By: Barrientos S.B. No. 732 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the certification of certain revenue received by a 1-3 county after the fiscal year begins. 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. This Act takes effect September 1, 2001. 2-9 COMMITTEE AMENDMENT NO. 1 2-10 S.B. 732 is amended by adding a new Section ___ to read as 2-11 follows: 2-12 SECTION ____. Subchapter D, Chapter 111, Local Government 2-13 Code, is amended by adding a new Section 111.095 to read as 2-14 follows: 2-15 Section 111.095. SPECIAL FUNDS. (a) This section shall 2-16 apply to all funds maintained and controlled by a county officer 2-17 that are not included in the county budget. 2-18 (b) At least 60 days before the first day of the county's 2-19 fiscal year, the officer shall prepare a budget for the expenditure 2-20 of the funds during that fiscal year and file a copy of that budget 2-21 with the county budget officer. The county budget officer shall 2-22 make a copy of the budget filed with the budget officer available 2-23 to the public at all reasonable times. The budget filed with the 2-24 county budget officer is not subject to approval by the 2-25 commissioners court of the county, but any member of the public is 2-26 entitled to speak for or against the budget during the county's 3-1 budget process. Funds in the accounts under this section may be 3-2 spent only in compliance with: 3-3 (1) the budget filed with the county budget officer 3-4 under this subsection; and 3-5 (2) Subchapter C, Chapter 262, Local Government Code. 3-6 (c) Funds in the accounts under this section may not be used 3-7 to supplement the salary or cover the personal expenses of the 3-8 county officer. 3-9 (d) The provisions of this section are cumulative with the 3-10 provisions of other statutes pertaining to county funds. 3-11 Chisum