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