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