BILL ANALYSIS

 

 

Senate Research Center                                                                                               C.S.S.B. 1436

79R121171 MXM-F                                                                                                          By: Madla

                                                                                                               Intergovernmental Relations

                                                                                                                                            4/11/2005

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, multi-county emergency services districts (ESD) do not have the same oversight in regard to the audit requirement as do single county emergency service districts. 

 

C.S.S.B. 1436 places multi-county ESDs under the same audit requirement as applies to single county ESDs and sets out a procedure to follow if the counties choose to conduct an audit for a multi-county ESD. 

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to county auditors in SECTION 2 (Section 775.082, Health and Safety Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends the heading to Section 775.082, Health and Safety Code, to read as follows:

 

            Sec. 775.082. AUDIT OF DISTRICT.

 

SECTION 2.  Amends Sections 775.082(a), (b), (e), and (f), Health and Safety Code, as follows:

 

            (a) Requires the county auditor of a county that contains any part of the [emergency services] district (district) to have access to the books, records, officials, and assets of the district.  Deletes existing text related to a district located wholly in an entire county.   

 

            (b) Requires a district to prepare and file with the commissioners court of each county, rather than the county, that contains any part of the district on or before June 1 of each year an audit report of the district's fiscal accounts and records.  Requires the county auditors, if a district is located in more than one county, with the approval of the commissioners court of each county in which the district is located, to adopt uniform rules relating to the format of the audit and report. 

 

            (e) Requires the commissioners court of each county in which the district is located, if a district is located in more than one county, to designate by joint order a county auditor of one of the counties to perform the audit and issue the audit report. 

 

            (f) Requires the district to pay all costs incurred by the county auditor to perform an audit and issue the report required by this section, unless otherwise ordered by the commissioners court or by joint order of the commissioners, if the district is located in more than one county.   

 

SECTION 3. Effective date: September 1, 2005.