A county must hold an election before reducing or reallocating certain law enforcement budget items, and it cannot implement the change until voters approve it.
Sec. 120.002. ELECTION REQUIRED. (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: (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; (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 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. (a-1) This subsection applies only to a county with a population of more than 3.3 million. A county shall hold an election in accordance with this chapter if the county adopts a budget or changes an adopted budget resulting in a budget for a fiscal year that, compared to the budget adopted by the county for the preceding fiscal year: (1) has an effect described by Subsection (a); (2) reallocates unspent funding that was appropriated to a law enforcement agency; or (3) reallocates funding previously appropriated for a specific law enforcement position to another agency. (b) A county may not implement a proposed reduction or reallocation described by Subsection (a) or (a-1) until the county receives voter approval for the proposed reduction or reallocation at an election held for that purpose. The county may, at any time, order the election to be held on the 30th day after the date the county orders the election. Section 41.001, Election Code, does not apply to an election under this subsection. (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, 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 purpose; (3) detention officer compensation; or (4) a donation or state or federal grant to the county's law enforcement agency. Added by Acts 2021, 87th Leg., R.S., Ch. 201 (S.B. 23), Sec. 1, eff. January 1, 2022. Amended by: Acts 2025, 89th Leg., 2nd C.S., Ch. 13 (H.B. 192), Sec. 1, eff. December 4, 2025.