81R8450 EAH-D
By: Legler H.B. No. 4301
A BILL TO BE ENTITLED
AN ACT
relating to the availability of certain county, municipal, and
school district financial information on certain Internet
websites.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 44, Education Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. FINANCIAL DISCLOSURE
Sec. 44.101. APPLICABILITY. This subchapter applies only
to a school district with 5,000 or more enrolled students.
Sec. 44.102. ELECTRONIC CHECKING ACCOUNT TRANSACTION
REGISTER. (a) A school district shall maintain the transaction
register for the district's checking account in a searchable
electronic spreadsheet format, such as a portable document format
(PDF) or similar file type, in which the transaction register is
readily available for purposes of Subsections (e) and (f). Except
as provided by Subsection (c) or (d), the electronic checking
account transaction register must include for each check written
from a district checking account:
(1) the transaction amount;
(2) the name of the payee; and
(3) either:
(A) a statement of the purpose of the expenditure
for which the check was written; or
(B) identification of the purpose of the
expenditure, using the function code assigned to the expenditure
for purposes of meeting state reporting requirements.
(a-1) Notwithstanding Subsection (a), beginning September
1, 2009, a school district's electronic checking account
transaction register must contain the information required by
Subsections (a)(1) and (2) for each check dated on or after August
1, 2009. Beginning September 1, 2010, a district's electronic
checking account transaction register must contain the information
required by Subsections (a)(1) through (3) for each check dated on
or after August 1, 2010. This subsection expires October 1, 2010.
(b) If the school district complies with Subsection (a)(3)
in the manner provided by Subsection (a)(3)(B), the district shall
post on the district's Internet website:
(1) a description of each function code used for state
reporting requirements; or
(2) a link to a page on the agency's Internet website
that describes each function code used for state reporting
requirements.
(c) A school district may not include in the district's
electronic checking account transaction register a check issued to
a district employee in payment of:
(1) salary, wages, or an employment stipend; or
(2) a workers' compensation income benefit, medical
benefit, death benefit, or burial benefit that is issued by a school
district operating as a self-insurer under Chapter 504, Labor Code.
(d) This section does not apply to a checking account
maintained by a school district or school campus solely for a
student activity fund.
(e) A school district shall prominently post the electronic
checking account transaction register at all times on the
district's Internet website for viewing and downloading by
interested persons.
(f) A school district shall share data from the electronic
checking account transaction register with any interested person
who requests the data.
(g) A school district shall:
(1) update the electronic checking account
transaction register at least once each month, not later than the
30th day after the closing date of the most recent monthly statement
for the checking account; and
(2) maintain each transaction or listing in the
electronic checking account transaction register on the district's
Internet website until the second anniversary of the date of the
transaction or listing.
Sec. 44.103. POSTING OF DISTRICT FUND BALANCES. (a) A
school district shall post on the district's Internet website a
statement of the district's obligated and unobligated fund
balances.
(b) A school district shall:
(1) update the statement of fund balances at least
once each month; and
(2) maintain each statement of fund balances on the
district's Internet website until the second anniversary of the
date of the statement.
SECTION 2. Subtitle C, Title 4, Local Government Code, is
amended by adding Chapter 134 to read as follows:
CHAPTER 134. FINANCIAL DISCLOSURE
Sec. 134.001. APPLICABILITY. This chapter applies only to:
(1) a municipality with a population of 15,000 or
more; and
(2) a county with a population of 25,000 or more.
Sec. 134.002. ELECTRONIC CHECKING ACCOUNT TRANSACTION
REGISTER. (a) The governing body of a municipality or
commissioners court of a county shall maintain the transaction
register for the municipality's or county's checking account in a
searchable electronic spreadsheet format, such as a portable
document format (PDF) or similar file type, in which the
transaction register is readily available for purposes of
Subsections (c) and (d). Except as provided by Subsection (b), the
electronic checking account transaction register must include for
each check written from a municipal or county checking account:
(1) the transaction amount;
(2) the name of the payee; and
(3) a statement of the purpose of the expenditure for
which the check was written.
(a-1) Notwithstanding Subsection (a), beginning September
1, 2009, a municipality's or county's electronic checking account
transaction register must contain the information required by
Subsections (a)(1) and (2) for each check dated on or after August
1, 2009. Beginning September 1, 2010, a municipality's or county's
electronic checking account transaction register must contain the
information required by Subsections (a)(1) through (3) for each
check dated on or after August 1, 2010. This subsection expires
October 1, 2010.
(b) A municipality or county may not include in the
municipality's or county's electronic checking account transaction
register a check issued to a municipal or county employee in payment
of:
(1) salary, wages, or an employment stipend; or
(2) a workers' compensation income benefit, medical
benefit, death benefit, or burial benefit that is issued by a school
district operating as a self-insurer under Chapter 504, Labor Code.
(c) A municipality or county shall prominently post the
electronic checking account transaction register at all times on
the municipality's or county's Internet website for viewing and
downloading by interested persons.
(d) A municipality or county shall share data from the
electronic checking account transaction register with any
interested person who requests the data.
(e) A municipality or county shall:
(1) update the electronic checking account
transaction register at least once each month, not later than the
30th day after the closing date of the most recent monthly statement
for the checking account; and
(2) maintain each transaction or listing in the
electronic checking account transaction register on the
municipality's or county's Internet website until the second
anniversary of the date of the transaction or listing.
Sec. 134.003. POSTING OF MUNICIPAL AND COUNTY FUND
BALANCES. (a) A municipality or county shall post on the
municipality's or county's Internet website a statement of the
municipality's or county's obligated and unobligated fund balances.
(b) A municipality or county shall:
(1) update the statement of fund balances at least
once each month; and
(2) maintain each statement of fund balances on the
municipality's or county's Internet website until the second
anniversary of the date of the statement.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.