SRC-JBJ C.S.S.B. 288 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 288
77R5865 GWK-FBy: Armbrister
Criminal Justice
2/9/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, there is some inconsistency and confusion in the application of
statutes regulating the fiscal operation of a community supervision and
corrections department (department) established under Chapter 76,
Government Code.  As proposed, C.S.S.B. 288 authorizes a district judge to
appoint fiscal officers, other than the county auditor, to be responsible
for certain financial operations for a department and provides guidelines
for the appointment and use of such fiscal officers. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 76.004, Government Code, as follows:

Sec. 76.004. New heading: DEPARTMENT DIRECTOR; FISCAL OFFICER.  (c)
Authorizes the district judge or judges to appoint for a community
supervision and corrections department established under this chapter
(department) a fiscal officer, other than the county auditor.  Sets forth
responsibilities of the fiscal officer. 

(d)  Authorizes the district judge or judges to appoint a person as fiscal
officer only after investigating the person and determining that the person
meets certain criteria. 

(e)  Requires a fiscal officer appointed under this section, before
beginning employment and not later than the 20th day after the date the
appointment to carry out certain actions. 

(f)  Requires the district judge or judges to set the annual compensation
of a fiscal officer appointed under this section.  Requires the department
to pay all costs related to the functions of the fiscal officer. 
  
(g)  Provides that Subsections (c)-(f) do not diminish the rights of
certain specific officers or entities to examine and audit certain
documents and information of a department. 

SECTION 2.  Effective date: September 1, 2001.



SUMMARY OF COMMITTEE CHANGES

SECTION 1. Differs from the original by specifying the responsibilities of
the fiscal officer.  Adds to a district judge's or judges' authority to
appoint a fiscal officer the condition that a person being  considered for
appointment, upon investigation, meet certain criteria.  Adds certain
requirements for a newly appointed fiscal officer.  Adds the requirement
that a district judge or judges set the compensation of a fiscal officer
appointed under this section.  Amends language pertaining to funding by a
community supervision and corrections department established under this
chapter (department) for the functions of financial officers.  Adds
provisions pertaining to the rights of certain officers or entities to
examine and audit certain documents and information of a department. 

SECTION 2.  No change.