Bill Text: TX HB180 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the appointment by the governor of a conservator of certain counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-19 - Filed [HB180 Detail]
Download: Texas-2023-HB180-Introduced.html
| By: Toth | H.B. No. 180 | |
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| relating to the appointment by the governor of a conservator of | ||
| certain counties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 4, Government Code, is amended | ||
| by adding Chapter 426 to read as follows: | ||
| CHAPTER 426. CONSERVATORSHIP OF COUNTIES | ||
| Sec. 426.001. DEFINITIONS. In this chapter: | ||
| (1) "County law enforcement agency" means the | ||
| sheriff's office or constable's office of a county. | ||
| (2) "Criminal justice information system" has the | ||
| meaning assigned by Article 66.001, Code of Criminal Procedure. | ||
| (3) "Department" means the Department of Public Safety | ||
| of the State of Texas. | ||
| Sec. 426.002. REVIEW OF CRIMINAL ACTIVITY IN COUNTY; | ||
| ACTION. The department shall review the information in the criminal | ||
| justice information system to determine whether there has been a | ||
| significant increase in criminal activity in a county of this | ||
| state. If the department determines that a significant increase in | ||
| criminal activity in a county poses a threat to public safety for | ||
| residents of this state, the department shall: | ||
| (1) notify the governor of the threat to public safety | ||
| for residents of this state; | ||
| (2) work with the county commissioners court and | ||
| county law enforcement agencies to reduce the criminal activity in | ||
| the county, including increasing the number of department personnel | ||
| in the county; and | ||
| (3) notify the county commissioners court and county | ||
| law enforcement agencies that failure to reduce criminal activity | ||
| in the county may result in a law enforcement agency being placed in | ||
| state conservatorship. | ||
| Sec. 426.003. APPOINTMENT OF CONSERVATOR. (a) If the | ||
| county commissioners court or any county law enforcement agency | ||
| does not cooperate with the department to implement measures to | ||
| reduce criminal activity in the county, the department shall notify | ||
| the governor of the failure to cooperate and may recommend that the | ||
| governor appoint a conservator for the county law enforcement | ||
| agency. | ||
| (b) After receipt of a notice under Subsection (a), the | ||
| governor by proclamation may appoint a conservator, in accordance | ||
| with the recommendation, to act as conservator of the county law | ||
| enforcement agency. | ||
| (c) To be eligible for appointment as a conservator, a | ||
| person must be qualified, by experience or education, in law | ||
| enforcement. | ||
| (d) Except as otherwise provided by this chapter, a | ||
| conservator shall act as conservator of a county law enforcement | ||
| agency in the manner provided by Chapter 2104 for conservatorship | ||
| of state agencies by a conservator. | ||
| Sec. 426.004. ASSUMPTION OF POLICY FUNCTIONS. The | ||
| conservator appointed by the governor under Section 426.003 shall | ||
| assume all the powers and duties of the officers responsible for | ||
| policy direction of the county law enforcement agency that is the | ||
| subject of the proclamation, and those officers may not act unless | ||
| authorized by the conservator. | ||
| Sec. 426.005. DURATION OF CONSERVATORSHIP. A | ||
| conservatorship of a county law enforcement agency under this | ||
| chapter continues until the earlier of: | ||
| (1) the governor's issuing of a proclamation declaring | ||
| that criminal activity in the county no longer justifies the need | ||
| for a conservatorship and that the conservatorship is dissolved; or | ||
| (2) the department's finding and certifying to the | ||
| governor that the criminal activity in the county no longer | ||
| requires the conservatorship, in which case the conservatorship is | ||
| dissolved. | ||
| SECTION 2. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
