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A BILL TO BE ENTITLED
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AN ACT
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relating to financial responsibilities and requirements of |
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community supervision and corrections departments and certain |
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judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.652(f), Code of Criminal Procedure, |
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is amended to read as follows: |
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(f) A judge shall deposit any reimbursement fee received |
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under this article in the account described by Section |
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76.009(a-1)(1)(A), Government Code [special fund of the county |
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treasury], to be used for the same purposes for which state aid may |
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be used under Chapter 76, Government Code. |
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SECTION 2. Section 76.004(c), Government Code, is amended |
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to read as follows: |
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(c) The judges described by Section 76.002 may appoint for |
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the department a fiscal officer, other than the county |
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auditor. The fiscal officer is responsible for: |
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(1) managing and protecting funds, fees, state aid, |
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and receipts to the same extent that a county auditor manages county |
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funds and funds of other local entities; |
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(2) ensuring that financial transactions of the |
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department are lawful and allowable; [and] |
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(3) prescribing accounting procedures for the |
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department; and |
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(4) preventing the commingling of funds, fees, and |
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state aid. |
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SECTION 3. Section 76.009, Government Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) The department shall: |
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(1) maintain at least two separate accounts in the |
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special fund of the county treasury described by Section |
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509.011(c), of which: |
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(A) one account must be used for the deposit of |
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all local fees collected, including reimbursement fees and program |
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participant fees; and |
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(B) one account must be used for the deposit of |
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state aid received from the division; |
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(2) prescribe accounting procedures to prevent the |
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commingling of funds, fees, and state aid; and |
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(3) not later than the 90th day after the last day of a |
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state fiscal biennium, transfer any unexpended and unencumbered |
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state aid received by the department for that biennium to the |
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division. |
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(a-2) The division shall transfer money received from the |
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department under Subsection (a-1)(3) to the state treasury. |
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SECTION 4. Section 76.015(b), Government Code, is amended |
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to read as follows: |
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(b) A department that collects a reimbursement fee [money] |
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under this section shall deposit the fee in the account described by |
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Section 76.009(a-1)(1)(A), to be used for the same purposes for |
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which state aid may be used under this chapter [promptly transfer |
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the money collected to the appropriate county or state officer]. |
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SECTION 5. Section 509.011(g), Government Code, is |
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repealed. |
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SECTION 6. This Act takes effect September 1, 2023. |