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After Gov. Greg Abbott signed HB 1900 this past June, the state has now adopted the new Texas Administrative Codes that will curb municipalities from defunding their police departments.
Governor Greg Abbott announced the adoption of new Texas Administrative Code rules by the Office of the Governor's Public Safety Office (PSO) to prevent municipalities from defunding their police forces.
These new pro-law-enforcement requirements, established by House Bill 1900 during the 87th Legislature, were signed into law by Abbott in June 2021. The governor made preventing cities from defunding police an emergency item during the regular session of the 87th Legislature.
Under the new law, if a city funds its law enforcement to a lower level than previously, it can lose its right to raise property taxes more than the year before and could be outlawed from raising public utility rates or annexing new land. Additionally, the state could hold back sales tax revenue for cities that cut their police budgets and reappropriate that money to the Texas Department of Public Safety.
Abbott started calling for lawmakers to pass a bill like HB 1900 last summer, the same day Austin cut its police budget by $20 million and moved another $80 million to services outside of law enforcement. There was an uptick in crime following the Austin Police Department defunding, according to monthly reports, with 55% more homicides than the same time last year, and 20% more aggravated assaults.
Under House Bill 1900, if the Governor’s PSO determines a city has defunded its police department, the city will be subject to tax rate limitations, lose access to certain tax revenues, and be subject to other budgetary requirements and limitations. When the city demonstrates it has reversed the reductions, the PSO may reverse its defunding determination and the city will no longer be subject to those limitations, reductions, and requirements—unless it defunds its police again.
"Texas remains a law-andorder state and we continue to make it abundantly clear that we support our law enforcement officers who put their lives on the line every day to keep communities safe," said Abbott. "My office’s adoption of these new rules will prevent cities from making reckless and downright dangerous decisions to defund the police, ensuring a safer future for Texans all across the Lone Star State."
These new rules will be published in the Texas Register later this month.
Included in the Title 1 Administration, Part 1 Officer of Governor, Chapter 3 Public Safety Office, Subchapter J Determination of Defunding Municipalities:
-Definitions of budgets applying to a municipality with a population of more 250,000 people, a budget to cover the proposed expenditures of the municipal government for the succeeding year, a regular police department, Public Safety Office (PSO) which includes the Criminal Justice Division of the Office of the Governor.
-Review process for municipal budgets. The PSO shall conduct an annual budget review of all municipalities with a population of more than 250,000 following each fiscal year beginning on or after Sept. 1, 2021, to determine whether the municipality potentially qualifies as a defunding municipality because it reduced its appropriation to the municipality’s police department in comparison to its preceding fiscal year.
The PSO shall derive the population of municipalities of this state from the most recent census provided by the United States Census Bureau. The annual review on data collected from the municipality’s publicly available budget, including data published and provided by the municipality under Chapter 102, Texas Local Government Code, and law enforcement agency budget office data.
To receive an exception for certain budget reductions, a municipality must submit an application provided to the PSO to request an exception from being considered a defunding municipality due to a reduction to the appropriation to the municipality’s police department as set forth in Section 109.004(a)(2), Local Government Code. An application submitted under this section must be submitted by either the mayor or city manager of the applying municipality with all necessary documentation and sent via certified mail to the PSO and postmarked no later than 45 calendar days prior to the formal adoption of the proposed budget.
The PSO will decide on granting the exception within 30 calendar days after it receives the application. The PSO shall not grant an exception under this section after a municipality has adopted a budget for the fiscal year for which it seeks an exception.
The PSO’s decision whether to grant approval for a reduction to the appropriation to a municipality’s police department shall be based on the municipality’s capital expenditures related to law enforcement during the preceding fiscal year; the municipality’s response to a state of disaster declared under Section 418.014, and any additional factors relevant to the application.
Included in these factors are those that effect on public safety; change in peace officer response times; and change in peace officer to population ratios.
Should the PSO determine a municipality has defunded its police department, the PSO will issue a written determination to the municipality and send the determination to the Texas Comptroller of Public Accounts and, to the extent applicable to the following officeholders or executive staff of the designated municipality including the mayor, city manager and all city council members.
A defunding determination issued by the PSO may be terminated if the defunding municipality has reversed the reduction in appropriation to the municipality’s police department and a termination of a defunding determination shall be issued in writing.
Decisions concerning a termination of a defunding determination will be made at the time of the annual review conducted by the PSO, unless a municipality submits a separate request and supporting documentation earlier.