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A BILL TO BE ENTITLED
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AN ACT
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relating to county accounting procedures regarding certain audits, |
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debts, and records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5, Article 55.02, Code of Criminal |
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Procedure, is amended by amending Subsections (a), (c), and (d) and |
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adding Subsection (g) to read as follows: |
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(a) Except as provided by Subsections [Subsection] (f) and |
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(g), on receipt of the order, each official or agency or other |
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entity named in the order shall: |
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(1) return all records and files that are subject to |
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the expunction order to the court or, if removal is impracticable, |
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obliterate all portions of the record or file that identify the |
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person who is the subject of the order and notify the court of its |
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action; and |
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(2) delete from its public records all index |
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references to the records and files that are subject to the |
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expunction order. |
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(c) Except in the case of a person who is the subject of an |
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expunction order based on an entitlement under Article 55.01(d) and |
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except as provided by Subsection (g), if an order of expunction is |
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issued under this article, the court records concerning expunction |
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proceedings are not open for inspection by anyone except the person |
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who is the subject of the order unless the order permits retention |
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of a record under Section 4 of this article and the person is again |
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arrested for or charged with an offense arising out of the |
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transaction for which the person was arrested or unless the court |
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provides for the retention of records and files under Section 4(a) |
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of this article. The clerk of the court issuing the order shall |
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obliterate all public references to the proceeding and maintain the |
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files or other records in an area not open to inspection. |
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(d) Except in the case of a person who is the subject of an |
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expunction order on the basis of an acquittal or an expunction order |
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based on an entitlement under Article 55.01(d) and except as |
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provided by Subsection (g), the clerk of the court shall destroy all |
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the files or other records maintained under Subsection (c) not |
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earlier than the 60th day after the date the order of expunction is |
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issued or later than the first anniversary of that date unless the |
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records or files were released under Subsection (b). |
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(g) Notwithstanding any other provision in this section, an |
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official, agency, court, or other entity may retain receipts, |
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invoices, vouchers, or similar records of financial transactions |
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that arose from the expunction proceeding or prosecution of the |
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underlying criminal cause in accordance with internal financial |
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control procedures. An official, agency, court, or other entity |
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that retains records under this subsection shall obliterate all |
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portions of the record or the file that identify the person who is |
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the subject of the expunction order. |
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SECTION 2. Subsection (g), Article 59.06, Code of Criminal |
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Procedure, is amended to read as follows: |
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(g)(1) All law enforcement agencies and attorneys |
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representing the state who receive proceeds or property under this |
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chapter shall account for the seizure, forfeiture, receipt, and |
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specific expenditure of all such proceeds and property in an audit, |
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which is to be performed annually by the commissioners court or |
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governing body of a municipality, as appropriate. The annual |
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period of the audit for a law enforcement agency is the fiscal year |
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of the appropriate county or municipality and the annual period for |
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an attorney representing the state is the state fiscal year. The |
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audit shall be completed on a form provided by the attorney general. |
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Certified copies of the audit shall be delivered by the law |
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enforcement agency or attorney representing the state to the |
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comptroller's office and the attorney general not later than the |
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60th [30th] day after the date on which the annual period that is |
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the subject of the audit ends. |
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(2) If a copy of the audit is not delivered to the |
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attorney general within the period required by Subdivision (1), |
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within five days after the end of the period the attorney general |
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shall notify the law enforcement agency or the attorney |
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representing the state of that fact. On a showing of good cause, |
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the attorney general may grant an extension permitting the agency |
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or attorney to deliver a copy of the audit after the period required |
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by Subdivision (1) and before the 76th [46th] day after the date on |
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which the annual period that is the subject of the audit ends. If |
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the law enforcement agency or the attorney representing the state |
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fails to establish good cause for not delivering the copy of the |
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audit within the period required by Subdivision (1) or fails to |
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deliver a copy of an audit within the extension period, the attorney |
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general shall notify the comptroller of that fact. On notice under |
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this subdivision, the comptroller shall perform the audit otherwise |
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required by Subdivision (1). At the conclusion of the audit, the |
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comptroller shall forward a copy of the audit to the attorney |
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general. The law enforcement agency or attorney representing the |
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state is liable to the comptroller for the costs of the comptroller |
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in performing the audit. |
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SECTION 3. Subsection (a), Section 511.016, Government |
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Code, is amended to read as follows: |
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(a) Each county auditor shall provide the commission with a |
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copy of each [the auditor's quarterly] audit of the county jail's |
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commissary operations the auditor performs under Section 351.0415, |
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Local Government Code, and a copy of the annual financial audit of |
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general operations of the county jail. The county auditor shall |
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provide a copy of an audit not later than the 10th day after |
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completing the audit. |
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SECTION 4. Section 154.025, Local Government Code, is |
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amended to read as follows: |
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Sec. 154.025. DISBURSEMENTS TO PERSONS WITH OUTSTANDING |
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DEBT PROHIBITED. (a) In this section, "debt" includes delinquent |
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taxes, fines, fees, and indebtedness arising from written |
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agreements with the county. |
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(b) If notice of indebtedness has been filed with the county |
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auditor and county treasurer evidencing the indebtedness of a |
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person to the state, the county, or a salary fund, a warrant may not |
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be drawn on a county fund in favor of a person, or an agent or |
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assignee of a person, until: |
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(1) the county treasurer, or the county auditor in a |
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county without a county treasurer, notifies in writing the person |
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owing the debt [is notified] that the debt is outstanding; and |
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(2) the debt is paid. |
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(c) A county may apply any funds the county owes a person to |
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the outstanding balance of debt for which notice is made under |
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Subsection (b)(1), if the notice includes a statement that the |
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amount owed by the county to the person may be applied to reduce the |
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outstanding debt. |
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(d) A county may include a notice in its forms, bonds, or |
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other agreements stating that the county may offset payments to a |
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person in accordance with this section. |
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SECTION 5. Section 154.045, Local Government Code, is |
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amended to read as follows: |
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Sec. 154.045. DISBURSEMENTS TO PERSON WITH OUTSTANDING DEBT |
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PROHIBITED. (a) In this section, "debt" includes delinquent |
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taxes, fines, fees, and indebtedness arising from written |
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agreements with the county. |
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(b) If a notice of indebtedness has been filed with the |
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county auditor or county treasurer evidencing the indebtedness of a |
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person to the state, the county, or a salary fund, a warrant may not |
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be drawn on a county fund in favor of the person, or an agent or |
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assignee of the person, until: |
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(1) the county treasurer, or the county auditor in a |
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county without a county treasurer, notifies in writing the person |
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owing the debt [is notified] that the debt is outstanding; and |
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(2) the debt is paid. |
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(c) A county may apply any funds the county owes a person to |
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the outstanding balance of debt for which notice is made under |
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Subsection (b)(1), if the notice includes a statement that the |
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amount owed by the county to the person may be applied to reduce the |
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outstanding debt. |
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(d) A county may include a notice in its forms, bonds, or |
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other agreements stating that the county may offset payments to a |
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person in accordance with this section. |
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SECTION 6. (a) The changes in law made by this Act to |
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Chapter 55, Code of Criminal Procedure, apply only to an expunction |
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order received on or after the effective date of this Act. |
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(b) Subsection (g), Article 59.06, Code of Criminal |
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Procedure, as amended by this Act, applies only to an audit |
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performed on or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2007. |
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