| 1 | 1 | | 88R13036 MCF-F |
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| 2 | 2 | | By: Hughes S.B. No. 1744 |
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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 financial responsibilities and requirements of |
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| 8 | 8 | | community supervision and corrections departments and certain |
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| 9 | 9 | | judges. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42A.652(f), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (f) A judge shall deposit any reimbursement fee received |
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| 14 | 14 | | under this article in the account described by Section |
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| 15 | 15 | | 76.009(a-1)(1)(A), Government Code [special fund of the county |
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| 16 | 16 | | treasury], to be used for the same purposes for which state aid may |
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| 17 | 17 | | be used under Chapter 76, Government Code. |
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| 18 | 18 | | SECTION 2. Section 76.004(c), Government Code, is amended |
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| 19 | 19 | | to read as follows: |
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| 20 | 20 | | (c) The judges described by Section 76.002 may appoint for |
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| 21 | 21 | | the department a fiscal officer, other than the county |
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| 22 | 22 | | auditor. The fiscal officer is responsible for: |
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| 23 | 23 | | (1) managing and protecting funds, fees, state aid, |
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| 24 | 24 | | and receipts to the same extent that a county auditor manages county |
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| 25 | 25 | | funds and funds of other local entities; |
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| 26 | 26 | | (2) ensuring that financial transactions of the |
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| 27 | 27 | | department are lawful and allowable; [and] |
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| 28 | 28 | | (3) prescribing accounting procedures for the |
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| 29 | 29 | | department; and |
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| 30 | 30 | | (4) preventing the commingling of funds, fees, and |
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| 31 | 31 | | state aid. |
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| 32 | 32 | | SECTION 3. Section 76.009, Government Code, is amended by |
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| 33 | 33 | | adding Subsections (a-1) and (a-2) to read as follows: |
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| 34 | 34 | | (a-1) The department shall: |
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| 35 | 35 | | (1) maintain at least two separate accounts in the |
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| 36 | 36 | | special fund of the county treasury described by Section |
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| 37 | 37 | | 509.011(c), of which: |
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| 38 | 38 | | (A) one account must be used for the deposit of |
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| 39 | 39 | | all local fees collected, including reimbursement fees and program |
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| 40 | 40 | | participant fees; and |
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| 41 | 41 | | (B) one account must be used for the deposit of |
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| 42 | 42 | | state aid received from the division; |
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| 43 | 43 | | (2) prescribe accounting procedures to prevent the |
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| 44 | 44 | | commingling of funds, fees, and state aid; and |
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| 45 | 45 | | (3) not later than the 90th day after the last day of a |
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| 46 | 46 | | state fiscal biennium, transfer any unexpended and unencumbered |
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| 47 | 47 | | state aid received by the department for that biennium to the |
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| 48 | 48 | | division. |
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| 49 | 49 | | (a-2) The division shall transfer money received from the |
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| 50 | 50 | | department under Subsection (a-1)(3) to the state treasury. |
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| 51 | 51 | | SECTION 4. Section 76.015(b), Government Code, is amended |
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| 52 | 52 | | to read as follows: |
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| 53 | 53 | | (b) A department that collects a reimbursement fee [money] |
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| 54 | 54 | | under this section shall deposit the fee in the account described by |
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| 55 | 55 | | Section 76.009(a-1)(1)(A), to be used for the same purposes for |
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| 56 | 56 | | which state aid may be used under this chapter [promptly transfer |
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| 57 | 57 | | the money collected to the appropriate county or state officer]. |
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| 58 | 58 | | SECTION 5. Section 509.011(g), Government Code, is |
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| 59 | 59 | | repealed. |
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| 60 | 60 | | SECTION 6. This Act takes effect September 1, 2023. |
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