75R14921 PAM-D
By Lindsay S.B. No. 1395
Substitute the following for S.B. No. 1395:
By Lewis of Tarrant C.S.S.B. No. 1395
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the preparation of a county budget in certain counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 111.005, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 111.005. INFORMATION FURNISHED BY COUNTY OFFICERS.
1-7 (a) In preparing the budget, the county judge may require any
1-8 county officer to furnish existing information necessary for the
1-9 judge to properly prepare the budget.
1-10 (b) If a county officer fails to provide the information as
1-11 required by the county judge, the county judge may request the
1-12 commissioners court to issue an order:
1-13 (1) directing the county officer to produce the
1-14 required information; and
1-15 (2) prescribing the form in which the county officer
1-16 must produce the information.
1-17 SECTION 2. Subchapter A, Chapter 111, Local Government Code,
1-18 is amended by adding Sections 111.0105, 111.0106, and 111.0107 to
1-19 read as follows:
1-20 Sec. 111.0105. BUDGET FOR EXPENDITURES FROM PROCEEDS OF
1-21 BONDS OR OTHER OBLIGATIONS. If a county bond issue is submitted at
1-22 an election or other authorized obligations are to be issued
1-23 against future revenues and a tax is to be levied for those
1-24 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
2-26 commissioners court may spend county funds only in strict
2-27 compliance with the budget except as provided by this section.
3-1 (b) The commissioners court may authorize an emergency
3-2 expenditure as an amendment to the original budget only in a case
3-3 of grave public necessity to meet an unusual and unforeseen
3-4 condition that could not have been included in the original budget
3-5 through the use of reasonably diligent thought and attention. If
3-6 the court amends the original budget to meet an emergency, the
3-7 court shall file a copy of its order amending the budget with the
3-8 county clerk, and the clerk shall attach the copy to the original
3-9 budget.
3-10 (c) The commissioners court by order may amend the budget to
3-11 transfer an amount budgeted for one item to another budgeted item
3-12 without authorizing an emergency expenditure. [On proper
3-13 application, the commissioners court may transfer an existing
3-14 budget surplus during the fiscal year to a budget of a similar kind
3-15 and fund. However, the transfer may not increase the total of the
3-16 budget.]
3-17 SECTION 4. Subchapter B, Chapter 111, Local Government Code,
3-18 is amended by adding Section 111.0415 to read as follows:
3-19 Sec. 111.0415. CHANGES IN BUDGET FOR COUNTY PURPOSES. This
3-20 subchapter does not prevent the commissioners court from making
3-21 changes in the budget for county purposes.
3-22 SECTION 5. Section 111.042, Local Government Code, is
3-23 amended to read as follows:
3-24 Sec. 111.042. BUDGET FOR EXPENDITURES FROM PROCEEDS OF BONDS
3-25 OR OTHER OBLIGATIONS [ANTICIPATION WARRANTS]. If a county bond
3-26 issue is submitted at an election or other authorized obligations
3-27 [if anticipation warrants] are to be issued against future revenues
4-1 and a tax is to be levied for those obligations [warrants], the
4-2 commissioners court shall adopt a budget of proposed expenditures.
4-3 On receipt of the proceeds of the sale of the bonds or other
4-4 obligations [warrants], the county may make expenditures from the
4-5 proceeds in the manner provided by this subchapter for expenditures
4-6 for general purposes.
4-7 SECTION 6. Subchapter B, Chapter 111, Local Government Code,
4-8 is amended by adding Section 111.0431 to read as follows:
4-9 Sec. 111.0431. SPECIAL BUDGET FOR REVENUE FROM
4-10 INTERGOVERNMENTAL CONTRACTS. The county auditor shall certify to
4-11 the commissioners court the receipt of all revenue from
4-12 intergovernmental contracts that is available for disbursement in a
4-13 fiscal year but not included in the budget for that fiscal year.
4-14 On certification, the court shall adopt a special budget for the
4-15 limited purpose of spending the revenue from intergovernmental
4-16 contracts for its intended purpose.
4-17 SECTION 7. Section 111.070, Local Government Code, is
4-18 amended to read as follows:
4-19 Sec. 111.070. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY
4-20 EXPENDITURE; BUDGET TRANSFER [OF BUDGET SURPLUS]. (a) The
4-21 commissioners court may spend county funds only in strict
4-22 compliance with the budget, except as provided by this section.
4-23 (b) The commissioners court may authorize an emergency
4-24 expenditure as an amendment to the original budget only in a case
4-25 of grave public necessity to meet an unusual and unforeseen
4-26 condition that could not have been included in the original budget
4-27 through the use of reasonably diligent thought and attention. If
5-1 the court amends the original budget to meet an emergency, the
5-2 court shall file a copy of its order amending the budget with the
5-3 county clerk and the clerk shall attach the copy to the original
5-4 budget.
5-5 (c) The commissioners court by order may amend the budget to
5-6 transfer an amount budgeted for one item to another budgeted item
5-7 without authorizing an emergency expenditure. [On proper
5-8 application, the commissioners court may transfer an existing
5-9 budget surplus during the fiscal year to a budget of a similar kind
5-10 and fund. However, the transfer may not increase the total of the
5-11 budget.]
5-12 SECTION 8. Subchapter C, Chapter 111, Local Government Code,
5-13 is amended by adding Sections 111.0705, 111.0706, 111.0707,
5-14 111.0708, and 111.0709 to read as follows:
5-15 Sec. 111.0705. BUDGET FOR EXPENDITURES FROM PROCEEDS OF
5-16 BONDS OR OTHER OBLIGATIONS. If a county bond issue is submitted at
5-17 an election or other authorized obligations are to be issued
5-18 against future revenues and a tax is to be levied for those
5-19 obligations, the commissioners court shall adopt a budget of
5-20 proposed expenditures. On receipt of the proceeds of the sale of
5-21 the bonds or other obligations, the county may make expenditures
5-22 from the proceeds in the manner provided by this subchapter for
5-23 expenditures for general purposes.
5-24 Sec. 111.0706. SPECIAL BUDGET FOR GRANT OR AID MONEY. The
5-25 county auditor shall certify to the commissioners court the receipt
5-26 of all public or private grant or aid money that is available for
5-27 disbursement in a fiscal year but not included in the budget for
6-1 that fiscal year. On certification, the court shall adopt a
6-2 special budget for the limited purpose of spending the grant or aid
6-3 money for its intended purpose.
6-4 Sec. 111.0707. SPECIAL BUDGET FOR REVENUE FROM
6-5 INTERGOVERNMENTAL CONTRACTS. The county auditor shall certify to
6-6 the commissioners court the receipt of all revenue from
6-7 intergovernmental contracts that is available for disbursement in a
6-8 fiscal year but not included in the budget for that fiscal year.
6-9 On certification, the court shall adopt a special budget for the
6-10 limited purpose of spending the revenue from intergovernmental
6-11 contracts for its intended purpose.
6-12 Sec. 111.0708. PLEDGING REVENUE AS SECURITY FOR BONDS AND
6-13 OTHER OBLIGATIONS. In preparing a county budget, a county may
6-14 secure county bonds or other obligations by pledging for the term
6-15 of the bonds or other obligations:
6-16 (1) any security authorized by law; or
6-17 (2) any revenue or receipts obtained by the county
6-18 from the levy of a state tax if the state is required to pay the
6-19 county the proceeds or receipts from the tax.
6-20 Sec. 111.0709. CHANGES IN BUDGET FOR COUNTY PURPOSES. This
6-21 subchapter does not prevent the commissioners court from making
6-22 changes in the budget for county purposes.
6-23 SECTION 9. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended,
7-1 and that this Act take effect and be in force from and after its
7-2 passage, and it is so enacted.