AN ACT
1-1 relating to the preparation of a county budget in certain counties.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 111.005, Local Government Code, is
1-4 amended to read as follows:
1-5 Sec. 111.005. INFORMATION FURNISHED BY COUNTY OFFICERS.
1-6 (a) In preparing the budget, the county judge may require any
1-7 county officer to furnish existing information necessary for the
1-8 judge to properly prepare the budget.
1-9 (b) If a county officer fails to provide the information as
1-10 required by the county judge, the county judge may request the
1-11 commissioners court to issue an order:
1-12 (1) directing the county officer to produce the
1-13 required information; and
1-14 (2) prescribing the form in which the county officer
1-15 must produce the information.
1-16 SECTION 2. Subchapter A, Chapter 111, Local Government Code,
1-17 is amended by adding Sections 111.0105, 111.0106, and 111.0107 to
1-18 read as follows:
1-19 Sec. 111.0105. BUDGET FOR EXPENDITURES FROM PROCEEDS OF
1-20 BONDS OR OTHER OBLIGATIONS. If a county bond issue is submitted at
1-21 an election or other authorized obligations are to be issued
1-22 against future revenues and a tax is to be levied for those
1-23 obligations, the commissioners court shall adopt a budget of
2-1 proposed expenditures. On receipt of the proceeds of the sale of
2-2 the bonds or other obligations, the county may make expenditures
2-3 from the proceeds in the manner provided by this subchapter for
2-4 expenditures for general purposes.
2-5 Sec. 111.0106. SPECIAL BUDGET FOR GRANT OR AID MONEY. The
2-6 county auditor or the county judge in a county that does not have a
2-7 county auditor shall certify to the commissioners court the receipt
2-8 of all public or private grant or aid money that is available for
2-9 disbursement in a fiscal year but not included in the budget for
2-10 that fiscal year. On certification, the court shall adopt a
2-11 special budget for the limited purpose of spending the grant or aid
2-12 money for its intended purpose.
2-13 Sec. 111.0107. SPECIAL BUDGET FOR REVENUE FROM
2-14 INTERGOVERNMENTAL CONTRACTS. The county auditor or the county
2-15 judge in a county that does not have a county auditor shall certify
2-16 to the commissioners court the receipt of all revenue from
2-17 intergovernmental contracts that is available for disbursement in a
2-18 fiscal year but not included in the budget for that fiscal year.
2-19 On certification, the court shall adopt a special budget for the
2-20 limited purpose of spending the revenue from intergovernmental
2-21 contracts for its intended purpose.
2-22 SECTION 3. Section 111.041, Local Government Code, is
2-23 amended to read as follows:
2-24 Sec. 111.041. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY
2-25 EXPENDITURE; BUDGET TRANSFER [OF BUDGET SURPLUS]. (a) The
3-1 commissioners court may spend county funds only in strict
3-2 compliance with the budget, except as provided by this section.
3-3 (b) The commissioners court may authorize an emergency
3-4 expenditure as an amendment to the original budget only in a case
3-5 of grave public necessity to meet an unusual and unforeseen
3-6 condition that could not have been included in the original budget
3-7 through the use of reasonably diligent thought and attention. If
3-8 the court amends the original budget to meet an emergency, the
3-9 court shall file a copy of its order amending the budget with the
3-10 county clerk, and the clerk shall attach the copy to the original
3-11 budget.
3-12 (c) The commissioners court by order may amend the budget to
3-13 transfer an amount budgeted for one item to another budgeted item
3-14 without authorizing an emergency expenditure. [On proper
3-15 application, the commissioners court may transfer an existing
3-16 budget surplus during the fiscal year to a budget of a similar kind
3-17 and fund. However, the transfer may not increase the total of the
3-18 budget.]
3-19 SECTION 4. Subchapter B, Chapter 111, Local Government Code,
3-20 is amended by adding Section 111.0415 to read as follows:
3-21 Sec. 111.0415. CHANGES IN BUDGET FOR COUNTY PURPOSES. This
3-22 subchapter does not prevent the commissioners court from making
3-23 changes in the budget for county purposes.
3-24 SECTION 5. Section 111.042, Local Government Code, is
3-25 amended to read as follows:
4-1 Sec. 111.042. BUDGET FOR EXPENDITURES FROM PROCEEDS OF BONDS
4-2 OR OTHER OBLIGATIONS [ANTICIPATION WARRANTS]. If a county bond
4-3 issue is submitted at an election or other authorized obligations
4-4 [if anticipation warrants] are to be issued against future revenues
4-5 and a tax is to be levied for those obligations [warrants], the
4-6 commissioners court shall adopt a budget of proposed expenditures.
4-7 On receipt of the proceeds of the sale of the bonds or other
4-8 obligations [warrants], the county may make expenditures from the
4-9 proceeds in the manner provided by this subchapter for expenditures
4-10 for general purposes.
4-11 SECTION 6. Subchapter B, Chapter 111, Local Government Code,
4-12 is amended by adding Section 111.0431 to read as follows:
4-13 Sec. 111.0431. SPECIAL BUDGET FOR REVENUE FROM
4-14 INTERGOVERNMENTAL CONTRACTS. The county auditor shall certify to
4-15 the commissioners court the receipt of all revenue from
4-16 intergovernmental contracts that is available for disbursement in a
4-17 fiscal year but not included in the budget for that fiscal year.
4-18 On certification, the court shall adopt a special budget for the
4-19 limited purpose of spending the revenue from intergovernmental
4-20 contracts for its intended purpose.
4-21 SECTION 7. Section 111.070, Local Government Code, is
4-22 amended to read as follows:
4-23 Sec. 111.070. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY
4-24 EXPENDITURE; BUDGET TRANSFER [OF BUDGET SURPLUS]. (a) The
4-25 commissioners court may spend county funds only in strict
5-1 compliance with the budget, except as provided by this section.
5-2 (b) The commissioners court may authorize an emergency
5-3 expenditure as an amendment to the original budget only in a case
5-4 of grave public necessity to meet an unusual and unforeseen
5-5 condition that could not have been included in the original budget
5-6 through the use of reasonably diligent thought and attention. If
5-7 the court amends the original budget to meet an emergency, the
5-8 court shall file a copy of its order amending the budget with the
5-9 county clerk and the clerk shall attach the copy to the original
5-10 budget.
5-11 (c) The commissioners court by order may amend the budget to
5-12 transfer an amount budgeted for one item to another budgeted item
5-13 without authorizing an emergency expenditure. [On proper
5-14 application, the commissioners court may transfer an existing
5-15 budget surplus during the fiscal year to a budget of a similar kind
5-16 and fund. However, the transfer may not increase the total of the
5-17 budget.]
5-18 SECTION 8. Subchapter C, Chapter 111, Local Government Code,
5-19 is amended by adding Sections 111.0705, 111.0706, 111.0707,
5-20 111.0708, and 111.0709 to read as follows:
5-21 Sec. 111.0705. BUDGET FOR EXPENDITURES FROM PROCEEDS OF
5-22 BONDS OR OTHER OBLIGATIONS. If a county bond issue is submitted at
5-23 an election or other authorized obligations are to be issued
5-24 against future revenues and a tax is to be levied for those
5-25 obligations, the commissioners court shall adopt a budget of
6-1 proposed expenditures. On receipt of the proceeds of the sale of
6-2 the bonds or other obligations, the county may make expenditures
6-3 from the proceeds in the manner provided by this subchapter for
6-4 expenditures for general purposes.
6-5 Sec. 111.0706. SPECIAL BUDGET FOR GRANT OR AID MONEY. The
6-6 county auditor shall certify to the commissioners court the receipt
6-7 of all public or private grant or aid money that is available for
6-8 disbursement in a fiscal year but not included in the budget for
6-9 that fiscal year. On certification, the court shall adopt a
6-10 special budget for the limited purpose of spending the grant or aid
6-11 money for its intended purpose.
6-12 Sec. 111.0707. SPECIAL BUDGET FOR REVENUE FROM
6-13 INTERGOVERNMENTAL CONTRACTS. The county auditor shall certify to
6-14 the commissioners court the receipt of all revenue from
6-15 intergovernmental contracts that is available for disbursement in a
6-16 fiscal year but not included in the budget for that fiscal year.
6-17 On certification, the court shall adopt a special budget for the
6-18 limited purpose of spending the revenue from intergovernmental
6-19 contracts for its intended purpose.
6-20 Sec. 111.0708. PLEDGING REVENUE AS SECURITY FOR BONDS AND
6-21 OTHER OBLIGATIONS. In preparing a county budget, a county may
6-22 secure county bonds or other obligations by pledging for the term
6-23 of the bonds or other obligations:
6-24 (1) any security authorized by law; or
6-25 (2) any revenue or receipts obtained by the county
7-1 from the levy of a state tax if the state is required to pay the
7-2 county the proceeds or receipts from the tax.
7-3 Sec. 111.0709. CHANGES IN BUDGET FOR COUNTY PURPOSES. This
7-4 subchapter does not prevent the commissioners court from making
7-5 changes in the budget for county purposes.
7-6 SECTION 9. Subchapter D, Chapter 111, Local Government Code,
7-7 is amended by adding Section 111.094 to read as follows:
7-8 Sec. 111.094. ITEMIZED BUDGET. The commissioners court in
7-9 preparing the county budget shall determine the amount of county
7-10 funds to be spent for the juvenile probation department in the
7-11 county budget.
7-12 SECTION 10. Subsection (c), Section 113.901, Local
7-13 Government Code, is amended to read as follows:
7-14 (c) The commissioners court [county judge] of a county that
7-15 has the office of county auditor may, by a written order, waive the
7-16 requirement of the county judge's approval of requisitions. The
7-17 order must be recorded in the minutes of the commissioners court.
7-18 If the approval of the county judge is waived, all claims must be
7-19 approved by the commissioners court in open court.
7-20 SECTION 11. The importance of this legislation and the
7-21 crowded condition of the calendars in both houses create an
7-22 emergency and an imperative public necessity that the
7-23 constitutional rule requiring bills to be read on three several
7-24 days in each house be suspended, and this rule is hereby suspended,
7-25 and that this Act take effect and be in force from and after its
S.B. No. 1395
8-1 passage, and it is so enacted.
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1395 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0;
May 30, 1997, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 31, 1997, House
granted request of the Senate; June 1, 1997, Senate adopted
Conference Committee Report by the following vote: Yeas 23,
Nays 8.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1395 passed the House, with
amendments, on May 28, 1997, by the following vote: Yeas 136,
Nays 1, one present not voting; May 31, 1997, House granted request
of the Senate for appointment of Conference Committee;
June 1, 1997, House adopted Conference Committee Report by the
following vote: Yeas 139, Nays 3, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor