SB330 - Relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors' offices.

      By: Huffman S.B. No. 330     (Oliverson)           A BILL TO BE ENTITLED   AN ACT   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 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, 2026.