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.