The PSO's decision whether to grant approval for a reduction to the appropriation to a municipality's police department shall be based upon the following factors:

1. (1) the municipality's capital expenditures related to law enforcement during the preceding fiscal year;
2. (2) the municipality's response to a state of disaster declared under Section 418.014, Government Code; and

3. (3) any additional factors relevant to the application, including, but not limited to:

   1. (A) effect on public safety;
   2. (B) change in peace officer response times; and
   3. (C) change in peace officer to population ratios.

Source Note:The provisions of this §3.9405 adopted to be effective March 23, 2022, 47 TexReg 1451.