1-1 AN ACT 1-2 relating to the certification and expenditure of certain revenue 1-3 not included in a county budget. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 111, Local Government Code, 1-6 is amended by adding Section 111.0108 to read as follows: 1-7 Sec. 111.0108. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER 1-8 START OF FISCAL YEAR. The county auditor or the county judge in a 1-9 county that does not have a county auditor shall certify to the 1-10 commissioners court the receipt of revenue from a new source not 1-11 anticipated before the adoption of the budget and not included in 1-12 the budget for that fiscal year. On certification, the court may 1-13 adopt a special budget for the limited purpose of spending the 1-14 revenue for general purposes or for any of its intended purposes. 1-15 SECTION 2. Subchapter B, Chapter 111, Local Government Code, 1-16 is amended by adding Section 111.0432 to read as follows: 1-17 Sec. 111.0432. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER 1-18 START OF FISCAL YEAR. The county auditor shall certify to the 1-19 commissioners court the receipt of revenue from a new source not 1-20 anticipated before the adoption of the budget and not included in 1-21 the budget for that fiscal year. On certification, the court may 1-22 adopt a special budget for the limited purpose of spending the 1-23 revenue for general purposes or for any of its intended purposes. 1-24 SECTION 3. Subchapter C, Chapter 111, Local Government Code, 1-25 is amended by adding Section 111.07075 to read as follows: 2-1 Sec. 111.07075. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER 2-2 START OF FISCAL YEAR. The county auditor shall certify to the 2-3 commissioners court the receipt of revenue from a new source not 2-4 anticipated before the adoption of the budget and not included in 2-5 the budget for that fiscal year. On certification, the court may 2-6 adopt a special budget for the limited purpose of spending the 2-7 revenue for general purposes or for any of its intended purposes. 2-8 SECTION 4. Subchapter D, Chapter 111, Local Government Code, 2-9 is amended by adding Section 111.095 to read as follows: 2-10 Sec. 111.095. SPECIAL FUNDS. (a) This section shall apply 2-11 to all funds maintained and controlled by a county tax 2-12 assessor-collector that are not included in the county budget. 2-13 (b) At least 60 days before the first day of the county's 2-14 fiscal year, the county tax assessor-collector shall prepare a 2-15 budget for the expenditure of the funds during that fiscal year and 2-16 file a copy of that budget with the county budget officer. The 2-17 county budget officer shall make a copy of the budget filed with 2-18 the budget officer available to the public at all reasonable times. 2-19 The budget filed with the county budget officer is not subject to 2-20 approval by the commissioners court of the county, but any member 2-21 of the public is entitled to speak for or against the budget during 2-22 the county's budget process. Funds in the accounts under this 2-23 section may be spent only in compliance with the budget filed with 2-24 the county budget officer under this subsection. 2-25 (c) Funds in the accounts under this section may not be used 2-26 to supplement the salary or cover the personal expenses of the 3-1 county tax assessor-collector. 3-2 (d) The provisions of this section are cumulative with the 3-3 provisions of other statutes pertaining to county funds. 3-4 SECTION 5. This Act takes effect September 1, 2001. S.B. No. 732 _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 732 passed the Senate on April 20, 2001, by the following vote: Yeas 30, Nays 0, one present not voting; Senate concurred in House amendment on May 9, 2001, by a viva-voce vote; May 22, 2001, the Senate adopted S.C.R. No. 65, requesting the return of S.B. No. 732 to the Senate for further consideration; May 23, 2001, the Senate refused to concur in House amendment and requested appointment of Conference Committee; May 24, 2001, House granted request of the Senate; May 27, 2001, Senate adopted Conference Committee Report by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 732 passed the House, with amendment, on May 5, 2001, by a non-record vote; May 22, 2001, the House adopted S.C.R. No. 65, requesting the return of S.B. No. 732 to the Senate for further consideration; May 24, 2001, House granted request of the Senate for appointment of Conference Committee; May 27, 2001, House adopted Conference Committee Report by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor