Bill Text: TX SB740 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors' offices.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB740 Detail]
Download: Texas-2023-SB740-Engrossed.html
Bill Title: Relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors' offices.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB740 Detail]
Download: Texas-2023-SB740-Engrossed.html
By: Huffman, Kolkhorst, Paxton | S.B. No. 740 |
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relating to an election to approve a reduction or reallocation of | ||
funding or resources for certain county prosecutors' offices. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 120, Local Government | ||
Code, is amended to read as follows: | ||
CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR | ||
CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES AND PROSECUTORS' OFFICES | ||
SECTION 2. Chapter 120, Local Government Code, is amended | ||
by adding Section 120.0001 to read as follows: | ||
Sec. 120.0001. DEFINITION. In this chapter, "prosecutor's | ||
office" means the office of a district attorney, a criminal | ||
district attorney, or a county attorney with criminal jurisdiction. | ||
SECTION 3. Sections 120.002(a) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Section 120.003, a county shall | ||
hold an election in accordance with this chapter if the county | ||
adopts a budget for a fiscal year that, compared to the budget | ||
adopted by the county for the preceding fiscal year: | ||
(1) reduces for either a law enforcement agency, | ||
excluding a 9-1-1 call center, with primary responsibility for | ||
policing, criminal investigation, and answering calls for service | ||
or for a prosecutor's office: | ||
(A) for a fiscal year in which the overall amount | ||
of the budget is equal to or greater than the amount for the | ||
preceding fiscal year, the appropriation to the agency or office; | ||
(B) for a fiscal year in which the overall amount | ||
of the budget is less than the amount for the preceding fiscal year, | ||
the appropriation to the agency or office as a percentage of the | ||
total budget; | ||
(C) as applicable: | ||
(i) if the county has not declined in | ||
population since the preceding fiscal year, the number of peace | ||
officer positions, excluding detention officer positions; or | ||
(ii) if the county has declined in | ||
population since the preceding fiscal year, the number of peace | ||
officer positions, excluding detention officer positions, the law | ||
enforcement agency is authorized to employ per 1,000 county | ||
residents; or | ||
(D) the amount of funding per peace officer for | ||
the recruitment and training of new peace officers to fill vacant | ||
and new peace officer positions in the agency; or | ||
(2) reallocates funding or resources to another law | ||
enforcement agency or prosecutor's office. | ||
(c) For purposes of this section, a county budget does not | ||
include: | ||
(1) a one-time extraordinary expense, as determined by | ||
the comptroller, that is outside the normal costs of operating a law | ||
enforcement agency or prosecutor's office, including purchasing a | ||
fleet of law enforcement vehicles or constructing an additional | ||
training academy; | ||
(2) revenues used to repay voter-approved bonded | ||
indebtedness incurred for a law enforcement or prosecutorial | ||
purpose; | ||
(3) detention officer compensation; or | ||
(4) a donation or state or federal grant to the | ||
county's law enforcement agency or prosecutor's office. | ||
SECTION 4. Section 120.007(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) Notwithstanding any other law, if the comptroller | ||
determines that a county implemented a proposed reduction or | ||
reallocation described by Section 120.002(a) without the required | ||
voter approval, the county may not adopt an ad valorem tax rate that | ||
exceeds the county's no-new-revenue tax rate until the earlier of: | ||
(1) the date the comptroller issues a written | ||
determination that the county has, as applicable: | ||
(A) reversed each funding reduction, adjusted | ||
for inflation, and personnel reduction that was a subject of the | ||
determination; or | ||
(B) restored all reallocated funding and | ||
resources that were subjects of the determination to the original | ||
law enforcement agency or prosecutor's office; or | ||
(2) the date on which each reduction and reallocation | ||
that was a subject of the determination has been approved in an | ||
election held in accordance with this chapter. | ||
SECTION 5. This Act takes effect January 1, 2024. |