SRC-CTC, JEC S.B. 732 77(R)BILL ANALYSIS


Senate Research CenterS.B. 732
By: Barrientos
Intergovernmental Relations
6/20/2001
Enrolled


DIGEST AND PURPOSE 

Currently, a county is prohibited from spending money received from certain
sources, including private entities wishing to support the development of
public works projects, during the year in which it is received.  S.B. 732
allows counties to spend money received during a fiscal year by requiring a
county auditor or county judge to certify the receipt of the money and
authorizing the commissioners court to adopt a special budget for spending
such money for general purposes or for any of its intended purpose.  

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 Chapter 111A, Local Government Code, by adding Section
111.0108, as follows: 

Sec. 111.0108.  SPECIAL BUDGET FOR REVENUE RECEIVED AFTER START OF FISCAL
YEAR.  Requires a county auditor, or county judge in a county without an
auditor, to certify to the commissioners court the receipt of revenue from
a new source not anticipated before the adoption of the budget and not
included in the budget for that fiscal year.  Authorizes the court, on
certification, to adopt a special budget for the limited purpose of
spending the revenue for general purposes or for any of its intended
purposes. 

SECTION 2.  Amends Chapter 111B, Local Government Code, by adding Section
111.0432, as follows: 

Sec. 111.0432.  SPECIAL BUDGET FOR REVENUE RECEIVED AFTER START OF FISCAL
YEAR.  Makes conforming changes. 

SECTION 3.  Amends Chapter 111C, Local Government Code, by adding Section
111.07075, as follows: 

Sec. 111.07075.  SPECIAL BUDGET FOR REVENUE RECEIVED AFTER START OF FISCAL
YEAR.  Makes conforming changes. 

SECTION 4.  Amends Chapter 111D, Local Government Code, by adding Section
111.095, as follows: 

Sec.  111.095.  SPECIAL FUNDS.  (a) Provides that this section shall apply
to all funds maintained and controlled by a county officer that are not
included in the county budget. 

(b) Requires the county officer, at least 60 days before the first day of
the county's  fiscal year, to prepare a budget for the expenditure of the
funds during that fiscal year and file a copy of that budget with the
county budget officer.  Requires the county budget officer to make a copy
of the budget available to the public at all reasonable times.  Provides
that the budget is not subject to approval by the commissioners court of
the county, but entitles any member of the public to speak for or against
the budget during the county's budget process.  Authorizes funds in the
accounts under this section to be spent only in compliance with the county
budget and Chapter 262C. 

(c) Prohibits funds in the accounts under this section from being used to
supplement the salary or cover the personal expenses of the county officer. 

(d) Provides that the provisions of this section are cumulative with the
provisions of other statutes pertaining to county funds. 

SECTION 5.  Effective date: September 1, 2001.