TITLE: Relating to financial responsibilities and requirements of community supervision and corrections departments and certain judges.

SUMMARY: Relating to financial responsibilities and requirements of community supervision and corrections departments and certain judges.

FULL TEXT:
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.