1-1 By: Armbrister S.B. No. 288 1-2 (In the Senate - Filed January 18, 2001; January 22, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 February 12, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; 1-6 February 12, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 288 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the financial transactions of a community supervision 1-11 and corrections department. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 76.004, Government Code, is amended to 1-14 read as follows: 1-15 Sec. 76.004. DEPARTMENT DIRECTOR; FISCAL OFFICER. (a) The 1-16 district judge or judges shall appoint a department director who 1-17 must meet, at a minimum, the eligibility requirements for officers 1-18 established under Section 76.005. 1-19 (b) The department director shall employ a sufficient number 1-20 of officers and other employees to perform the professional and 1-21 clerical work of the department. 1-22 (c) The district judge or judges may appoint for the 1-23 department a fiscal officer, other than the county auditor. The 1-24 fiscal officer is responsible for: 1-25 (1) managing and protecting funds, fees, state aid, 1-26 and receipts to the same extent that a county auditor manages 1-27 county funds and funds of other local entities; 1-28 (2) ensuring that financial transactions of the 1-29 department are lawful and allowable; and 1-30 (3) prescribing accounting procedures for the 1-31 department. 1-32 (d) The district judge or judges may appoint a person as 1-33 fiscal officer only after investigating the person and determining 1-34 that the person is: 1-35 (1) a person of unquestionably good moral character 1-36 and intelligence; and 1-37 (2) a competent accountant with at least two years' 1-38 experience in auditing and accounting. 1-39 (e) A fiscal officer appointed under this section, before 1-40 beginning employment and not later than the 20th day after the date 1-41 of appointment, shall: 1-42 (1) take an oath stating that the person meets the 1-43 qualifications required by this section and will not have a 1-44 personal interest in any contract entered into by the department; 1-45 and 1-46 (2) execute a good and sufficient surety bond that: 1-47 (A) is in the amount of $5,000 or more; 1-48 (B) is approved by and payable to the district 1-49 judge or judges; and 1-50 (C) is conditioned on the faithful performance 1-51 by the fiscal officer of the officer's duties. 1-52 (f) The district judge or judges shall set the annual 1-53 compensation of a fiscal officer appointed under this section, and 1-54 the department shall pay all costs related to the functions of the 1-55 fiscal officer. 1-56 (g) Subsections (c)-(f) do not diminish the rights of the 1-57 following officers or entities to examine and audit accounts, 1-58 records, receipts, and expenditures of a department: 1-59 (1) the county auditor of a county served by the 1-60 department; 1-61 (2) the comptroller; and 1-62 (3) the division. 1-63 SECTION 2. This Act takes effect September 1, 2001. 2-1 * * * * *