4 | 9 | | |
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5 | 10 | | |
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6 | 11 | | A BILL TO BE ENTITLED |
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7 | 12 | | AN ACT |
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8 | 13 | | relating to the eligibility of certain political subdivisions to |
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9 | 14 | | receive a state loan or grant following the political subdivision's |
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10 | 15 | | failure to comply with certain financial reporting requirements. |
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11 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 17 | | SECTION 1. Chapter 140, Local Government Code, is amended |
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13 | 18 | | by adding Section 140.014 to read as follows: |
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14 | 19 | | Sec. 140.014. ELIGIBILITY FOR STATE LOANS OR GRANTS |
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15 | 20 | | FOLLOWING FAILURE TO COMPLY WITH CERTAIN ANNUAL FINANCIAL REPORTING |
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16 | 21 | | REQUIREMENTS. (a) In this section: |
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17 | 22 | | (1) "Annual financial statement or report" means: |
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18 | 23 | | (A) a municipality's annual financial statement |
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19 | 24 | | required to be filed under Section 103.003; |
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20 | 25 | | (B) a county's: |
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21 | 26 | | (i) annual report required to be filed |
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22 | 27 | | under Section 114.025; or |
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23 | 28 | | (ii) annual financial exhibit required to |
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24 | 29 | | be published under Section 114.022 if the county does not have a |
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25 | 30 | | county auditor; or |
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26 | 31 | | (C) a political subdivision's annual financial |
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27 | 32 | | statement required to be published under Section 140.006. |
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28 | 33 | | (2) "Disaster" has the meaning assigned by Section |
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29 | 34 | | 418.004, Government Code. |
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30 | 35 | | (b) Except as provided by Subsection (e), a political |
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31 | 36 | | subdivision that fails to file or publish an annual financial |
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32 | 37 | | statement or report as required by law is not eligible to receive a |
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33 | 38 | | state loan or grant under a state program for the political |
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34 | 39 | | subdivision's fiscal year in which the political subdivision was |
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35 | 40 | | required to file or publish the statement or report. |
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36 | 41 | | (c) Except as provided by Subsection (e), a political |
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37 | 42 | | subdivision created under Section 52, Article III, or Section 59, |
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38 | 43 | | Article XVI, Texas Constitution, is not eligible to receive a state |
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39 | 44 | | loan or grant in a fiscal year in which: |
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40 | 45 | | (1) the political subdivision is required by financial |
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41 | 46 | | reporting requirements prescribed by the agency administering the |
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42 | 47 | | state loan or grant to publish a financial statement or report; and |
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43 | 48 | | (2) the political subdivision fails to file or publish |
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44 | 49 | | the financial statement or report described by Subdivision (1). |
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45 | 50 | | (d) Each application for a state program for which a |
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46 | 51 | | political subdivision may not be eligible for a loan or grant under |
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47 | 52 | | this section must: |
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48 | 53 | | (1) include a statement notifying the applicant of the |
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49 | 54 | | requirement of this section; and |
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50 | 55 | | (2) require the political subdivision to demonstrate |
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51 | 56 | | compliance in the manner prescribed by the state agency |
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52 | 57 | | administering the loan or grant. |
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53 | 58 | | (e) Subsections (b) and (c) do not apply to a political |
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54 | 59 | | subdivision that: |
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55 | 60 | | (1) fails to file or publish a financial statement or |
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56 | 61 | | report because of a disaster; and |
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57 | 62 | | (2) provides the following to the agency administering |
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58 | 63 | | the state loan or grant: |
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59 | 64 | | (A) written notice detailing the circumstances |
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60 | 65 | | of the disaster and its impact on the compliance with the financial |
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61 | 66 | | reporting requirements; |
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62 | 67 | | (B) a disaster declaration issued by the governor |
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63 | 68 | | under Chapter 418, Government Code, or any documentation from a |
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64 | 69 | | federal, state, or local authority confirming the occurrence of the |
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65 | 70 | | disaster; |
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66 | 71 | | (C) a plan for compliance, including an estimated |
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67 | 72 | | timeline for filing or publishing the required financial statement |
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68 | 73 | | or report; and |
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69 | 74 | | (D) any additional documentation required by the |
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70 | 75 | | agency responsible for administering the loan or grant. |
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71 | 76 | | SECTION 2. The change in law made by this Act applies only |
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72 | 77 | | to a financial statement or report required to be filed or published |
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73 | 78 | | on or after January 1, 2026. |
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74 | 79 | | SECTION 3. This Act takes effect September 1, 2025. |
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