89R17671 MZM-F
 
  By: Guillen, Morales of Maverick, et al. H.B. No. 318
 
  Substitute the following for H.B. No. 318:
 
  By:  Bell of Montgomery C.S.H.B. No. 318
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of grant programs to provide
  financial assistance to qualified sheriff's departments in certain
  rural counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 130, Local Government
  Code, is amended by adding Sections 130.9115 and 130.9116 to read as
  follows:
         Sec. 130.9115.  RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF GRANT
  PROGRAM.  (a)  In this section:
               (1)  "Deputy-to-resident ratio" means the ratio of the
  number of deputy sheriffs to the number of residents of the
  unincorporated areas of the county, as determined by the population
  estimates provided by the state demographer under Section 468.004,
  Government Code.
               (2)  "Grant" means a grant authorized to be awarded by
  the comptroller under the rural sheriff's deputy shortage relief
  grant program established by this section.
               (3)  "Qualified county" means a county:
                     (A)  with a population of 300,000 or less; and
                     (B)  for which on January 1, 2025, the
  deputy-to-resident ratio is less than 15 to 10,000.
               (4)  "Qualified deputy position" means a deputy sheriff
  position in a qualified county that:
                     (A)  is held or will be held by a deputy sheriff
  who makes motor vehicle stops in the routine performance of the
  deputy's duties;
                     (B)  is in addition to a deputy sheriff position
  held in the county on January 1, 2025; and
                     (C)  when aggregated with each other qualified
  deputy position would result in a deputy-to-resident ratio of 15 to
  10,000, determined as of January 1, 2025.
               (5)  "Qualified emergency dispatcher" means a person
  who provides communication support services for a sheriff's office
  by responding to requests for assistance in emergencies.
               (6)  "Qualified investigator position" has the meaning
  assigned by Section 130.9116.
         (b)  The comptroller shall establish and administer the
  rural sheriff's deputy shortage relief grant program to support the
  state purpose of ensuring professional law enforcement throughout
  the state by providing financial assistance to sheriff's
  departments in qualified counties.
         (c)  Not later than the 30th day after the first day of a
  qualified county's fiscal year, the county may submit an
  application for a grant to the comptroller. The county must
  indicate in the application the number of qualified deputy
  positions the county is requesting for inclusion in the
  determination of the amount of the grant for that fiscal year and
  the number for which the county is requesting additional funds
  described by Subsection (d)(2). A county may submit only one
  application each fiscal year.
         (d)  Subject to Subsections (e), (f), and (j), the
  comptroller shall award a grant to a qualified county that applies
  for the grant using money appropriated to the comptroller for that
  purpose. The grant must be in the following amount:
               (1)  $50,000 for each qualified deputy position
  indicated by the county in the application for that fiscal year;
               (2)  an additional $50,000 for each qualified deputy
  position indicated in the application for that fiscal year, unless
  the county has received a grant under this subdivision for that
  position in a preceding fiscal year;
               (3)  $50,000 for each qualified investigator position
  indicated by the county in the application for that fiscal year
  necessary for an investigator-to-patrol ratio, as defined by
  Section 130.9116, of one to five after filling the qualified deputy
  positions under the grant; and
               (4)  $35,000 for each qualified emergency dispatcher
  indicated by the county in the application for that fiscal year.
         (e)  This subsection applies only to a fiscal year of a
  qualified county that meets the deputy-to-resident ratio described
  by Subsection (a)(4)(C) during a calendar year that begins on or
  after January 1, 2025, but before the calendar year in which the
  fiscal year begins. A qualified county is not eligible to receive a
  grant under this section for a fiscal year unless the county adopts
  a budget for the fiscal year that provides for the employment of a
  number of deputy sheriffs necessary to meet the deputy-to-resident
  ratio of at least 15 to 10,000, determined as of January 1 of the
  calendar year in which the fiscal year begins.
         (f)  This subsection applies only to a fiscal year of a
  qualified county for which the number of qualified deputy positions
  the county is otherwise entitled to receive a grant for under this
  section is greater than the number of qualified deputy positions
  the county would be entitled to receive a grant for under this
  section if the deputy-to-resident ratio described by Subsection
  (a)(4)(C) is determined as of January 1 of the calendar year in
  which the fiscal year begins instead of January 1, 2025. A
  qualified county is entitled to receive a grant under this section
  only for the number of qualified deputy positions the county would
  be entitled to receive a grant for if the deputy-to-resident ratio
  described by Subsection (a)(4)(C) is determined as of January 1 of
  the calendar year in which the fiscal year begins instead of January
  1, 2025.
         (g)  A county that is awarded a grant shall use or authorize
  the use of the grant money only:
               (1)  to provide to each deputy sheriff who fills a
  qualified deputy position a minimum annual salary of at least
  $45,000;
               (2)  to provide to each deputy sheriff who fills a
  qualified investigator position a minimum annual salary of at least
  $45,000;
               (3)  to provide to each dispatcher who fills a
  qualified emergency dispatcher position a minimum annual salary of
  at least $30,000; and
               (4)  to purchase vehicles, firearms, and safety
  equipment for the use of a deputy sheriff who fills a qualified
  deputy position.
         (h)  A county that is awarded a grant may not use or authorize
  the use of the grant money for a purpose other than prescribed by
  Subsection (g)(1) until that requirement is satisfied.
         (i)  A county that is awarded a grant may not reduce the
  sheriff's department budget for the county's fiscal year following
  the fiscal year in which the comptroller awards the grant.
         (j)  The total dollar amount awarded under this section may
  not exceed $100 million in a state fiscal year.  If the total dollar
  amount of grants to which counties are entitled under this section
  exceeds the limitation under this subsection in a state fiscal
  year, the comptroller shall proportionally reduce the amount of
  each grant awarded so the limitation is not exceeded.
         (k)  The comptroller shall adopt rules necessary to
  implement this section, including rules that establish:
               (1)  a standardized application process, including the
  form to be used to apply for a grant and the manner of submitting the
  form;
               (2)  deadlines for:
                     (A)  applying for the grant;
                     (B)  disbursement of grant money; and
                     (C)  spending grant money;
               (3)  procedures for:
                     (A)  monitoring the disbursement of grant money to
  ensure compliance with this section; and
                     (B)  the return of grant money that was not used by
  a county for a purpose authorized by this section; and
               (4)  standards to determine if an emergency dispatcher
  is a qualified emergency dispatcher.
         Sec. 130.9116.  RURAL SHERIFF'S INVESTIGATOR SHORTAGE
  RELIEF GRANT PROGRAM.  (a) In this section:
               (1)  "Grant" means a grant authorized to be awarded by
  the comptroller under the rural sheriff's investigator shortage
  relief grant program established by this section.
               (2)  "Investigator-to-patrol ratio" means the ratio of
  the number of deputy sheriffs who conduct case investigations in
  the routine performance of deputy duties to the number of deputy
  sheriffs who make motor vehicle stops in the routine performance of
  deputy duties.
               (3)  "Qualified county" means a county:
                     (A)  with a population of 300,000 or less; and
                     (B)  for which on January 1, 2025, the
  investigator-to-patrol ratio is less than one to five.
               (4)  "Qualified investigative support staff member"
  means a person who provides technical support services for a
  qualified investigator in the investigation of an offense,
  including a person who provides evidence testing or analysis
  services.
               (5)  "Qualified investigator position" means a deputy
  sheriff position in a qualified county that:
                     (A)  is held or will be held by a deputy sheriff
  who conducts case investigations in the routine performance of the
  deputy's duties;
                     (B)  is in addition to a deputy sheriff position
  held in the county on January 1, 2025; and
                     (C)  when aggregated with each other qualified
  investigator position would result in an investigator-to-patrol
  ratio of one to five, determined as of January 1, 2025.
         (b)  The comptroller shall establish and administer the
  rural sheriff's investigator shortage relief grant program to
  support the state purpose of ensuring professional law enforcement
  throughout the state by providing financial assistance to sheriff's
  departments in qualified counties.
         (c)  Not later than the 30th day after the first day of a
  qualified county's fiscal year, the county may submit an
  application for a grant to the comptroller. The county must
  indicate in the application the number of qualified investigator
  positions the county is requesting for inclusion in the
  determination of the amount of the grant for that fiscal year and
  the number for which the county is requesting additional funds
  described by Subsection (d)(2). A county may submit only one
  application each fiscal year.
         (d)  Subject to Subsections (e), (f), and (j), the
  comptroller shall award a grant to a qualified county that applies
  for the grant using money appropriated to the comptroller for that
  purpose. The grant must be in the following amount:
               (1)  $50,000 for each qualified investigator position
  indicated by the county in the application for that fiscal year;
               (2)  an additional $50,000 for each qualified
  investigator position indicated in the application for that fiscal
  year, unless the county has received a grant under this subdivision
  for that position in a preceding fiscal year; and
               (3)  $35,000 for each qualified investigative support
  staff member indicated by the county in the application for that
  fiscal year.
         (e)  This subsection applies only to a fiscal year of a
  qualified county that meets the investigator-to-patrol ratio
  described by Subsection (a)(5)(C) during a calendar year that
  begins on or after January 1, 2025, but before the calendar year in
  which the fiscal year begins. A qualified county is not eligible to
  receive a grant under this section for a fiscal year unless the
  county adopts a budget for the fiscal year that provides for the
  employment of a number of deputy sheriffs necessary to meet the
  investigator-to-patrol ratio of at least one to five, determined as
  of January 1 of the calendar year in which the fiscal year begins.
         (f)  This subsection applies only to a fiscal year of a
  qualified county for which the number of qualified investigator
  positions the county is otherwise entitled to receive a grant for
  under this section is greater than the number of qualified
  investigator positions the county would be entitled to receive a
  grant for under this section if the investigator-to-patrol ratio
  described by Subsection (a)(5)(C) is determined as of January 1 of
  the calendar year in which the fiscal year begins instead of January
  1, 2025. A qualified county is entitled to receive a grant under
  this section only for the number of qualified investigator
  positions the county would be entitled to receive a grant for if the
  investigator-to-patrol ratio described by Subsection (a)(5)(C) is
  determined as of January 1 of the calendar year in which the fiscal
  year begins instead of January 1, 2025.
         (g)  A county that is awarded a grant shall use or authorize
  the use of the grant money only:
               (1)  to provide to each deputy sheriff who fills a
  qualified investigator position a minimum annual salary of at least
  $45,000;
               (2)  to provide to each investigative support staff
  member who fills a qualified investigative support staff position a
  minimum annual salary of at least $30,000; and
               (3)  to purchase vehicles, firearms, investigative
  tools, and safety equipment for the use of a deputy sheriff who
  fills a qualified investigator position.
         (h)  A county that is awarded a grant may not use or authorize
  the use of the grant money for a purpose other than prescribed by
  Subsection (g)(1) until that requirement is satisfied.
         (i)  A county that is awarded a grant may not reduce the
  sheriff's department budget for the county's fiscal year following
  the fiscal year in which the comptroller awards the grant.
         (j)  The total dollar amount awarded under this section may
  not exceed $50 million in a state fiscal year. If the total dollar
  amount of grants to which counties are entitled under this section
  exceeds the limitation under this subsection in a state fiscal
  year, the comptroller shall proportionally reduce the amount of
  each grant awarded so the limitation is not exceeded.
         (k)  The comptroller shall adopt rules necessary to
  implement this section, including rules that establish:
               (1)  a standardized application process, including the
  form to be used to apply for a grant and the manner of submitting the
  form;
               (2)  deadlines for:
                     (A)  applying for the grant;
                     (B)  disbursement of grant money; and
                     (C)  spending grant money;
               (3)  procedures for:
                     (A)  monitoring the disbursement of grant money to
  ensure compliance with this section; and
                     (B)  the return of grant money that was not used by
  a county for a purpose authorized by this section; and
               (4)  standards to determine if an investigative support
  staff member is a qualified investigative support staff member.
         SECTION 2.  A qualified county, as defined by Section
  130.9115, Local Government Code, as added by this Act, may not apply
  for a grant under that section before January 1, 2026.
         SECTION 3.  A qualified county, as defined by Section
  130.9116, Local Government Code, as added by this Act, may not apply
  for a grant under that section before January 1, 2026.
         SECTION 4.  Not later than January 1, 2026, the comptroller
  of public accounts shall comply with the requirements of Sections
  130.9115 and 130.9116, Local Government Code, as added by this Act.
         SECTION 5.  This Act takes effect September 1, 2025.