors of the | ||
zone; and | ||
(4) notwithstanding Section 321.502, Tax Code, and | ||
beginning on the date that the zone begins operations, direct the | ||
comptroller of public accounts to set aside in a special fund for | ||
the purpose of funding zone operations, the municipality's share of | ||
the taxes collected by the comptroller under Chapter 321, Tax Code. | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 345.101. BOARD OF DIRECTORS. (a) A zone is governed | ||
by a board of at least three but no more than 11 directors who are | ||
appointed by the governor. | ||
(b) Directors serve two-year terms with the terms expiring | ||
January 1 of each even-numbered year. | ||
(c) A vacancy is filled for the unexpired term by | ||
appointment by the governor. | ||
(d) A director is not liable for civil damages or criminal | ||
prosecution for any act performed in good faith in the execution of | ||
the director's duties or for any action taken by the board. | ||
Sec. 345.102. QUALIFICATIONS OF DIRECTORS. To serve as a | ||
director, a person must be at least 18 years old and be: | ||
(1) a resident of the municipality or county in which | ||
the zone is located; | ||
(2) a property owner in the zone; | ||
(3) an agent or employee of a person described by | ||
Subdivision (2); or | ||
(4) a person with law enforcement experience. | ||
Sec. 345.103. ORGANIZATION AND MEETINGS OF BOARD. (a) | ||
After the appointment of directors, the board shall organize by | ||
electing a presiding officer, a secretary, and any other officers | ||
the board considers necessary. | ||
(b) The board shall meet at least quarterly and at the call | ||
of the presiding officer. | ||
Sec. 345.104. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF | ||
EXPENSES. A director is not entitled to compensation for service on | ||
the board but is entitled to be reimbursed for necessary expenses | ||
incurred in carrying out the duties and responsibilities of a | ||
director. | ||
Sec. 345.105. BOARD POSITION NOT CIVIL OFFICE OF EMOLUMENT. | ||
A position on the board may not be construed to be a civil office of | ||
emolument for any purpose, including those purposes described by | ||
Article XVI, Section 40, Texas Constitution. | ||
Sec. 345.106. VOTING. An affirmative vote by a majority of | ||
the directors then appointed is required for the board to take | ||
formal action. | ||
Sec. 345.107. OPEN RECORDS AND MEETINGS. The board is | ||
treated as a governmental body for the purposes of Chapters 551 and | ||
552, Government Code. | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 345.151. GENERAL POWERS. A zone has the powers | ||
necessary or convenient to accomplish the zone's purpose under this | ||
chapter. | ||
Sec. 345.152. SPECIFIC POWERS AND DUTIES. (a) A zone shall | ||
direct all law enforcement activities and public safety services in | ||
the zone, including: | ||
(1) the enforcement of all state criminal, traffic, | ||
and safety laws in the zone; | ||
(2) the prevention of crime in the zone; | ||
(3) the investigation, detection, and apprehension of | ||
persons who violate laws in the zone; and | ||
(4) the protection of the welfare and safety of | ||
residents of and visitors to the zone. | ||
(b) A zone shall finance all the costs of the law | ||
enforcement activities and public safety services described in | ||
Subsection (a), including the costs for personnel, administration, | ||
and contracting. | ||
Sec. 345.153. POWERS AND DUTIES REGARDING PEACE OFFICERS. | ||
(a) The board has exclusive management and control over any peace | ||
officer employed or contracted to provide law enforcement and | ||
public safety services in the zone while the peace officer is | ||
performing those services. | ||
(b) The board shall ensure that each peace officer employed | ||
or contracted to provide law enforcement and public safety services | ||
in the zone is a licensed peace officer under Chapter 1701, | ||
Occupations Code. | ||
(c) The board may establish payment rates for peace officers | ||
employed or contracted to provide law enforcement and public safety | ||
services in the zone. In establishing those rates, the board shall | ||
ensure that the hourly wage paid by the zone to a peace officer does | ||
not exceed 200 percent of the hourly wage paid to the peace officer | ||
for performing law enforcement activities by another jurisdiction | ||
at the time of the peace officer's employment or contract with the | ||
zone. | ||
Sec. 345.154. CONTRACTING. (a) Notwithstanding any other | ||
law, when acting on behalf of the zone, the board may contract with | ||
any entity, including a state agency, a municipality, a county, | ||
another political subdivision of the state, an individual, or a | ||
private corporation, to carry out the zone's purpose under this | ||
chapter. | ||
(b) A municipality, county, or other political subdivision | ||
of the state may not prohibit an individual who is employed as a | ||
peace officer by the municipality, county, or political subdivision | ||
from contracting with the board to provide law enforcement and | ||
public safety services in the zone. | ||
(c) A municipality, county, or other political subdivision | ||
of the state may not retaliate or discriminate against an | ||
individual who is employed as a peace officer by the municipality, | ||
county, or political subdivision and who has contracted with the | ||
board to provide law enforcement and public safety services in the | ||
zone. | ||
Sec. 345.155. ZONE FUNDS. In order to pay for zone | ||
operations, including the costs of law enforcement activities and | ||
public safety services provided in the zone, the board shall have | ||
access to the taxes set aside by the comptroller in a special fund | ||
as directed by the governor's declaration in Section 345.051(b)(4). | ||
Sec. 345.156. DONATIONS, GIFTS, AND GRANTS. On behalf of | ||
the zone, the board may accept donations, gifts, and grants to carry | ||
out the zone's purpose under this chapter. | ||
Sec. 345.157. NO EMINENT DOMAIN POWER. A zone may not | ||
exercise the power of eminent domain. | ||
SUBCHAPTER E. DISSOLUTION OF ZONE | ||
Sec. 345.201. DISSOLUTION OF ZONE. (a) Beginning on the | ||
date on which the criminal justice division of the governor's | ||
office issues a written determination in accordance with Section | ||
109.005 finding that the municipality in which a zone is located has | ||
reversed the reduction, adjusted for inflation, described by | ||
Section 109.003(1), the governor by declaration may order the zone | ||
to commence the process of dissolution. | ||
(b) As soon as practicable after the governor issues a | ||
declaration under Subsection (a), the zone shall pay all of its | ||
expenses and discharge all of its outstanding debts and contractual | ||
obligations. | ||
(c) Immediately after paying all expenses and discharging | ||
all outstanding debts and contractual obligations under Subsection | ||
(b), the zone shall be dissolved and shall notify the comptroller of | ||
its dissolution. Upon receiving this notification, the comptroller | ||
shall close the zone's special fund and transfer any remaining | ||
balance to the municipality in which the zone was located. | ||
SECTION 4. Chapter 109, Local Government Code, as added by | ||
this Act, applies only to the adoption of a budget by a municipality | ||
for a fiscal year that begins on or after the effective date of this | ||
Act. | ||
SECTION 5. This Act takes effect September 1, 2021. |