TX Govt Code § 76.004 (2021)
2021 Texas Statutes|Government Code|Title 2 - Judicial Branch|Subtitle F - Court Administration|Chapter 76 - Community Supervision and Corrections Departments|Section 76.004. Department Director; Fiscal Officer

Sec. 76.004.  DEPARTMENT DIRECTOR; FISCAL OFFICER.  (a)  After complying with the requirements of Subsection (h), the judges described by Section 76.002 shall appoint a department director who must meet, at a minimum, the eligibility requirements for officers established under Section 76.005.(a-1)  The department director shall perform or delegate the responsibility for performing the following duties:(1)  overseeing the daily operations of the department;(2)  preparing annually or biennially a budget for the department;(3)  negotiating and entering into contracts on behalf of the department;(4)  establishing policies and procedures for all functions of the department;(5)  developing personnel policies and procedures, including disciplinary proceedings; and(6)  establishing procedures and practices through which the department will address an employment-related grievance.(b)  The department director shall employ a sufficient number of officers and other employees to conduct presentence investigations, supervise and rehabilitate defendants placed on community supervision, enforce the conditions of community supervision, and staff community corrections facilities.  A person employed under this subsection is an employee of the department and not of the judges or judicial districts.(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.(d)  The judges described by Section 76.002 may appoint a person as fiscal officer only after investigating the person and determining that the person is:(1)  a person of unquestionably good moral character and intelligence; and(2)  a financial officer with at least two years' experience in auditing and accounting.(e)  A fiscal officer appointed under this section, before beginning employment and not later than the 20th day after the date of appointment, shall:(1)  take an oath stating that the person meets the qualifications required by this section and will not have a personal interest in any contract entered into by the department; and(2)  execute a good and sufficient surety bond that:(A)  is in the amount of $5,000 or more;(B)  is approved by and payable to the judges described by Section 76.002; and(C)  is conditioned on the faithful performance by the fiscal officer of the officer's duties.(f)  The judges described by Section 76.002 shall set the annual compensation of a fiscal officer appointed under this section, and the department shall pay all costs related to the functions of the fiscal officer.(g)  Subsections (c)-(f) do not diminish the rights of the following officers or entities to examine and audit accounts, records, receipts, and expenditures of a department:(1)  the county auditor of a county served by the department;(2)  the comptroller;(3)  the state auditor; and(4)  the division.(h)  When there is a vacancy in the position of department director, the judges described by Section 76.002 shall:(1)  publicly advertise the position;(2)  post a job description, the qualifications for the position, and the application requirements;(3)  conduct a competitive hiring process and adhere to state and federal equal employment opportunity laws; and(4)  review applicants who meet the posted qualifications and comply with the application requirements.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 207, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 255 (H.B. 1326), Sec. 3, eff. May 30, 2005.Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 11, eff. June 15, 2007.|