88R13036 MCF-F
By: Hughes S.B. No. 1744
A BILL TO BE ENTITLED
AN ACT
relating to financial responsibilities and requirements of
community supervision and corrections departments and certain
judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.652(f), Code of Criminal Procedure,
is amended to read as follows:
(f) A judge shall deposit any reimbursement fee received
under this article in the account described by Section
76.009(a-1)(1)(A), Government Code [special fund of the county
treasury], to be used for the same purposes for which state aid may
be used under Chapter 76, Government Code.
SECTION 2. Section 76.004(c), Government Code, is amended
to read as follows:
(c) The judges described by Section 76.002 may appoint for
the department a fiscal officer, other than the county
auditor. The fiscal officer is responsible for:
(1) managing and protecting funds, fees, state aid,
and receipts to the same extent that a county auditor manages county
funds and funds of other local entities;
(2) ensuring that financial transactions of the
department are lawful and allowable; [and]
(3) prescribing accounting procedures for the
department; and
(4) preventing the commingling of funds, fees, and
state aid.
SECTION 3. Section 76.009, Government Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) The department shall:
(1) maintain at least two separate accounts in the
special fund of the county treasury described by Section
509.011(c), of which:
(A) one account must be used for the deposit of
all local fees collected, including reimbursement fees and program
participant fees; and
(B) one account must be used for the deposit of
state aid received from the division;
(2) prescribe accounting procedures to prevent the
commingling of funds, fees, and state aid; and
(3) not later than the 90th day after the last day of a
state fiscal biennium, transfer any unexpended and unencumbered
state aid received by the department for that biennium to the
division.
(a-2) The division shall transfer money received from the
department under Subsection (a-1)(3) to the state treasury.
SECTION 4. Section 76.015(b), Government Code, is amended
to read as follows:
(b) A department that collects a reimbursement fee [money]
under this section shall deposit the fee in the account described by
Section 76.009(a-1)(1)(A), to be used for the same purposes for
which state aid may be used under this chapter [promptly transfer
the money collected to the appropriate county or state officer].
SECTION 5. Section 509.011(g), Government Code, is
repealed.
SECTION 6. This Act takes effect September 1, 2023.