Bill Text: TX HB336 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the authority of sheriffs and constables to enter into contracts to provide law enforcement services in certain counties and county financial authority in relation to sheriffs and constables in certain counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB336 Detail]
Download: Texas-2025-HB336-Introduced.html
| 89R1039 MP-D | ||
| By: Schofield | H.B. No. 336 | |
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| relating to the authority of sheriffs and constables to enter into | ||
| contracts to provide law enforcement services in certain counties | ||
| and county financial authority in relation to sheriffs and | ||
| constables 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) "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) This section applies only to a county with a population | ||
| of 1 million or more. | ||
| (c) 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). | ||
| (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) "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) This section applies only to a county with a population | ||
| of 1 million or more. | ||
| (c) 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). | ||
| (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. 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 1 million or more. | ||
| (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 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. | ||
