House Bill No. 40 aims to enhance the authority of sheriffs and constables in counties with populations of 3.3 million or more by allowing them to enter into contracts for law enforcement services. The bill introduces new sections to the Local Government Code, specifically Sections 85.025 and 86.026, which define the terms under which sheriffs and constables can contract with local governments, businesses, property owners' associations, or landowners to provide law enforcement services in their respective areas. Importantly, the bill stipulates that the commissioners court cannot restrict or prohibit these contracts, allowing sheriffs and constables to determine the terms independently of the court's approval.

Additionally, the bill includes Section 130.903, which establishes requirements and prohibitions related to county law enforcement funding. It prohibits counties from transferring funds appropriated to the offices of sheriffs or constables to the general revenue fund and ensures that these offices can spend their appropriated funds for lawful purposes. The section also mandates that any money received from contracts under the new provisions must be credited directly to the respective law enforcement office and cannot reduce their overall appropriations. This legislation is designed to provide greater financial autonomy and operational flexibility to law enforcement agencies in large counties.

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