The Texas Attorney General's office has issued a significant ruling regarding the budgetary procedures for deputy constables in Bexar County. This ruling, documented in Opinion No. KP-0526, clarifies that reallocating deputy constable positions to different precincts requires voter approval. This decision affects local government officials and law enforcement agencies in counties with populations exceeding 1.2 million.
On August 26, 2026, the Texas Attorney General, Ken Paxton, responded to a request from Bexar County Criminal District Attorney Joe Gonzales. The inquiry focused on whether Local Government Code section 120.002 applies when deputy constables are reassigned under an interlocal agreement with an independent school district. The ruling emphasizes the importance of voter involvement in budgetary decisions concerning law enforcement.
Background
The inquiry originated from a situation in Bexar County where deputy constable positions were initially budgeted for a specific constable's office but were later assigned to work as school resource officers. This arrangement was made possible through an interlocal agreement with an independent school district, which reimburses the county for these positions. The question arose about whether an election would be necessary if the school district decided to terminate the agreement and the county wished to reallocate these positions to another constable precinct.
The Local Government Code section 120.002 outlines specific circumstances under which a county must hold an election before making budgetary changes that affect law enforcement agencies. The Attorney General's opinion aimed to clarify these provisions and their applicability to the situation in Bexar County.
The Ruling
The court ruled that reallocating deputy constables from one precinct to another does indeed require an election under Local Government Code section 120.002(a)(2). The opinion states, "Reallocating resources from one constable’s office to another constable precinct would fall under subsection 120.002(a)(2) and require voter approval." This ruling underscores the need for transparency and public participation in decisions that impact law enforcement funding and staffing.
The Attorney General's office noted that the law grants broad discretion to county commissioners in setting budgets. However, it also imposes restrictions on reallocating resources without voter consent. The opinion highlights that the term "reallocate" means to distribute resources differently, and each constable's office is considered a separate law enforcement agency under the law.
Impact
This ruling is significant for counties in Texas with populations over 1.2 million, as it reinforces the requirement for voter approval in budgetary reallocations involving law enforcement agencies. It emphasizes the importance of community involvement in decisions that affect public safety and law enforcement funding. Local government officials must now ensure that any future reallocations of deputy constable positions are accompanied by a public vote.
Furthermore, this opinion clarifies the interpretation of section 120.002, which may influence how other counties approach similar budgetary decisions. The ruling establishes a precedent that could lead to greater scrutiny of budgetary allocations for law enforcement agencies, ensuring that such changes are made transparently and democratically.
What's Next
The ruling can be appealed, but details about any potential appeals or related cases were not available in the court filing. Local officials in Bexar County and other affected counties will need to prepare for future budgetary discussions, keeping in mind the need for public votes on reallocations of law enforcement resources.