Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 5,997
5985-6306 p. ; 28 cm.View a full description of this periodical.
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PROPOSED
Proposed rules include new rules, amendments to existing rules, and repeals of existing rules.
ULES A state agency shall give at least 30 days' notice of its intention to adopt a rule before it
adopts the rule. A state agency shall give all interested persons a reasonable opportunity to
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [S]
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be
amended.TITLE 1. ADMINISTRATION
PART 1. OFFICE OF THE GOVERNOR
CHAPTER 3. PUBLIC SAFETY OFFICE
SUBCHAPTER J. DETERMINATION OF
DEFUNDING MUNICIPALITIES
1 TAC 3.9401 - 3.9407
The Office of the Governor ("OOG") proposes changes to 1
Texas Administrative Code Chapter 3. The OOG proposes new
Subchapter J, 3.9401 - 3.9407, concerning the Determination
of Defunding Municipalities.
BACKGROUND AND PURPOSE
The Public Safety Office ("PSO") of the OOG is responsible for
determining whether a municipality is a defunding municipality,
deciding whether to approve a municipality's proposed reduction
to the appropriation to the municipality's police department for
certain specified reasons that except a municipality from being
considered a defunding municipality, and terminating a defund-
ing determination upon finding that the defunding municipality
has reversed the unapproved reduction. The establishment of
these functions are governed by Chapter 109 of the Texas Local
Government Code, which was added by the 87th Legislature,
Regular Session, in House Bill 1900 (HB 1900). The primary
purposes of the new subchapter are to provide guidance to mu-
nicipalities that seek an exception for a reduction to the appro-
priation to the municipality's police department, to establish the
criteria used to approve such proposed reductions, and to for-
malize the practices the Division follows when reviewing appli-
cable budgets or complaints.
SECTION-BY-SECTION SUMMARY
Proposed new 3.9401 establishes the applicability of new Sub-
chapter J.
Proposed new 3.9402 defines certain terms used in new Sub-
chapter J.
Proposed new 3.9403 addresses the PSO review process for
municipal budgets.
Proposed new 3.9404 explains the procedure for submitting an
application for PSO approval of a proposed reduction of the ap-
propriated budget for a municipality's police department.
Proposed 3.9405 states the review procedure and criteria used
by PSO in deciding whether to approve a reduction under this
exception.
Proposed 3.9406 establishes practices PSO will use to issue
written determinations establishing a defunding municipality.Proposed 3.9407 provides guidance regarding the PSO's ter-
mination of an issued defunding determination.
FISCAL NOTE
Aimee Snoddy, Executive Director, Public Safety Office, has de-
termined that during each year of the first five years in which
the new subchapter is in effect, there will be no expected fiscal
impact on state government as a result of administering the pro-
posed rules.
The proposed rules will have a negative fiscal impact on local
governments where a municipality has taken an action for which
the municipality has been determined to be a defunding munici-
pality. Adverse impacts include loss of revenue from disannexed
areas, tax rate restrictions, and limitations on fees or rates es-
tablished by municipally owned utilities.
Ms. Snoddy does not anticipate any measureable effect on local
employment or the local economy as a result of administering the
proposed new subchapter.
PUBLIC BENEFIT AND COSTS
Ms. Snoddy has also determined that during each year of the
first five years in which the proposed new subchapter is in effect,
the public benefits anticipated as a result of the new subchapter
will be to implement the statutory changes made by HB 1900, in-
cluding ensuring that municipalities do not defund or reduce law
enforcement budgets without a granted basis, and to standardize
and provide notice of the requirements and practices regarding
the issuance of notice for a defunding municipality.
Ms. Snoddy has determined there are no measurable antici-
pated economic costs to persons required to comply with the
proposed new subchapter.
There will be no adverse economic effect on small businesses,
micro-businesses, or rural communities, therefore, preparation
of an Economic Impact Statement and a Regulatory Flexibility
Analysis, as detailed under Texas Government Code 2006.002,
is not required.
GOVERNMENT GROWTH IMPACT STATEMENT
Ms. Snoddy has determined that during each year of the first
five years in which the proposed new subchapter is in effect, the
new subchapter:
1) will not create or eliminate a government program;
2) will not require the creation of new employee positions or the
elimination of existing employee positions;
3) will not require an increase or decrease in future legislative
appropriations to the OOG;
4) will not require an increase or decrease in fees paid to the
OOG;PROPOSED RULES September 17, 2021 46 TexReg 5997
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/15/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.