1 | 1 | | 87R9668 SMT-D |
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2 | 2 | | By: Dean H.B. No. 4192 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to deadlines associated with proposing and adopting a |
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8 | 8 | | budget for certain counties. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 111.003(a), Local Government Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (a) Not later than the 60th day before the first day [During |
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13 | 13 | | the 7th or the 10th month] of the fiscal year, [as determined by the |
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14 | 14 | | commissioners court,] the county judge, assisted by the county |
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15 | 15 | | auditor or county clerk, shall prepare a budget to cover all |
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16 | 16 | | proposed expenditures of the county government for the succeeding |
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17 | 17 | | fiscal year. |
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18 | 18 | | SECTION 2. Section 111.006(a), Local Government Code, is |
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19 | 19 | | amended to read as follows: |
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20 | 20 | | (a) Not later than the 60th day before the first day of the |
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21 | 21 | | fiscal year [When the county judge has completed the preparation of |
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22 | 22 | | the budget], the county judge shall file a copy of the proposed |
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23 | 23 | | budget with the county clerk. |
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24 | 24 | | SECTION 3. Sections 111.007(b) and (c), Local Government |
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25 | 25 | | Code, are amended to read as follows: |
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26 | 26 | | (b) The commissioners court shall hold [set] the hearing not |
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27 | 27 | | later than the 10th [for a date after the 15th] day after [of the |
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28 | 28 | | month next following] the day [month in which] the budget is filed |
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29 | 29 | | under [was prepared in accordance with] Section 111.006 [111.003, |
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30 | 30 | | Local Government Code], but before the date the commissioners court |
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31 | 31 | | adopts the county's ad valorem tax rate for the current tax year [on |
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32 | 32 | | which taxes are levied by the court]. |
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33 | 33 | | (c) The commissioners court shall give public notice that it |
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34 | 34 | | will consider the proposed budget on the date of the hearing. The |
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35 | 35 | | notice must state the date, time, and location of the hearing. The |
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36 | 36 | | notice must include, in type of a size at least equal to the type |
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37 | 37 | | used for other items in the notice, any statement required to be |
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38 | 38 | | included in the proposed budget under Section 111.003(b). The |
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39 | 39 | | commissioners court shall give notice under this subsection: |
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40 | 40 | | (1) not earlier than the 30th day before the date of |
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41 | 41 | | the hearing; and |
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42 | 42 | | (2) not later than the 10th day before the date of the |
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43 | 43 | | hearing. |
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44 | 44 | | SECTION 4. Section 111.008(a), Local Government Code, is |
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45 | 45 | | amended to read as follows: |
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46 | 46 | | (a) After [At] the conclusion of the public hearing but not |
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47 | 47 | | later than the 10th day before the first day of the fiscal year, the |
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48 | 48 | | commissioners court shall take action on the proposed budget. A |
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49 | 49 | | vote to adopt the budget must be a record vote. |
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50 | 50 | | SECTION 5. Section 111.033(a), Local Government Code, is |
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51 | 51 | | amended to read as follows: |
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52 | 52 | | (a) Not later than the 60th day [Within 30 days] before the |
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53 | 53 | | first day of each fiscal year [or on or immediately after that first |
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54 | 54 | | day], the county auditor shall prepare a budget to cover the |
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55 | 55 | | proposed expenditures of the county government for that fiscal |
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56 | 56 | | year. |
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57 | 57 | | SECTION 6. Section 111.037(a), Local Government Code, is |
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58 | 58 | | amended to read as follows: |
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59 | 59 | | (a) Not later than the 60th day before the first day of the |
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60 | 60 | | fiscal year, the [The] county auditor shall file a copy of the |
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61 | 61 | | proposed budget with the county clerk. |
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62 | 62 | | SECTION 7. Sections 111.038(b) and (c), Local Government |
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63 | 63 | | Code, are amended to read as follows: |
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64 | 64 | | (b) The commissioners court shall hold the hearing not later |
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65 | 65 | | than the 10th [on a] day [within 10 calendar days] after the day |
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66 | 66 | | [date] the proposed budget is filed under Section 111.037 but |
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67 | 67 | | before the date the commissioners court adopts the county's ad |
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68 | 68 | | valorem tax rate for the current tax year [the last day of the first |
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69 | 69 | | month of the fiscal year]. |
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70 | 70 | | (c) The commissioners court shall publish notice that it |
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71 | 71 | | will consider the proposed budget on the date of the budget hearing. |
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72 | 72 | | The notice must be published once in a newspaper of general |
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73 | 73 | | circulation in the county and must state the date, time, and |
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74 | 74 | | location of the hearing. The commissioners court shall give notice |
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75 | 75 | | under this subsection: |
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76 | 76 | | (1) not earlier than the 30th day before the date of |
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77 | 77 | | the hearing; and |
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78 | 78 | | (2) not later than the 10th day before the date of the |
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79 | 79 | | hearing. |
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80 | 80 | | SECTION 8. Section 111.039(a), Local Government Code, is |
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81 | 81 | | amended to read as follows: |
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82 | 82 | | (a) After [At] the conclusion of the public hearing but not |
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83 | 83 | | later than the 10th day before the first day of the fiscal year, the |
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84 | 84 | | commissioners court shall take action on the proposed budget. A |
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85 | 85 | | vote to adopt the budget must be a record vote. |
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86 | 86 | | SECTION 9. The changes in law made by this Act apply to a |
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87 | 87 | | budget proposed by a county commissioners court for a fiscal year |
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88 | 88 | | beginning on or after the effective date of this Act. |
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89 | 89 | | SECTION 10. This Act takes effect immediately if it |
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90 | 90 | | receives a vote of two-thirds of all the members elected to each |
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91 | 91 | | house, as provided by Section 39, Article III, Texas Constitution. |
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92 | 92 | | If this Act does not receive the vote necessary for immediate |
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93 | 93 | | effect, this Act takes effect September 1, 2021. |
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