BILL ANALYSIS

S.B. 740

By: Huffman

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In response to a movement aimed at "defunding" the police, the 87th Texas Legislature enacted S.B. 23, which required a county with a population of more than one million to obtain voter approval at an election before enacting certain reductions or reallocations of funding to or resources for the county's primary law enforcement agency. Prosecutors play a critical role in the criminal justice system as they are charged with obtaining justice for victims of crime. As such, funding for prosecutors should be protected just as it is for law enforcement.

Accordingly, S.B. 740 seeks to expand on S.B. 23 by requiring a county with a population of more than one million to obtain voter approval at an election before reducing or reallocating funding or resources for a prosecutor's office, which the bill defines for this purpose as the office of a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 740 amends the Local Government Code to expand the scope of statutory provisions requiring a county with a population of more than one million that proposes a reduction or reallocation of funding or resources for certain law enforcement agencies year over year to hold an election to allow voters to approve or reject the action so as to make that election requirement applicable also with respect to a reduction or reallocation of funding or resources for a prosecutor's office, which the bill defines for this purpose as the office of a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction.

EFFECTIVE DATE

January 1, 2024.