87R9668 SMT-D
By: Dean H.B. No. 4192
A BILL TO BE ENTITLED
AN ACT
relating to deadlines associated with proposing and adopting a
budget for certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 111.003(a), Local Government Code, is
amended to read as follows:
(a) Not later than the 60th day before the first day [During
the 7th or the 10th month] of the fiscal year, [as determined by the
commissioners court,] the county judge, assisted by the county
auditor or county clerk, shall prepare a budget to cover all
proposed expenditures of the county government for the succeeding
fiscal year.
SECTION 2. Section 111.006(a), Local Government Code, is
amended to read as follows:
(a) Not later than the 60th day before the first day of the
fiscal year [When the county judge has completed the preparation of
the budget], the county judge shall file a copy of the proposed
budget with the county clerk.
SECTION 3. Sections 111.007(b) and (c), Local Government
Code, are amended to read as follows:
(b) The commissioners court shall hold [set] the hearing not
later than the 10th [for a date after the 15th] day after [of the
month next following] the day [month in which] the budget is filed
under [was prepared in accordance with] Section 111.006 [111.003,
Local Government Code], but before the date the commissioners court
adopts the county's ad valorem tax rate for the current tax year [on
which taxes are levied by the court].
(c) The commissioners court shall give public notice that it
will consider the proposed budget on the date of the hearing. The
notice must state the date, time, and location of the hearing. The
notice must include, in type of a size at least equal to the type
used for other items in the notice, any statement required to be
included in the proposed budget under Section 111.003(b). The
commissioners court shall give notice under this subsection:
(1) not earlier than the 30th day before the date of
the hearing; and
(2) not later than the 10th day before the date of the
hearing.
SECTION 4. Section 111.008(a), Local Government Code, is
amended to read as follows:
(a) After [At] the conclusion of the public hearing but not
later than the 10th day before the first day of the fiscal year, the
commissioners court shall take action on the proposed budget. A
vote to adopt the budget must be a record vote.
SECTION 5. Section 111.033(a), Local Government Code, is
amended to read as follows:
(a) Not later than the 60th day [Within 30 days] before the
first day of each fiscal year [or on or immediately after that first
day], the county auditor shall prepare a budget to cover the
proposed expenditures of the county government for that fiscal
year.
SECTION 6. Section 111.037(a), Local Government Code, is
amended to read as follows:
(a) Not later than the 60th day before the first day of the
fiscal year, the [The] county auditor shall file a copy of the
proposed budget with the county clerk.
SECTION 7. Sections 111.038(b) and (c), Local Government
Code, are amended to read as follows:
(b) The commissioners court shall hold the hearing not later
than the 10th [on a] day [within 10 calendar days] after the day
[date] the proposed budget is filed under Section 111.037 but
before the date the commissioners court adopts the county's ad
valorem tax rate for the current tax year [the last day of the first
month of the fiscal year].
(c) The commissioners court shall publish notice that it
will consider the proposed budget on the date of the budget hearing.
The notice must be published once in a newspaper of general
circulation in the county and must state the date, time, and
location of the hearing. The commissioners court shall give notice
under this subsection:
(1) not earlier than the 30th day before the date of
the hearing; and
(2) not later than the 10th day before the date of the
hearing.
SECTION 8. Section 111.039(a), Local Government Code, is
amended to read as follows:
(a) After [At] the conclusion of the public hearing but not
later than the 10th day before the first day of the fiscal year, the
commissioners court shall take action on the proposed budget. A
vote to adopt the budget must be a record vote.
SECTION 9. The changes in law made by this Act apply to a
budget proposed by a county commissioners court for a fiscal year
beginning on or after the effective date of this Act.
SECTION 10. 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, 2021.