1-1 By: Lindsay S.B. No. 1395
1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 4, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 11, Nays 0; April 4, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lindsay
1-7 Amend S.B. No. 1395 as follows:
1-8 (1) On page 1, line 61, after the words "county auditor"
1-9 insert ", or the county judge in a county that does not have a
1-10 county auditor,".
1-11 (2) Insert the following 3 SECTIONS, appropriately numbered:
1-12 SECTION 2. Subchapter A, Chapter 111, Local Government Code,
1-13 is amended by adding Section 111.0107 to read as follows:
1-14 Sec. 111.0107. SPECIAL BUDGET FOR REVENUE FROM
1-15 INTERGOVERNMENTAL CONTRACTS. The county auditor, or the county
1-16 judge in a county that does not have an auditor, shall certify to
1-17 the commissioners court the receipt of all revenue from
1-18 intergovernmental contracts that is available for disbursement in a
1-19 fiscal year but not included in the budget for that fiscal year.
1-20 On certification, the court shall adopt a special budget for the
1-21 limited purpose of spending the revenue from intergovernmental
1-22 contracts for its intended purpose.
1-23 SECTION 5. Subchapter B, Chapter 111, Local Government Code,
1-24 is amended by adding Section 111.045 to read as follows:
1-25 Sec. 111.045. SPECIAL BUDGET FOR REVENUE FROM
1-26 INTERGOVERNMENTAL CONTRACTS. The county auditor shall certify to
1-27 the commissioners court the receipt of all revenue from
1-28 intergovernmental contracts that is available for disbursement in a
1-29 fiscal year but not included in the budget for that fiscal year.
1-30 On certification, the court shall adopt a special budget for the
1-31 limited purpose of spending the revenue from intergovernmental
1-32 contracts for its intended purpose.
1-33 SECTION 8. Subchapter C, Chapter 111, Local Government Code,
1-34 is amended by adding Section 111.0708 to read as follows:
1-35 Sec. 111.0708. SPECIAL BUDGET FOR REVENUE FROM
1-36 INTERGOVERNMENTAL CONTRACTS. The county auditor shall certify to
1-37 the commissioners court the receipt of all revenue from
1-38 intergovernmental contracts that is available for disbursement in a
1-39 fiscal year but not included in the budget for that fiscal year.
1-40 On certification, the court shall adopt a special budget for the
1-41 limited purpose of spending the revenue from intergovernmental
1-42 contracts for its intended purpose.
1-43 (3) Renumber the remaining SECTIONS accordingly.
1-44 A BILL TO BE ENTITLED
1-45 AN ACT
1-46 relating to the preparation of a county budget in certain counties.
1-47 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-48 SECTION 1. Subchapter A, Chapter 111, Local Government Code,
1-49 is amended by adding Sections 111.0105 and 111.0106 to read as
1-50 follows:
1-51 Sec. 111.0105. BUDGET FOR EXPENDITURES FROM PROCEEDS OF
1-52 BONDS OR ANTICIPATION WARRANTS. If a county bond issue is
1-53 submitted at an election or if anticipation warrants are to be
1-54 issued against future revenues and a tax is to be levied for those
1-55 warrants, the commissioners court shall adopt a budget of proposed
1-56 expenditures. On receipt of the proceeds of the sale of the bonds
1-57 or warrants, the county may make expenditures from the proceeds in
1-58 the manner provided by this subchapter for expenditures for general
1-59 purposes.
1-60 Sec. 111.0106. SPECIAL BUDGET FOR GRANT OR AID MONEY. The
1-61 county auditor shall certify to the commissioners court the receipt
1-62 of all public or private grant or aid money that is available for
1-63 disbursement in a fiscal year but not included in the budget for
1-64 that fiscal year. On certification, the court shall adopt a
2-1 special budget for the limited purpose of spending the grant or aid
2-2 money for its intended purpose.
2-3 SECTION 2. Section 111.041, Local Government Code, is
2-4 amended to read as follows:
2-5 Sec. 111.041. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY
2-6 EXPENDITURE; BUDGET TRANSFER [OF BUDGET SURPLUS]. (a) The
2-7 commissioners court may spend county funds only in strict
2-8 compliance with the budget except as provided by this section.
2-9 (b) The commissioners court may authorize an emergency
2-10 expenditure as an amendment to the original budget only in a case
2-11 of grave public necessity to meet an unusual and unforeseen
2-12 condition that could not have been included in the original budget
2-13 through the use of reasonably diligent thought and attention. If
2-14 the court amends the original budget to meet an emergency, the
2-15 court shall file a copy of its order amending the budget with the
2-16 county clerk, and the clerk shall attach the copy to the original
2-17 budget.
2-18 (c) The commissioners court by order may amend the budget to
2-19 transfer an amount budgeted for one item to another budgeted item
2-20 without authorizing an emergency expenditure. [On proper
2-21 application, the commissioners court may transfer an existing
2-22 budget surplus during the fiscal year to a budget of a similar kind
2-23 and fund. However, the transfer may not increase the total of the
2-24 budget.]
2-25 SECTION 3. Subchapter B, Chapter 111, Local Government Code,
2-26 is amended by adding Section 111.0415 to read as follows:
2-27 Sec. 111.0415. CHANGES IN BUDGET FOR COUNTY PURPOSES. This
2-28 subchapter does not prevent the commissioners court from making
2-29 changes in the budget for county purposes.
2-30 SECTION 4. Section 111.070, Local Government Code, is
2-31 amended to read as follows:
2-32 Sec. 111.070. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY
2-33 EXPENDITURE; BUDGET TRANSFER [OF BUDGET SURPLUS]. (a) The
2-34 commissioners court may spend county funds only in strict
2-35 compliance with the budget, except as provided by this section.
2-36 (b) The commissioners court may authorize an emergency
2-37 expenditure as an amendment to the original budget only in a case
2-38 of grave public necessity to meet an unusual and unforeseen
2-39 condition that could not have been included in the original budget
2-40 through the use of reasonably diligent thought and attention. If
2-41 the court amends the original budget to meet an emergency, the
2-42 court shall file a copy of its order amending the budget with the
2-43 county clerk, and the clerk shall attach the copy to the original
2-44 budget.
2-45 (c) The commissioners court by order may amend the budget to
2-46 transfer an amount budgeted for one item to another budgeted item
2-47 without authorizing an emergency expenditure. [On proper
2-48 application, the commissioners court may transfer an existing
2-49 budget surplus during the fiscal year to a budget of a similar kind
2-50 and fund. However, the transfer may not increase the total of the
2-51 budget.]
2-52 SECTION 5. Subchapter C, Chapter 111, Local Government Code,
2-53 is amended by adding Sections 111.0705, 111.0706, and 111.0707 to
2-54 read as follows:
2-55 Sec. 111.0705. BUDGET FOR EXPENDITURES FROM PROCEEDS OF
2-56 BONDS OR ANTICIPATION WARRANTS. If a county bond issue is
2-57 submitted at an election or if anticipation warrants are to be
2-58 issued against future revenues and a tax is to be levied for those
2-59 warrants, the commissioners court shall adopt a budget of proposed
2-60 expenditures. On receipt of the proceeds of the sale of the bonds
2-61 or warrants, the county may make expenditures from the proceeds in
2-62 the manner provided by this subchapter for expenditures for general
2-63 purposes.
2-64 Sec. 111.0706. SPECIAL BUDGET FOR GRANT OR AID MONEY. The
2-65 county auditor shall certify to the commissioners court the receipt
2-66 of all public or private grant or aid money that is available for
2-67 disbursement in a fiscal year but not included in the budget for
2-68 that fiscal year. On certification, the court shall adopt a
2-69 special budget for the limited purpose of spending the grant or aid
3-1 money for its intended purpose.
3-2 Sec. 111.0707. CHANGES IN BUDGET FOR COUNTY PURPOSES. This
3-3 subchapter does not prevent the commissioners court from making
3-4 changes in the budget for county purposes.
3-5 SECTION 6. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.
3-12 * * * * *