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