Rural Law Enforcement GrantsSenate Bill (SB) 22

Senate Bill (SB) 22 was passed in the Texas 88th Regular Legislative Session. SB 22 establishes a grant program that will provide financial assistance to sheriff’s departments, constable’s offices and district and county attorney’s offices in eligible counties to ensure professional law enforcement and legal representation of the people’s interests throughout the state.

The new law provides supplemental salaries for different positions in rural areas. Eligible counties can apply for grant funds beginning Jan. 1, 2024, regardless of a particular county’s fiscal start-date. Eligible counties may apply electronically using the Comptroller office’s website beginning Jan. 1, 2024. In future years, counties and prosecutor’s offices will apply according to the start of their fiscal year.

Rules and Statutes

Rules

Statutes

Eligibility

SB 22 provides financial assistance to rural sheriff’s offices and constable’s offices in counties with populations of 300,000 or less. It also provides grants to rural prosecutor’s offices that serve a jurisdiction with an overall population of 300,000 or less. A qualified county or prosecutor’s office means the office meets these standards provided by the law.

For constable’s offices, if the constable is already making above the minimum annual salary of $45,000, the county is not eligible for grant funding to increase the salary.

If a county already pays the minimum salary levels for the sheriff, deputies and jailers, as detailed in Local Govt. Code Section 130.911 (e)(1), the county may still apply for the grant funds for the uses prescribed in Local Govt. Code Sections 130.911(e)(2)-(4).

The Comptroller’s office will use the federal decennial census as the source for the population counts (2020 census data). This will be clearly defined in the proposed rules.

Available Funds

For sheriff’s offices, a qualified county is eligible for the following grant amounts:

$250,000 if the county has a population of less than 10,000;
$350,000 if the county has a population of 10,000 or more and less than 50,000; or
$500,000 if the county has a population of 50,000 or more and 300,000 or less.

For constable’s offices, a county with a population of 300,000 or less must provide an annual salary of $45,000 to a qualified constable. The county must contribute at least 75 percent of the money required to meet the minimum annual salary. The other 25 percent will come from the grant money provided by SB 22.

For prosecutor’s offices, the Comptroller’s office will use the sum of the population in each county in the multi-county jurisdiction. A jurisdiction with a population of 300,000 or less is eligible for the following amounts for the prosecutor’s office:

$100,000 if the jurisdiction has a population of less than 10,000;
$175,000 if the jurisdiction has a population of 10,000 or more and less than 50,000; or,
$275,000 if the jurisdiction has a population of 50,000 or more and 300,000 or less.

Qualified Expenditures

Sheriff’s Office

Counties awarded money for sheriff’s offices must use the grant funds to:

provide a minimum annual salary of at least:

$75,000 for a county sheriff;
$45,000 for each deputy who makes motor vehicle stops in the routine performance of their duties;
$40,000 for each jailer whose duties include the safekeeping of prisoners and the security of a jail operated by the county;

increase the salary of county sheriffs, deputies who make motor vehicle stops in the routine performance of their duties and jailers whose duties include the safekeeping of prisoners and the security of a jail operated by the county;
hire additional deputies or staff for the sheriff ’s office; and,
purchase vehicles, firearms and safety equipment for the sheriff’s office.

Before it can authorize the use of the grant money for the other allowable expenses, the county must first use the grant money to meet the minimum annual salaries of the county sheriff, deputies who make motor vehicle stops in the routine performance of their duties and jailers whose duties include the safekeeping of prisoners and the security of a jail operated by the county. Counties may use grant funds to increase salaries for those listed in Local Govt. Code Section 130.911 130.911(e)(1) above the established minimum amounts stated.

If a sheriff holds dual offices in the county, the portion of the salary attributable to the sheriff’s duties must be increased to meet the minimum salary required in Local Government Code Section 130.911(e)(1).

If a sheriff’s office employs part-time employees or pays its employees hourly rather than salary wages, the office must pay an hourly wage that would be the equivalent of the minimum annual salary as per Section 130.911(e) of the Local Government Code.

Additionally, if a county uses grant funds to increase the salary of the county sheriff, deputy sheriff, jailer or any additional staff hired under Local Government Code Sections 130.911(e)(1), (2) or (3), grant funds may be spent for the associated benefits that are incremental to the increase in salary. Benefits that are not tied to the increase in salary, such as longevity pay, cannot be paid for with grant funding.

For the purposes of this section, the definition of jailer has the same meaning as “county jailer” under Texas Occupations Code, Section 1701.001(2).

Constable’s Office

Counties awarded money for constable’s offices may only use the grant funds to increase a constable’s salary to a minimum annual salary of $45,000.

If a county uses grant funds to increase the salary of a constable under Local Government Code Section 130.912(e), grant funds may be spent for the associated benefits that are incremental to the increase in salary. Benefits that are not tied to the increase in salary, such as longevity pay, cannot be paid for with grant funding.

Prosecutor’s Office

A prosecutor’s office that is awarded grant funds from SB 22 must use the grant money to:

increase the salary of an assistant attorney, an investigator or a victim assistance coordinator employed at the office; or,
hire additional staff for the office.

If a rural prosecutor’s office uses grant funds to increase the salary of an assistant attorney, investigator, a victim assistance coordinator or any additional staff hired under Local Government Code Sections 130.913(e)(1) or (2), grant funds may be spent for the associated benefits that are incremental to the increase in salary. Benefits that are not tied to the increase in salary, such as longevity pay, cannot be paid for with grant funding.

Application Deadlines

According to SB 22, qualified counties and prosecutor’s offices must apply not later than 30 days from the first day of their fiscal year. However, for only the first-year program implementation, all eligible counties will be eligible to apply for grant funds beginning Jan. 1, 2024, regardless of a particular county’s fiscal start date. If a county has encumbered funds for fiscal 2024 salaries before the first application date of Jan. 1, 2024, the county will be able to backfill its budgeted funds over the months leading up to application using the grant funds. Therefore, it will be up to the county whether to adjust law enforcement salaries at the start of its fiscal year or to wait until grant funds are awarded to the county to adjust salaries. The fiscal 2024 deadline for all qualified counties and prosecutor’s office, if their fiscal year starts before Jan. 1, 2024, is 30 days after the application is available on Jan. 1, 2024.

After the first year of the program, a qualified county or prosecutor’s office must apply for the grant not more than 30 days after the first day of its fiscal year. If they fail to apply timely, by law the Comptroller’s office cannot accept their application and the qualified county or prosecutor’s office will have to wait until its next fiscal year to apply.

Frequently Asked Questions

Some counties are concerned with the timing between the rules and their budget deadlines for fiscal 2024 and fear missing out on the grant because it will be too late to apply when they submit their budgets. What guidance is available for these counties?

The Comptroller’s office is aware of these concerns and is committed to ensuring this program offers rural law enforcement and county governments the flexibility needed to take full advantage of these resources. Due to the timing of county fiscal year start dates, the Comptroller will allow all eligible entities to apply for grant funds beginning Jan. 1, 2024. For those entities with fiscal years beginning earlier than Jan. 1, 2024, they may either increase the salaries at the beginning of their fiscal year paid out of their general funds and “backfill” later with grant funds or make the pay increases effective when the grant funds are delivered from the Comptroller.

When must the grant funds be spent?

Any grant funds awarded must be spent within the fiscal year in which the funds were received. Any unspent funds or unauthorized use of funds must be returned to the Comptroller’s office.

What is required to apply for the grant?

For grants to a qualified sheriff’s office, the county must apply for the grant using the Comptroller’s electronic form. Each county will provide:

name of the county;
contact information for the person filling out the form;
mailing address for the county office;
the county’s Tax Identification Number (TIN); and,
an electronic certification that the county will not reduce the amounts of funds provided to the sheriff’s office because of the grant funds provided under Local Government Code Section 130.911.

For grants to a qualified constable’s office, the county must apply for the grant using the Comptroller’s electronic form. Each county will provide:

name of the county;
contact information for the person filling out the form;
mailing address for the county office;
the county’s Tax Identification Number (TIN);
an electronic certification that the county will not reduce the amounts of funds provided to the constable’s office because of the grant funds provided under Local Government Code Section 130.912; and,
an electronic certification that the qualified constable primarily makes motor vehicle stops in the duties of their job.

For grants to a qualified prosecutor’s office, the qualified prosecutor’s office must apply for the grant using the Comptroller’s electronic form. Each county will provide:

name of the county;
contact information for the person filling out the form;
mailing address for the prosecutor’s office;
the county’s Tax Identification Number (TIN); and,
an electronic certification that the county will not reduce the amounts of funds provided to the prosecutor’s office because of the grant funds provided under Local Government Code Section 130.913.

Additional information may be required and will be clearly identified on the application. The Comptroller’s office will provide technical support and guidance to potential grantees to aid in understanding the program rules and application process.

How will the Comptroller’s office ensure offices are complying with the law?

Each grantee will enter into an agreement with the Comptroller’s office to receive its grant allocation. The Comptroller’s office intends to make a sample grant agreement available for review after the program rules are adopted.

Annual compliance documentation must be submitted each year for review by the Comptroller’s office. Upon determination that the funds were spent according to statute, the county or prosecutor’s office will be eligible to apply for a grant for the next fiscal year. If any spent funds were not authorized by statute, the funds must be returned to the Comptroller’s office within 30 days of receipt of notification from the Comptroller.

The Comptroller’s office anticipates that it will require separate accounting of the grant funding to prevent comingling of grant funds and county funds.

How will the funds be distributed?

The Comptroller’s office will disburse funds to counties on a yearly basis, rather than monthly. The Comptroller’s office will distribute the funds electronically to the county for each grant that was applied for and approved. The Comptroller’s office intends to distribute grant funds for a multi-county jurisdiction to the county designated by the prosecutor’s office in the grant application.

Contact us with questions about the SB22 program.

Need Help?

For additional information, contact the Data Analysis and Transparency Division via email or at 844-519-5672.

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