| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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 |
Statutes affected:
Introduced: ()