House Bill No. 40 amends the Local Government Code to grant sheriffs and constables in counties with populations of 3.3 million or more the authority to enter into contracts for law enforcement services. Specifically, it allows sheriffs to contract with local residents, governments, businesses, property owners' associations, or landowners within their counties to provide law enforcement services in designated areas. The bill also stipulates that the commissioners court cannot restrict or prohibit these contracts, giving sheriffs the autonomy to determine the terms without needing court approval. Similarly, constables are granted the same authority within their precincts.

Additionally, the bill introduces provisions that protect the financial autonomy of sheriffs and constables by prohibiting counties from transferring appropriated funds to their general revenue funds or restricting the spending of those funds for lawful purposes. It mandates that any money received from contracts under the new sections must be credited directly to the respective law enforcement offices and cannot reduce their appropriations. This ensures that the financial resources intended for law enforcement remain available for their operational needs. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

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