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 within their jurisdictions. It explicitly states that the commissioners court cannot restrict these officials from entering into such contracts or dictate their terms.

Additionally, the bill establishes financial protections for the offices of sheriffs and constables. Section 130.903 prohibits counties from transferring funds appropriated to these offices to the general revenue fund or restricting their spending. It mandates that any money received from contracts under the new sections must be credited directly to the respective office and cannot reduce their overall appropriations. This legislation is designed to ensure that law enforcement agencies in large counties have the necessary resources and autonomy to effectively serve their communities.

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