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Abbott Signs Into Law Bill Penalizing Texas Cities That Cut Police Funding

Gabriel C. Pérez

Texas will soon have the right to financially punish large cities that cut their police budgets, including prohibiting these cities from raising new property tax revenue.

Gov. Greg Abbott signed House Bill 1900 into law Tuesday. The law goes into effect Sept. 1.

“The men and women of law enforcement put their lives on the line every day to keep Texans safe, and they deserve our enduring support and gratitude,” Abbott said in an emailed statement. “Efforts to defund the police are downright dangerous, and these laws will prevent cities from making this reckless decision.”

Abbott on Tuesday also signed Senate Bill 23, which requires large counties to hold an election before reducing their police budgets.

“My hope is that we never have to use this bill,” Sen. Joan Huffman (R–Houston), one of HB 1900's sponsors, said in response to questions before the Senate vote last week. “My hope is that all the cities protect their police; don’t defund the police.”

Lawmakers took their final vote nearly a year to the day a Minneapolis police officer murdered George Floyd and people across the country, including in Austin, began protesting racial injustice. Following the outcry, Austin City Council members voted to cut millions from the police budget.

HB 1900 applies to cities with a population of more than 250,000; lawmakers say that's 11 Texas municipalities, including Austin, Dallas and Houston.

Under the law, if a city funds its police department at a level lower than it has for the past two fiscal years it loses its right to raise more property taxes than it did the year before. (Cities will be allowed to ask the governor’s office for permission to reduce their police budgets.)

The law also prohibits a “defunding municipality” from raising public utility rates or annexing new land, and requires that a city reducing its police budget let residents of neighborhoods annexed in the past 30 years vote to de-annex themselves.

The state will hold back sales tax revenue for cities that cut their police budgets and reappropriate some of that money to the Texas Department of Public Safety.

“The bill is designed to tell municipalities, ‘Do not defund the police,’ and if they do, there are some serious consequences,” Huffman said during debate on the bill.

Abbott started calling for lawmakers to pass a bill like HB 1900 last summer, the same day Austin cut money to its police budget.

"Some cities are more focused on political agendas than public safety," he said in an emailed statement. "Public safety is job one, and Austin has abandoned that duty. The legislature will take this issue up next session, but in the meantime, the Texas Department of Public Safety will stand in the gap to protect our capital city."

All totaled, the Austin City Council reduced the budget by roughly $142 million. Half of that money isn't going toward anything new, though; it's being spent on divisions that were moved out from under police control, like the city’s Forensic Sciences Department.

Council members moved roughly $20 million of the police budget to the city's pandemic response and housing for those living on the streets, and put another $45 million into a transitionary fund, which the Council said it would decide how to spend later. (Since that time, nearly half of that money has gone back to the police department.)

Council members said their vote was in response to thousands of calls to their offices to redistribute money from the police and to efforts that could reduce the need for police, such as mental health services. It was the first time in at least a decade the city had not increased the police department’s budget.

“I think this is without a doubt the most significant change in Austin’s public safety priorities in generations,” Council Member Greg Casar said at the time.

While then-Police Chief Brian Manley said he worried what effect the budget cuts would have on staffing, he said he understood that some parts of policing needed to be reevaluated.

Interim Police Chief Joseph Chacon, who replaced Manley when he retired earlier this year, spoke against HB 1900 at a committee hearing in March.

“I’m here today as the chief of police in a city ... that the dollar amounts do not always correlate to increased public safety,” Chacon told lawmakers. Experts KUT spoke with agree there is no evidence of a relationship between police spending and crime rates.

Chacon called the bill a legislative “overstep.”

“When we talk about defunding, I think we need to be clear that just because money was moved out of our budget does not mean that whatever that money was responsible for is no longer being done,” he said. “It simply resides in another budget now.”

HB 1900 could result in Austin restoring its police department to 2019 levels, when the city spent $434 million on policing. In a recent memo, Austin’s finance office forecasted a $23 million deficit in the city’s budget for the upcoming fiscal year; this did not account for financial impact of police funding bills like HB 1900.

Last week, City of Austin staff would not say how precisely HB 1900 will affect the municipality's budget.

“City staff are reviewing the legal framework and its impact on the City budget, and will discuss with Council once the bill is enacted,” Andy Tate, a City of Austin spokesperson, wrote in an email.

Casar said Tuesday the city's budget would align with the law.

“We will work to make sure our budget conforms with the new law, and also conforms with the values of this community,” he said in an emailed statement. “We will continue our march toward racial justice, police accountability, and comprehensive safety no matter what.”

Got a tip? Email Audrey McGlinchy at Follow her on Twitter @AKMcGlinchy.

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Updated: June 1, 2021 at 2:46 PM CDT
This story has been updated with the governor signing the bill.
Audrey McGlinchy is KUT's housing reporter. Got a tip? Email her at Follow her on Twitter @AKMcGlinchy.
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