73R8492 RWS-F
          By Hamric                                             H.B. No. 1928
          Substitute the following for H.B. No. 1928:
          By Chisum                                         C.S.H.B. No. 1928
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the administration of certain districts providing fire
    1-3  and emergency services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 775.036, Health and Safety Code, is
    1-6  amended by adding Subsection (d) to read as follows:
    1-7        (d)  The board of a district located wholly in one county
    1-8  shall include in the report required under Subsection (a)(4):
    1-9              (1)  the number and type of emergency responses made
   1-10  within and outside the district;
   1-11              (2)  a listing of all debt incurred by the district;
   1-12  and
   1-13              (3)  any other financial matter required by order of
   1-14  the commissioners court.
   1-15        SECTION 2.  Subchapter E, Chapter 775, Health and Safety
   1-16  Code, is amended by adding Section 775.082 to read as follows:
   1-17        Sec. 775.082.  AUDIT OF DISTRICT LOCATED WHOLLY IN ONE
   1-18  COUNTY.  (a)  In a district located wholly in one county, the
   1-19  county auditor shall have access to the books, records, personnel,
   1-20  and property of the district.
   1-21        (b)  A district located wholly in one county shall prepare
   1-22  and file with the commissioners court of the county on or before
   1-23  the 120th day after the last day of the district's fiscal year an
   1-24  audit report of the district's fiscal accounts and records.  The
    2-1  audit shall be performed and the report shall be prepared at the
    2-2  expense of the district.  The county auditor, with the approval of
    2-3  the commissioners court, shall adopt rules relating to the format
    2-4  of the audit and report.
    2-5        (c)  The person who performs the audit and issues the report
    2-6  must be an independent certified public accountant or firm of
    2-7  certified public accountants licensed in this state, unless the
    2-8  commissioners court by order requires the audit to be performed by
    2-9  the county auditor.
   2-10        (d)  The commissioners court, on application made to the
   2-11  commissioners court by the district, may extend up to an additional
   2-12  30 days the deadline for filing the audit report.
   2-13        (e)  If the district fails to complete and file the audit
   2-14  report within the time provided by Subsection (b) or (d), the
   2-15  commissioners court may order the county auditor to perform the
   2-16  audit and issue the report.
   2-17        (f)  The district shall pay all costs incurred by the county
   2-18  auditor to perform an audit and issue the report required by this
   2-19  section, unless otherwise ordered by the commissioners court.
   2-20        SECTION 3.  Section 794.035, Health and Safety Code, is
   2-21  amended by adding Subsection (d) to read as follows:
   2-22        (d)  The board of a district located wholly in one county
   2-23  shall include in the report required under Subsection (a)(4):
   2-24              (1)  the number and type of emergency responses made
   2-25  within and outside the district;
   2-26              (2)  a listing of all debt incurred by the district;
   2-27  and
    3-1              (3)  any other financial matter required by order of
    3-2  the commissioners court.
    3-3        SECTION 4.  Subchapter E, Chapter 794, Health and Safety
    3-4  Code, is amended by adding Section 794.082 to read as follows:
    3-5        Sec. 794.082.  AUDIT OF DISTRICT LOCATED WHOLLY IN ONE
    3-6  COUNTY.  (a)  In a district located wholly in one county, the
    3-7  county auditor shall have access to the books, records, personnel,
    3-8  and property of the district.
    3-9        (b)  A district located wholly in one county shall prepare
   3-10  and file with the commissioners court of the county on or before
   3-11  the 120th day after the last day of the district's fiscal year an
   3-12  audit report of the district's fiscal accounts and records.  The
   3-13  audit shall be performed and prepared at the expense of the
   3-14  district.  The county auditor, with the approval of the
   3-15  commissioners court, shall adopt rules relating to the format of
   3-16  the audit and report.
   3-17        (c)  The person who performs the audit and issues the report
   3-18  must be an independent certified public accountant or firm of
   3-19  certified public accountants licensed in this state, unless the
   3-20  commissioners court by order requires the audit to be performed by
   3-21  the county auditor.
   3-22        (d)  The commissioners court, on application made to the
   3-23  commissioners court by the district, may extend up to an additional
   3-24  30 days the deadline for filing the audit report.
   3-25        (e)  If the district fails to complete and file the audit
   3-26  report within the time provided by Subsection (b) or (d), the
   3-27  commissioners court may order the county auditor to perform the
    4-1  audit and issue the report.
    4-2        (f)  The district shall pay all costs incurred by the county
    4-3  auditor to perform an audit and issue the report required by this
    4-4  section, unless otherwise ordered by the commissioners court.
    4-5        SECTION 5.  (a)  This Act takes effect September 1, 1993.
    4-6        (b)  To the extent that this Act requires an annual audit of
    4-7  an emergency services district or a rural fire prevention district,
    4-8  an audit shall be conducted beginning with the first fiscal year of
    4-9  the district that ends on or after September 1, 1993.
   4-10        SECTION 6.  The importance of this legislation and the
   4-11  crowded condition of the calendars in both houses create an
   4-12  emergency and an imperative public necessity that the
   4-13  constitutional rule requiring bills to be read on three several
   4-14  days in each house be suspended, and this rule is hereby suspended.