83R10399 SCL-D

By: Hinojosa S.B. No. 1426

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of county auditors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 84.001, 84.002, and 84.003, Local Government Code, are amended to read as follows:

Sec. 84.001. COUNTY AUDITOR BOARD [EFFECT OF REFERENCE TO "DISTRICT JUDGES"; MAJORITY VOTE REQUIRED]. (a) In this section, "district judge" [chapter, a reference to district judges] means a [the] district judge [judges] having jurisdiction in the county.

(b) An auditor board is established in each county [A majority vote of the district judges is required to perform an act required or permitted of the district judges unless the law specifically provides otherwise. If only one district judge has jurisdiction in the county, the judge may act alone].

(c) The auditor board is composed of:

(1) the county judge of the county;

(2) one county commissioner from the county; and

(3) three district judges if there are at least three district judges having jurisdiction in the county, or one district judge if there are fewer than three district judges having jurisdiction in the county.

(d) The commissioners court of the county by majority vote shall appoint the members of the auditor board.

(e) The county judge, county commissioner, and district judges serve on the auditor board until the expiration of their terms of office or until their successors qualify.

(f) The commissioners court by majority vote shall fill a vacancy on the auditor board in the same manner as the original appointment.

(g) The auditor board shall elect a presiding officer from among its members.

(h) A majority vote of the auditor board is required for board action.

(i) Service on an auditor board by a county judge, county commissioner, or district judge is an additional duty of office.

Sec. 84.002. APPOINTMENT OF COUNTY AUDITOR. (a) In a county with a population of 10,200 or more, the auditor board [district judges] shall appoint a county auditor.

(b) In a county with a population of less than 10,200:

(1) the auditor board [district judges] may appoint a county auditor if the board determines [judges determine] that the county's financial circumstances warrant the appointment; and

(2) the auditor board [district judges] shall appoint a county auditor if:

(A) the commissioners court finds that a county auditor is necessary to carry out county business and enters an order in its minutes stating the reason for this finding;

(B) the order is certified to the board [district judges]; and

(C) the board finds [district judges find] the reason stated by the commissioners court to be good and sufficient.

Sec. 84.003. PROCEDURE FOR APPOINTMENT. (a) The auditor board [district judges] shall appoint the county auditor at a special meeting held for that purpose. If a majority of the board [judges] cannot agree on the selection of a person as county auditor, the presiding officer [one] of the board [judges] shall certify that fact to the governor, who shall appoint another district judge to act and vote with the board [district judges] to select the county auditor.

(b) The presiding officer [clerk] of the auditor board [district court] shall record the board's [judges'] action in the minutes of the board [court] and certify it to the commissioners court. The commissioners court shall record in its minutes the board's [judges'] action and an order directing the payment of the auditor's salary.

SECTION 2. Section 84.005(a), Local Government Code, is amended to read as follows:

(a) In a county with a population of 3.3 million or more, the auditor board [district judges] shall hold a meeting for the purpose of appointing a county auditor. [For a county auditor to be appointed, a majority of the district judges must be present at the meeting and a candidate for the office must receive at least a two-thirds vote of the district judges who are present and voting at the meeting.] Each board member [judge] may nominate any number of candidates for the office.

SECTION 3. Section 84.006(b), Local Government Code, is amended to read as follows:

(b) Before making an appointment the auditor board [district judges] shall carefully investigate and consider the person's qualifications.

SECTION 4. Section 84.007, Local Government Code, is amended to read as follows:

Sec. 84.007. BOND AND OATH. (a) Before taking office and within 20 days after the date of a county auditor's appointment, the county auditor must execute a bond. The bond must be:

(1) a good and sufficient surety bond or a bond secured by two or more good and sufficient personal sureties;

(2) in the amount of $5,000 or more;

(3) payable to the auditor board [district judges];

(4) conditioned on the faithful performance of the duties of county auditor; and

(5) approved by the auditor board [district judges].

(b) The county auditor must take the official oath and a written oath that lists the positions of public or private trust previously held and the length of service in each of those positions and that states:

(1) that the auditor [he] has the qualifications required by this chapter; and

(2) that the auditor [he] will not be personally interested in a contract with the county.

SECTION 5. Sections 84.008(b) and (d), Local Government Code, are amended to read as follows:

(b) After the commissioners courts have determined that an auditor is necessary in the disposition of county business and after the agreement is made, the commissioners court of each county shall enter in its minutes an order stating its determination of the necessity and shall certify the order to the auditor board [district judges] of the county. If the board of each county finds [judges find] the orders good and sufficient, the boards [they] shall combine to appoint the county auditor by an order recorded in the minutes of the boards [district courts] of all counties party to the agreement. The presiding officer [district clerk] of the auditor board of each county shall certify the order to the commissioners court of that county, who shall record the order in its minutes. If a majority of the combined board cannot agree on the selection of a person as county auditor, the presiding officers of the boards of the combined board shall jointly certify that fact to the governor, who shall appoint another district judge to act and vote with the combined board to select the county auditor.

(d) In matters required by this section to be done by the combined auditor board [district judges], a majority vote of the members of the combined board [judges] controls.

SECTION 6. Section 84.0085(a), Local Government Code, is amended to read as follows:

(a) During each full term of office, a county auditor must successfully complete at least 40 classroom hours of instruction in courses relating to the duties of the county auditor and accredited by the Texas State Board of Public Accountancy as continuing professional education credits for certified public accountants. On the completion of the courses and the accumulation of the continuing professional education credits, the county auditor must certify that fact to the auditor board [district judges].

SECTION 7. Section 84.009, Local Government Code, is amended to read as follows:

Sec. 84.009. REMOVAL. (a) A county auditor may be removed from office and a successor appointed if, after due investigation by the auditor board or the combined auditor board that [district judges who] appointed the auditor, it is proven that the auditor:

(1) has committed official misconduct; or

(2) is incompetent to faithfully discharge the duties of the office of county auditor.

(b) The auditor board that [district judges who] appointed a county auditor under Section 84.002(b)(2) or the combined auditor board that appointed a county auditor under Section 84.008 may discontinue the services of the auditor after the expiration of one year after the date of the appointment if it is clearly shown that the auditor is not necessary and the auditor's services are not commensurate with the auditor's salary.

SECTION 8. Subchapter A, Chapter 84, Local Government Code, is amended by adding Section 84.010 to read as follows:

Sec. 84.010. PERSONNEL RULES APPLYING TO COUNTY AUDITOR'S OFFICE IN COUNTIES OF 500,000 OR MORE. (a) This section applies only to a county with a population of 500,000 or more.

(b) The auditor board may apply to the county auditor and all the auditor's assistants in the county the rules that:

(1) are adopted by the commissioners court in the county for other county and district employees; and

(2) relate to:

(A) hours of work;

(B) vacations;

(C) holidays;

(D) sick leave;

(E) deductions for absences;

(F) retirement;

(G) medical care;

(H) hospitalization; and

(I) compensation, accident, hospital, and disability insurance.

(c) If the auditor board does not exercise the board's authority under Subsection (b), the county auditor may, to the extent the auditor determines and with the approval of a majority of the board, apply the rules to the county auditor and the auditor's assistants.

(d) If a county auditor or an assistant to the auditor is jointly employed by two or more subdivisions of government, the rules that are applied to that person may be changed accordingly. To achieve uniform application of the rules, the person may be considered to be employed and paid by only one subdivision, but the expenses of administration and contributions may be prorated to the different employing subdivisions.

(e) This section does not affect any other law that applies to the time, method, and manner of appointment or discharge of the county auditor or an assistant to the auditor or that applies to the number or salaries of those persons.

SECTION 9. Sections 84.021(a), (b), and (e), Local Government Code, are amended to read as follows:

(a) From time to time the county auditor may certify to the auditor board [district judges] a list stating the number of assistants to be appointed, the name, duties, qualifications, and experience of each appointee, and the salary to be paid each appointee. The board [district judges], after careful consideration of the application for the appointment of the assistants and after inquiry concerning the appointees' qualifications, the positions sought to be filled, and the reasonableness of the requested salaries, shall prepare a list of the appointees that the board approves [judges approve] and the salary to be paid each. The board [judges] shall certify this list to the commissioners court, which shall order the salaries to be paid on the performance of services and shall appropriate an adequate amount of money for this purpose.

(b) If an emergency exists, the county auditor shall recommend the appointment of temporary assistants, and after a hearing held in the manner provided by [accordance with] Section 152.905, the auditor board [district judges] shall determine the number, salaries, and duration of employment of the assistants.

(e) The county auditor may discharge an assistant. The auditor board has [district judges approving an appointment have] the right annually to withdraw the approval and change the number of assistants permitted.

SECTION 10. Sections 152.031(a) and (b), Local Government Code, are amended to read as follows:

(a) At a hearing held in the manner provided by [accordance with] Section 152.905, the [district judges appointing the county] auditor board or combined auditor board that appointed the county auditor shall set, by a majority vote, the auditor's annual salary as compensation for services and the auditor's travel expenses and other allowances. The action of the board [district judges] must be taken by order and must be recorded in the manner provided [as prescribed] by Section 152.905 and in the minutes of the board [district court].

(b) The presiding officer of the auditor board [district clerk] shall certify the order to the commissioners court of the county for its observance. The commissioners court shall cause the order to be recorded in its minutes.

SECTION 11. Sections 152.905(a), (b), and (d), Local Government Code, are amended to read as follows:

(a) This section applies only to the compensation of [the county auditor, assistant auditors, and] court reporters.

(b) Before setting the amount of annual compensation of [the county auditor, assistant auditors, and] court reporters, the district judge or judges shall hold a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard.

(d) At the hearing, the district judge or judges shall set the amount of compensation of [the county auditor, assistant auditors, and] court reporters considered at the hearing. The vote must be recorded, transcribed, and maintained as a public record.

SECTION 12. The heading to Section 157.902, Local Government Code, is amended to read as follows:

Sec. 157.902. PERSONNEL RULES APPLYING TO JUVENILE [AND] PROBATION OFFICERS AND[,] COURT REPORTERS[, AND COUNTY AUDITOR'S OFFICE] IN COUNTIES OF 500,000 OR MORE.

SECTION 13. Sections 157.902(b), (d), (f), and (g), Local Government Code, are amended to read as follows:

(b) The district judges in the county may, by a majority vote at a meeting of which each judge has notice, apply to all juvenile [and] probation officers and [appointed under Title 82, Revised Statutes,] all court reporters[, and the county auditor and all the auditor's assistants] in the county the rules that:

(1) are adopted by the commissioners court in the county for other county and district employees; and

(2) relate to hours of work; vacations; holidays; sick leave; deductions for absences; retirement; medical care; hospitalization; and compensation, accident, hospital, and disability insurance.

(d) If the district judges do not exercise their authority under Subsection (b):

(1) the juvenile board of the county may, to the extent the board determines, apply the rules to the juvenile [and] probation officers; and

(2) the district judges may, to the extent the judges determine by vote of a majority present, apply the rules to the court reporters[; and

[(3) the county auditor may, to the extent the auditor determines and with the approval of a majority of the district judges, apply the rules to the county auditor and the auditor's assistants].

(f) If a juvenile [or] probation officer[, a county auditor, or an assistant to the auditor] is jointly employed by two or more subdivisions of government, the rules that are applied to that person may be changed accordingly. To achieve uniform application of the rules, the person may be considered to be employed and paid by only one subdivision, but the expenses of administration and contributions may be prorated to the different employing subdivisions.

(g) This section does not affect any other law that applies to the time, method, and manner of appointment or discharge of a juvenile [or] probation officer or[,] a court reporter[, or the county auditor or an assistant to the auditor] or that applies to the number or salaries of those persons.

SECTION 14. (a) The changes in law made by this Act to Sections 84.002, 84.003, 84.005(a), 84.006(b), 84.007, and 84.008(b) and (d), Local Government Code, apply only to the appointment of a county auditor whose term of office begins on or after January 1, 2015. The appointment of a county auditor whose term begins before January 1, 2015, is governed by the law in effect when the appointment is made, and the former law is continued in effect for that purpose.

(b) The commissioners court of each county shall appoint an auditor board for the county not later than January 10, 2014.

SECTION 15. This Act takes effect January 1, 2014.