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Senate approves bill letting sheriffs, constables contract independently in some counties; amendment to shift settlement costs fails

August 27, 2025 | Senate, Legislative, Texas


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Senate approves bill letting sheriffs, constables contract independently in some counties; amendment to shift settlement costs fails
The Texas Senate passed House Bill 26 on Aug. 27 to codify an existing program that permits a county sheriff or constable to enter into contracts with local governments or property owners to provide law enforcement services in specified areas. The bill was bracketed to Harris County and passed on final vote 21–5.

Senator Bettencourt said the bill “codifies an existing law enforcement program in Harris County” and moved to suspend the regular order of business to take up the measure. Opponents warned the bill removes local oversight by commissioners courts and risks statutory conflict with the Local Government Code.

Senator Cook offered floor amendment number 1 to require that any settlement arising from causes related to the contracts be paid from civil asset forfeiture of the contract office holder rather than from county funds. Cook said the amendment protects taxpayers from paying settlements arising from contract deputy misconduct, noting a prior Harris County settlement of $1,530,000 for constable misconduct. The amendment failed on a roll call (7 ayes, 19 nays).

Senator Johnson argued the bill could create statutory conflicts with Local Government Code section 351.062(a), which requires commissioners court to set fees for contracts and to recover 100% of county costs; he said the bill would deny commissioner’s courts the ability to fulfill statutory responsibilities. Bettencourt argued that constables and sheriffs provide public safety and that the contracts offer value to homeowners and taxpayers in Harris County.

The Senate suspended rules and proceeded through readings; floor debate recorded the amendment’s defeat and the bill’s passage. The transcript records final passage with a 21–5 vote. The record does not include post‑passage implementation details or updated county procedures; it does include the failed amendment text and the floor’s legal concerns about local government authority and fiscal responsibilities.

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