Texas 2025 - 89th Regular

Texas Senate Bill SB427 Compare Versions

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11 By: Hinojosa of Hidalgo S.B. No. 427
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2+ (In the Senate - Filed November 21, 2024; February 3, 2025,
3+ read first time and referred to Committee on Local Government;
4+ March 17, 2025, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 6, Nays 0; March 17, 2025,
6+ sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR S.B. No. 427 By: Cook
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611 A BILL TO BE ENTITLED
712 AN ACT
813 relating to the eligibility of certain political subdivisions to
914 receive a state loan or grant following the political subdivision's
1015 failure to comply with certain financial reporting requirements.
1116 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1217 SECTION 1. Chapter 140, Local Government Code, is amended
1318 by adding Section 140.014 to read as follows:
1419 Sec. 140.014. ELIGIBILITY FOR STATE LOANS OR GRANTS
1520 FOLLOWING FAILURE TO COMPLY WITH CERTAIN ANNUAL FINANCIAL REPORTING
1621 REQUIREMENTS. (a) In this section:
1722 (1) "Annual financial statement or report" means:
1823 (A) a municipality's annual financial statement
1924 required to be filed under Section 103.003;
2025 (B) a county's:
2126 (i) annual report required to be filed
2227 under Section 114.025; or
2328 (ii) annual financial exhibit required to
2429 be published under Section 114.022 if the county does not have a
2530 county auditor; or
2631 (C) a political subdivision's annual financial
2732 statement required to be published under Section 140.006.
2833 (2) "Disaster" has the meaning assigned by Section
2934 418.004, Government Code.
3035 (b) Except as provided by Subsection (e), a political
3136 subdivision that fails to file or publish an annual financial
3237 statement or report as required by law is not eligible to receive a
3338 state loan or grant under a state program for the political
3439 subdivision's fiscal year in which the political subdivision was
3540 required to file or publish the statement or report.
3641 (c) Except as provided by Subsection (e), a political
3742 subdivision created under Section 52, Article III, or Section 59,
3843 Article XVI, Texas Constitution, is not eligible to receive a state
3944 loan or grant in a fiscal year in which:
4045 (1) the political subdivision is required by financial
4146 reporting requirements prescribed by the agency administering the
4247 state loan or grant to publish a financial statement or report; and
4348 (2) the political subdivision fails to file or publish
4449 the financial statement or report described by Subdivision (1).
4550 (d) Each application for a state program for which a
4651 political subdivision may not be eligible for a loan or grant under
4752 this section must:
4853 (1) include a statement notifying the applicant of the
4954 requirement of this section; and
5055 (2) require the political subdivision to demonstrate
5156 compliance in the manner prescribed by the state agency
5257 administering the loan or grant.
5358 (e) Subsections (b) and (c) do not apply to a political
5459 subdivision that:
5560 (1) fails to file or publish a financial statement or
5661 report because of a disaster; and
5762 (2) provides the following to the agency administering
5863 the state loan or grant:
5964 (A) written notice detailing the circumstances
6065 of the disaster and its impact on the compliance with the financial
6166 reporting requirements;
6267 (B) a disaster declaration issued by the governor
6368 under Chapter 418, Government Code, or any documentation from a
6469 federal, state, or local authority confirming the occurrence of the
6570 disaster;
6671 (C) a plan for compliance, including an estimated
6772 timeline for filing or publishing the required financial statement
6873 or report; and
6974 (D) any additional documentation required by the
7075 agency responsible for administering the loan or grant.
7176 SECTION 2. The change in law made by this Act applies only
7277 to a financial statement or report required to be filed or published
7378 on or after January 1, 2026.
7479 SECTION 3. This Act takes effect September 1, 2025.
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