HB1246 - Relating to the authority of sheriffs and constables to enter into contracts to provide law enforcement services and county financial authority in relation to sheriffs and constables.

  89R1038 MP-D     By: Schofield H.B. No. 1246       A BILL TO BE ENTITLED   AN ACT   relating to the authority of sheriffs and constables to enter into   contracts to provide law enforcement services and county financial   authority in relation to sheriffs and constables.          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. (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)     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).           (c)     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. (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)     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).           (c)     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. (a)   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.           (b)     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.           (c)     The county may not prohibit or otherwise restrict the   use of the money described by Subsection (a) 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.