89th Legislature

HB 336

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 336 relates to the contractual authority of sheriffs and constables in counties with populations of 3.3 million or more—currently applicable only to Harris County. The bill permits these law enforcement officers to enter into private contracts to provide law enforcement services to individuals, local governments, businesses, property owners’ associations, and subdivision landowners within their jurisdiction. These services may be provided in or near properties owned, leased, or managed by the contracting party, and for the benefit of residents or visitors in those areas.

Critically, the bill restricts county commissioners courts from prohibiting or limiting this contracting authority or interfering with the contract terms. It also includes provisions to protect the financial autonomy of sheriffs and constables, stipulating that any money received from such contracts must be credited directly to their offices and not diverted to the county’s general revenue fund. Furthermore, the bill prohibits counties from reducing baseline appropriations to these offices as a result of funds received through private contracts, ensuring that contracted funds supplement rather than supplant public funding.

The legislation aims to promote greater flexibility and responsiveness in law enforcement by enabling partnerships between public officers and private or quasi-public entities. It also establishes legal boundaries that shield sheriffs and constables from political or fiscal retaliation by the commissioners court for exercising this authority.

The Committee Substitute for HB 336 introduces several key changes from the originally filed version, reflecting a more targeted and expansive approach in certain areas while narrowing its geographic applicability. Most notably, the substitute increases the population threshold required for the bill’s application—from counties with 1 million or more residents to only those with 3.3 million or more. This effectively limits the bill’s reach to Harris County alone, excluding other large counties such as Dallas, Tarrant, Bexar, and Travis from its provisions.

Another important change lies in the expansion of entities authorized to contract with sheriffs and constables. While the original version limited contracts to property owners' associations and subdivision landowners, the substitute broadens eligibility to include individuals, businesses, local governments, and special purpose districts. This revision significantly enhances the flexibility of law enforcement agencies to partner with a wider range of public and private stakeholders to provide targeted security services.

Additionally, the financial protections for sheriffs' and constables' offices are refined in the substitute. Although the original bill prohibited the redirection or reduction of funds due to revenue from contracts, the committee substitute strengthens this by expressly mandating that such funds be credited directly to the appropriate office and counted toward its annual appropriation. The substitute also incorporates statutory references that clarify definitions and implementation, making the bill more precise in legal terms.

In summary, while the substitute scales back the bill’s geographical reach, it simultaneously enhances its operational scope and fiscal protections. These changes likely reflect a compromise intended to pilot the policy in Texas’s largest county while addressing concerns about local autonomy and revenue stability for law enforcement agencies.
Author
Michael Schofield
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 336 are primarily localized and are not expected to have any financial impact on the state budget. According to the Legislative Budget Board's fiscal note, no state-level expenditures or revenues are affected by the bill's provisions. This is consistent with the bill’s design, which delegates authority at the county level—specifically in counties with populations of 3.3 million or more, which currently applies only to Harris County.

At the local level, however, the bill may have financial implications for sheriff and constable offices that choose to enter into contracts for law enforcement services. These offices could see increased revenue from private or quasi-public entities—such as property owners’ associations or special districts—willing to pay for supplemental policing. This income would be credited directly to the respective law enforcement office and, under the bill, must not be transferred to the county’s general revenue fund or used as justification to reduce the office’s base appropriation.

Thus, the fiscal impact for local governments—particularly Harris County—is dependent on whether and how these contracts are pursued. If utilized effectively, the bill could create a new revenue stream for law enforcement agencies without raising taxes or diverting funds from general operations. Conversely, administrative or operational adjustments may be needed to manage and deploy contract-based services, but those would be discretionary and likely offset by the contract payments themselves.

Vote Recommendation Notes

HB 336 supports core liberty principles by enhancing local control, limiting centralized county interference, and empowering elected law enforcement officers to respond more directly to community needs. The bill allows sheriffs and constables in Harris County to enter into contracts with residents, businesses, local governments, or property owners' associations to provide law enforcement services within the county. These agreements are voluntary and enable targeted security support, especially in unincorporated or underserved areas. Importantly, the bill prohibits the county commissioners court from interfering with these contracts or reducing baseline funding for these offices based on revenue from them.

This bill does not expand the size or scope of government in any structural way—it does not create new agencies or impose new regulatory frameworks. Rather, it reallocates authority within existing local government, giving more operational independence to elected law enforcement officers. Additionally, it places fiscal guardrails to ensure that contract revenue remains within the sheriff’s or constable’s office and cannot be diverted or used to justify budget cuts. These provisions are designed to preserve fiscal integrity and operational stability.

There is no increased burden on taxpayers. The bill involves only private or intergovernmental contracts, paid for by those who voluntarily seek additional law enforcement services. There is also no increase in regulatory requirements for individuals or businesses; the bill does not mandate any action but instead creates an optional pathway for enhanced public safety services.

In summary, HB 336 upholds the principles of limited government, local autonomy, and voluntary cooperation without raising taxes, growing bureaucracy, or adding new regulations. It is a narrowly tailored measure that empowers communities and law enforcement to work more directly together, making it a liberty-affirming and fiscally responsible policy. As such, Texas Policy Research recommends that lawmakers vote YES on HB 336.

  • Individual Liberty: The bill empowers individuals, property owners, and communities to seek law enforcement services tailored to their specific safety needs. By removing bureaucratic barriers and political interference from the commissioners court, residents and businesses in Harris County can voluntarily engage sheriffs or constables for local patrols—enhancing their ability to protect life and property on their own terms.
  • Personal Responsibility: The bill allows local communities—particularly in unincorporated or underserved areas—to take initiative and assume responsibility for their own security through lawful contracts. Rather than rely solely on general county services, residents and private entities can invest directly in supplemental law enforcement support when needed.
  • Free Enterprise: Although it pertains to public law enforcement, the bill introduces market-style voluntary contracting. Sheriffs and constables can offer services in exchange for payment under agreed-upon terms, creating a responsive model that rewards demand-driven service delivery without imposing mandates or fees on those not participating.
  • Private Property Rights: By allowing owners of land or representatives of subdivisions to contract for security near or on their property, the bill affirms the right of property owners to take measures to protect and manage their property. This reinforces the foundational concept that individuals should be free to safeguard what they own, especially when public resources may be limited or spread thin.
  • Limited Government: Perhaps most significantly, the bill restrains centralized authority by preventing county commissioners courts from restricting or manipulating sheriff or constable contracts and budgets. It keeps tax dollars within the intended office and blocks attempts to penalize these departments for generating supplemental revenue. This reflects a core tenet of limited government: preventing political overreach into functions better handled at the lowest level of government.
View Bill Text and Status