88R13036 MCF-F
 
  By: Leach H.B. No. 4633
 
 
 
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.