32
County Treasurers Association New Treasurers Orientation - December 2020 Abilene Financial Reports Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043

Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

County Treasurer’s Association

New Treasurer’s Orientation - December 2020 Abilene

Financial Reports

Dianna Spieker

Tom Green County Treasurer

[email protected]

325-653-1043

Page 2: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 2

LOCAL GOVERNMENT CODE

TITLE 4. FINANCES

SUBTITLE B. COUNTY FINANCES

CHAPTER 114. COUNTY FINANCIAL REPORTS

Sec. 114.044. REPORT TO COMMISSIONERS COURT AT REGULAR TERM BY OFFICER WHO COLLECTS FINES, JUDGMENTS, OR JURY FEES. (a) Each district clerk, county clerk, county judge, county treasurer, sheriff, district attorney, county attorney, constable, or justice of the peace who collects or handles any money for the use of the county shall make a full report at least once a month at a regular term to the commissioners court on all fines imposed and collected, all judgments rendered and collected for the use of the county, and all jury fees collected by the respective courts in favor of or for the use of the county and, at the time of the report, shall present the receipts and vouchers that show the disposition of the money, fines, or judgments.

(b) Each report must fully state: (1) the name of the person fined and the amount of the fine or the name of the

person against whom judgment was rendered and the amount of the judgment; (2) the style, number, and date of each case in which a fine was imposed or a

judgment rendered; or (3) the amount of the jury fees collected, the style and number of the case in

which each jury fee was collected, and the name of the person from whom the fee was collected. (c) The court shall carefully examine the reports, receipts, and vouchers. If the court

finds them to be correct, the court shall direct the county clerk to enter the information in the county finance records. If they are found to be incorrect, the court shall summon before the court the officer making the report and shall have corrections made. The reports, receipts, and vouchers shall be filed in the county clerk's office.

Page 3: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 3

Sample Report

January 7, 2015 To the Honorable Tom Green County Commissioner's Court

Re: report due to Commissioner's Court (Local Government Code 114.044) J.P. Pct. 4 December 2014 official revenue $33,456.98 Enclosed is a receipt journal for Justice of the Peace, Pct 4 for the month of December 2014. The receipt journal accurately reflects a copy of all receipts given and daily deposits for said month , having a total of $33,586.98. The official revenue reported to OCA does not include over payments in the amount of $130.00

Receipt journal $33,586.98 Over payments - $ 130.00 $33,456.98

Page 4: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 4

Sec. 114.026. COUNTY TREASURER'S REPORT TO COMMISSIONERS COURT AT REGULAR TERM. (a) At least once a month at a regular term of the commissioners court, the county treasurer shall make a detailed report of:

(1) money received and disbursed; (2) debts due to and owed by the county; and (3) all other proceedings in the treasurer's office.

(b) At least once a month at a regular term of the commissioners court, the county treasurer shall exhibit the books and accounts of the treasurer's office for the inspection of the court and shall submit the vouchers relating to the books and accounts for audit and approval.

(c) After the commissioners court has compared and examined the treasurer's report and has determined that the report is correct, the court shall enter an order in its minutes approving the report. The order must separately state the amount received and paid from each fund since the county treasurer's preceding report and any balance remaining in the treasurer's custody. The court shall properly credit the treasurer's accounts.

(d) Before the adjournment of a regular term of the commissioners court, the county judge and each county commissioner shall give an affidavit stating that the requirements of Subsection (c) have been met at that term. The affidavit must state the amount of the cash and other assets that are in the custody of the county treasurer at the time of the examination. The affidavits must be filed with the county clerk and must be recorded in the minutes of the court for the term in which the affidavits are filed. The affidavits must be published once in a newspaper published in the county if there is such a newspaper or, if the county has an Internet website, on the county's website.

Page 5: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 5

Page 6: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 6

Treasurer’s Monthly Report Prepared by Dianna Spieker, Tom Green County Treasurer

Section 1 – Fund Balances

Summary of Funds Page _ __

Trial Balance for Cash Per Fund Page _ __

Trial Balance for Investments Per Fund Page _ __

Section 2 - Cash Flow

Interest Page _ _

Bank Service Charge Page _ _

Credit Card and Efile Accounts Page _ _

Section 3 - Debt

Bond Indebtedness Page ___

Section 4 - Collateral

Wells Fargo Bank Collateral Page ___ Funds the Bank has pledged on behalf of Tom Green County, per the Bank Depository Bid.

Page 7: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 7

https://www.tomgreencountytx.gov/page/ft.FinancialTransparency

Page 8: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 8

Sec. 114.021. COUNTY TREASURER'S TABULAR STATEMENT TO COMMISSIONERS COURT AT REGULAR TERM. (a) In a county that does not have the office of county auditor, the county treasurer shall present a tabular statement at each regular term of the commissioners court. The treasurer shall present the statement during the second day of the court's term.

(b) In the statement, the treasurer shall report on the condition of the county finances for the three-month period preceding the month in which the court meets in regular session. In the statement, the treasurer shall specify:

(1) the names of the creditors of the county; (2) each item of county indebtedness with its respective date of accrual; (3) the name of each person to whom money has been paid and the amount paid;

and (4) the name of each person from whom money has been received, the date of

the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or debit of each fund.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by:

Acts 2007, 80th Leg., R.S., Ch. 207 (H.B. 398), Sec. 1, eff. May 25, 2007.

Sec. 114.024. COUNTY AUDITOR'S REPORT TO COMMISSIONERS COURT AT REGULAR MEETING. At each regular meeting of the commissioners court, the county auditor shall present a tabulated report of:

(1) the county's receipts and disbursements of funds; and (2) the accounts of the county.

Page 9: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 9

Sec. 114.025. COUNTY AUDITOR'S MONTHLY AND ANNUAL REPORTS TO COMMISSIONERS COURT AND DISTRICT JUDGES. (a) The county auditor shall make monthly and annual reports to the commissioners court and to the district judges of the county. Each report must show:

(1) the aggregate amounts received and disbursed from each county fund; (2) the condition of each account on the books; (3) the amount of county, district, and school funds on deposit in the county

depository; (4) the amount of county bonded indebtedness and other indebtedness; and (5) any other fact of interest, information, or suggestion that the auditor

considers proper or that the court or district judges require. (b) The annual report must include a record of all transactions made during a calendar

year. The auditor shall file the annual report at a regular or special term of the commissioners court held during the month of April of the following year. The auditor shall file a copy of the report with the district judges of the county.

(c) At the time the annual audit is delivered to the commissioners court and the district judges, the auditor shall send to the bonding company of each district, county, and precinct officer a report indicating the condition of that person's office.

Page 10: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 10

TOM GREEN COUNTY SAN ANGELO, TEXAS

OFFICE OF THE AUDITOR

November 30, 2020

The Honorable Commissioners Court

Tom Green County

San Angelo, Texas

Gentlemen:

Attached is the Auditor’s report for December 2014 which consists of the Munis generated report Statement of Revenues – Year to Date Budget Report for General Fund, Road & Bridge Funds and the Grant Funds (600 series) and the Statement of Expenses – Year to Date Budget Report for General Fund, Road & Bridge Funds and the Grant Funds (600 series). Also included are additional statements to detail the General Ledger information. These include: a statement consolidating monthly receipts and disbursements for each fund; a statement summarizing cash and cash equivalents of each fund; and a statement detailing the bonded indebtedness of Tom Green County.

Very cordially,

Nathan Cradduck

County Auditor

Accepted for the record:

Honorable Stephen Floyd

County Judge

Page 11: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 11

Sec. 114.061. COUNTY TREASURER'S MONTHLY CLAIMS REPORT TO COUNTY CLERK. (a) At the end of each month, the county treasurer shall file in the office of the county clerk a claims report that shows the total amount of claims registered by the county treasurer during the month. The treasurer shall report each class of claims separately.

(b) The county clerk shall enter the claims report in the county finance ledger under the heading of "Registered indebtedness of the county." The clerk shall keep a separate account of each class of indebtedness.

(c) From the reports made by the treasurer of disbursements, the clerk shall credit the accounts with the total amount of vouchers of each class of claims paid.

Page 12: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 12

Page 13: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 13

Page 14: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 14

LOCAL GOVERNMENT CODE

TITLE 4. FINANCES

SUBTITLE B. COUNTY FINANCES

CHAPTER 113. MANAGEMENT OF COUNTY MONEY

Sec. 113.0001. DEFINITIONS. In this chapter:

(1) "Depository" means the financial institution selected under Section 116.021 for safekeeping of the county treasury.

(2) "Depository account" means an account covered by the depository agreement, including required collateral.

(3) "Money" means an item or medium of exchange such as coins, currency, checks, or other means of payment, including electronic payment.

(4) "Treasury" means the money belonging to the county held by the county treasurer.

Sec. 113.001. COUNTY TREASURER AS CHIEF CUSTODIAN OF MONEY. The county treasurer, as chief custodian of county funds, shall keep in a designated depository and shall account for all money belonging to the county.

Sec. 113.002. COUNTY TREASURER'S RECORD OF RECEIPTS AND EXPENDITURES. The county treasurer shall keep an account of the receipts and expenditures of all money that the treasurer receives by virtue of the office and of all debts due to and owed by the county. The treasurer shall keep accurate, detailed accounts of all the transactions of the treasurer's office.

Sec. 113.003. RECEIPT OF MONEY BY COUNTY TREASURER. The county treasurer shall receive all money belonging to the county from whatever source it may be derived.

Page 15: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 15

Sec. 113.008. RECONCILIATION OF DEPOSITORY ACCOUNTS. (a) The county depository shall provide statements of all bank activity and documentation supporting a statement's transactions not less than once a month to the county treasurer.

(b) The county depository shall provide the information required by Subsection (a) to the official responsible for the account if:

(1) the checks and orders for payment are payable from funds under the direct authority of an official other than the county treasurer as provided by statute; and

(2) the official has not delegated the responsibility for reconciliation under Subsection (b-1).

(b-1) The official may request the county treasurer to be responsible for the reconciliation of the checks and orders for payment payable from the funds that are under the direct authority of the official. Except as provided by Subsection (g), an official who fails to reconcile the official's special accounts monthly shall transfer responsibility for account reconciliation to the county treasurer. Unless the official and county treasurer set another period in writing for the duration of a transfer under this section, the transfer is effective for the duration of the term of office for the designating officer.

(c) In fulfilling the requirements of Subsections (a) and (b), the county depository shall provide, at the direction of the county treasurer and in accordance with the rules adopted by the Texas State Library and Archives Commission, originals, optical images, or electronic images of:

(1) canceled checks and orders for payment; (2) deposit detail; (3) debit and credit memoranda; or (4) electronic transmission detail.

(d) The county treasurer shall: (1) reconcile all balances and transactions for each treasury account in the

county depository's statement of activity to the transactions and balances shown on the treasurer's records; and

(2) ensure all financial adjustments are made regarding the depository account as required.

(e) In this section, a reference to the county treasurer includes a person performing the duties of the county treasurer.

(f) Except as provided by Subsection (g), an official with special funds in the depository bank shall:

(1) reconcile all balances and transactions in the statement of activity to the transactions and balances shown on the official's records; and

Page 16: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 16

(2) each month, ensure all financial adjustments resulting from the reconciliation are reported to the county auditor for entry in the general set of records and reflected in the cash receipts and disbursement registers of the county treasurer.

(g) Subsections (b-1) and (f)(2) do not apply to a special fund administered by an attorney representing the state under Chapter 18, 47, or 59, Code of Criminal Procedure.

Attorney General’s Opinion GA-0636

SUMMARY County officers who collect fees for the county must deposit the funds with the county treasurer or in the county treasury as required by Local Government Code chapter 1 13 or 133, absent a specific statute providing for a different disposition. A county sheriff, county clerk, district clerk, or justice of the peace may not deposit the county funds the officer collects in an individual bank account in the county's depository that enables the officer to control and withdraw funds. The county auditor may "adopt and enforce regulations, not inconsistent with law" for collecting, checking, and accounting for the revenues and other funds and fees that belong to the county. Where county officers who collect county funds are required by statute to deposit them with the county treasurer or in the county treasury, the county auditor may not by regulation authorize a county officer to place those funds in an individual bank account in the county's depository under the officer's own name or enable the individual officer to control and disburse those funds. If such bank accounts have been opened, the agreement with the bank should state who would be authorized to close the account. In all likelihood, this person would be the county officer who opened the account. An official who collects fees under Local Government Code chapter 13 3 must deposit them in the county treasury. Checks written on accounts set up for fee funds collected by a county official and deposited in the county treasury are to be signed by the treasurer and the county auditor.

Page 17: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 17

Sec. 113.021. REQUIREMENT THAT MONEY BE DEPOSITED WITH COUNTY TREASURER; INTEREST. (a) The fees, commissions, funds, and other money belonging to a county shall be deposited with the county treasurer by the person who collects the money. The person must deposit the money in accordance with any applicable procedures prescribed by or under Section 112.001 or 112.002. However, the county tax assessor-collector must deposit the money in accordance with the procedures prescribed by or under the Tax Code and other laws.

(b) The county treasurer shall deposit the money in the county depository in the proper fund to the credit of the person or department collecting the money.

(c) The interest accruing on the money in the fund is for the benefit of the county in accordance with other law.

Sec. 113.022. TIME FOR MAKING DEPOSITS. (a) A county officer or other person who receives money shall deposit the money with the county treasurer on or before the next regular business day after the date on which the money is received. If this deadline cannot be met, the officer or person must deposit the money, without exception, on or before the fifth business day after the day on which the money is received. However, in a county with fewer than 50,000 inhabitants, the commissioners court may extend the period during which funds must be deposited with the county treasurer, but the period may not exceed 15 days after the date the funds are received.

(b) A county treasurer shall deposit the money received under Subsection (a) in the county depository in accordance with Section 116.113(a). In all cases, the treasurer shall deposit the money on or before the seventh business day after the date the treasurer receives the money.

See also Code of Criminal Procedure 103: Page 26

Sec. 113.041. DISBURSEMENT OF MONEY BY COUNTY TREASURER; PAYMENT BY CHECK OR ELECTRONIC TRANSMISSION; LOST OR DESTROYED INSTRUMENT. (a) The county treasurer shall disburse the money belonging to the county and shall pay and apply the money as required by law and as the commissioners court may require or direct, not inconsistent with law.

(b) Except as provided by Chapter 156, a person may not spend or withdraw money from the county treasury except by a check or order for payment drawn on the county treasury, whether or not the money is in a county depository as required by law.

Page 18: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 18

(c) The county treasurer may not disburse money out of the county treasury without an order for payment from an officer who is authorized by law to issue the order.

(d) If the county treasurer doubts the legality or propriety of an order presented to the treasurer for payment, the treasurer may not make the payment. The treasurer shall report the matter to the commissioners court for the court's consideration and direction. The treasurer may require that the claim supporting the order be made available and verified by an affidavit after the claim is approved for payment by the commissioners court.

(d-1) In a county without a county auditor, the county treasurer may not make a payment if the treasurer has reason to believe that the check or order for payment is not valid as a proper and budgeted item of expenditure. The treasurer shall report the matter to the commissioners court for consideration and direction.

(e) If the county treasurer is satisfied that an original check or other order drawn on the county treasury by a proper authority is lost or destroyed, the treasurer may issue a duplicate instrument in place of the original. The treasurer may not issue a duplicate until an applicant has filed an affidavit with the treasurer that states that the applicant is the true owner of the original instrument and that, to the best knowledge and belief of the applicant, the original is lost or destroyed.

(f) The treasurer may require an applicant for a duplicate instrument to execute a bond with two or more good and sufficient sureties in an amount that is double the amount of the claim. The bond must be:

(1) notarized; (2) made payable to the county judge; (3) conditioned that the applicant will hold the county harmless; (4) conditioned that the applicant will return to the treasurer on demand by the

treasurer the duplicate instrument or the amount of money named in the duplicate, including any costs that accrue against the county in collecting the amount; and

(5) approved by the treasurer. (g) If, after issuance of the duplicate instrument, the county treasurer determines that

the duplicate was issued improperly or that the applicant or person to whom the duplicate was issued is not the owner of the original instrument, the treasurer shall immediately stop payment or demand the return of the amount paid by the county, if the duplicate is paid. If the person fails to return the amount of the instrument, the treasurer shall institute a suit for recovery through the office of the county or district attorney. Venue for the suit lies in the county in which the treasurer serves.

Page 19: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 19

(h) A county treasurer may not honor a check or order for payment on the interest and sinking fund provided for a bond of the county or pay out or divert money in that fund except to pay the principal of or interest on the bond or invest money in securities as provided by law.

Sec. 113.042. ENDORSEMENT BY COUNTY TREASURER; OTHER

REQUIREMENTS FOR ORDER FOR PAYMENT. (a) On the presentation of an order for payment, check, or voucher drawn by a proper authority, and if there are sufficient funds for payment on deposit in the account against which the instrument is drawn, the county treasurer shall endorse on the face of the instrument the order to pay the named payee and shall charge the amount in the treasurer's records to the fund on which it is drawn.

(b) The county treasurer may not issue and the county depository may not pay a check drawn on the county depository to take up an order for payment drawn by a proper authority, but the county treasurer shall, on the presentation of the order, endorse the order and deliver it to the payee, who may present it to the county depository for payment.

(c) The treasurer may not endorse an instrument designated as a time deposit until after the notice and time requirements in the depository contract that designates the funds as time deposits are met.

(d) If a bond, coupon, or other instrument is payable on its own terms at any place other than the county treasury, this section does not prevent the commissioners court from ordering the treasurer to place a sufficient sum at the location where the instrument is payable at the time and place of its maturity, as long as the payment is made in the manner prescribed by law.

(e) Each check or order for payment issued or drawn by an officer under the provisions of this section is subject to all laws and rules relating to auditing and countersigning.

(f) Each order for payment or scrip issued against the county treasurer by a judge or court must be signed and attested by the clerk or judge of the court under that officer's official seal.

(g) A justice of the peace may not issue an order for payment against the county treasury for any purpose except as may be provided by the Code of Criminal Procedure.

Sec. 113.043. COUNTERSIGNATURE BY COUNTY AUDITOR. In a county with a county auditor, the county treasurer and the county depository may not pay a check or order for payment unless it is countersigned by the county auditor to validate it as a proper and budgeted item of expenditure. This section does not apply to a check or order for jury service or for restitution collected on behalf of an individual as authorized by law.

Page 20: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 20

Sec. 113.901. REQUIREMENTS FOR APPROVAL OF ACCOUNTS AND REQUISITIONS. (a) Except as provided by Subsection (c), a county auditor may not audit or approve an account for the purchase of supplies or materials for the use of the county or of a county officer unless a requisition, signed by the officer ordering the supplies or materials and approved by the county judge, is attached to the account. The requisition requirement is in addition to any other requirements of law.

(b) The requisition must be made, signed, and approved in triplicate. The original must be delivered to the person from whom the purchase is to be made before the purchase is made. The duplicate copy must be filed with the county auditor. The triplicate copy must remain with the officer requesting the purchase. This subsection does not apply to a county that operates an electronic requisition system.

(c) The commissioners court of a county that has the office of county auditor may, by a written order, waive the requirement of the county judge's approval of requisitions. The order must be recorded in the minutes of the commissioners court. If the approval of the county judge is waived, all claims must be approved by the commissioners court in open court.

(d) The commissioners court of a county may establish an electronic requisition system to perform the functions required by Subsection (a). The county auditor, subject to the approval of the commissioners court, shall establish procedures for administering the system.

(e) An electronic requisition system established under this section must be able to electronically transmit data to and receive data from the county's financial system in a manner that meets professional, regulatory, and statutory requirements and standards, including those related to purchasing, auditing, and accounting.

LOCAL GOVERNMENT CODE

TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY

SUBTITLE B. COUNTY ACQUISITION, SALE, OR LEASE OF PROPERTY

CHAPTER 262. PURCHASING AND CONTRACTING AUTHORITY OF COUNTIES

Page 21: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 21

Sec. 113.902. PROSECUTION TO COLLECT DEBT OWED TO COUNTY; RECOVERY OF ATTORNEY'S FEES AND COSTS. (a) The county treasurer shall direct prosecution for the recovery of any debt owed to the county, as provided by law, and shall supervise the collection of the debt.

(b) In a proceeding to recover a delinquent debt owed to the county, including a delinquent account, loan, interest payment, tax, charge, fee, fine, penalty, or claim on a judgment, the county attorney may recover reasonable attorney's fees and investigative and court costs incurred on behalf of the county. The county attorney may recover the fees and costs in the same manner as provided by law for a private litigant.

(c) This section does not apply to the recovery of a delinquent ad valorem tax owed to the county.

Sec. 154.025. DISBURSEMENTS TO PERSONS WITH OUTSTANDING DEBT PROHIBITED. (a) In this section, "debt" includes delinquent taxes, fines, fees, and indebtedness arising from written agreements with the county. The term includes delinquent property taxes whether reduced to judgment or not.

(b) If notice of indebtedness has been filed with the county auditor and county treasurer evidencing the indebtedness of a person to the state, the county, or a salary fund, a warrant may not be drawn on a county fund in favor of a person, or an agent or assignee of a person, until:

(1) the county treasurer, or the county auditor in a county without a county treasurer, notifies in writing the person owing the debt that the debt is outstanding; and

(2) the debt is paid. (c) A county may apply any funds the county owes a person to the outstanding balance

of debt for which notice is made under Subsection (b)(1), if the notice includes a statement that the amount owed by the county to the person may be applied to reduce the outstanding debt.

(d) A county may include a notice in its forms, bonds, or other agreements stating that the county may offset payments to a person in accordance with this section.

Page 22: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 22

Court Compliance Treasurer Indigent Health Care 122 West Harris 112 West Beauregard 19 N Irving San Angelo, Texas 76903 San Angelo, Texas 76903 San Angelo, Texas 76903 325-659-6469 325-659-6520 325-659-6566 325-659-3243 Fax 325-659-6440 Fax 325-659-4863 Fax [email protected] [email protected] [email protected] Date Name Address City, State Z.C. RE: Unpaid Property Taxes Account # To Whom It May Concern: Tom Green County Tax Appraisal District records indicate that you own one or more properties with delinquent property taxes. In accordance with the attached Local Government Code 154.025, when a debt owed to the County is reported, all future payments owed to vendors/employees from Tom Green County must be withheld and applied to the debt owed until paid in full. To avoid this action, payment must be made to the TGC Appraisal District within 10 business days of the date of this letter. Penalties and interest accrue monthly until paid. Please contact the following should you have questions or wish to arrange payment, as we are sure that you are anxious to settle this debt and avoid any further action. Upon release notification from the TGC Tax Appraisal District, Tom Green County will return your vendor status to active, and release any remaining funds due.

Tara Mills, Attorney at Law

Dean & Dean Attorneys at Law (325) 658-3273

TGC Tax Appraisal District

2302 Pulliam, San Angelo, Texas Sincerely, Dianna Spieker TGC Treasurer

Dianna Spieker CCT, CIO “Your” Tom Green County Treasurer

Page 23: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 23

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND

MANAGEMENT

CHAPTER 2256. PUBLIC FUNDS INVESTMENT

SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES

Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES;

INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control.

(b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and

capability of investment management; and (4) include:

(A) a list of the types of authorized investments in which the investing entity's funds may be invested;

(B) the maximum allowable stated maturity of any individual investment owned by the entity;

(C) for pooled fund groups, the maximum dollar-weighted average maturity allowed based on the stated maturity date for the portfolio;

(D) methods to monitor the market price of investments acquired with public funds;

(E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis; and

Page 24: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 24

(F) procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021.

(c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods.

(d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance:

(1) understanding of the suitability of the investment to the financial requirements of the entity;

(2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment

before maturity; (5) diversification of the investment portfolio; and (6) yield.

(e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies.

(f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and

Page 25: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 25

care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity.

(g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds.

Sec. 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall:

(1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and

(2) except as provided by Subsections (b) and (e), attend an investment training session not less than once in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government.

(b) An investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity.

Page 26: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 26

(c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter.

(d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar.

(e) This section does not apply to a district governed by Chapter 36 or 49, Water Code.

Sec. 2256.023. INTERNAL MANAGEMENT REPORTS. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period.

(b) The report must: (1) describe in detail the investment position of the entity on the date of the

report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement of each pooled fund group that states the:

(A) beginning market value for the reporting period; (B) ending market value for the period; and (C) fully accrued interest for the reporting period;

(5) state the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested;

(6) state the maturity date of each separately invested asset that has a maturity date;

(7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and

(8) state the compliance of the investment portfolio of the state agency or local government as it relates to:

(A) the investment strategy expressed in the agency's or local government's investment policy; and

(B) relevant provisions of this chapter.

Page 27: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 27

(c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period.

(d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor.

Page 28: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 28

Page 29: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 29

Page 30: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 30

Page 31: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 31

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES

CHAPTER 156. ELECTRONIC FUNDS TRANSFER OF

COMPENSATION AND REIMBURSEMENT OF COUNTY OFFICERS AND EMPLOYEES

Sec. 156.001. TRANSFER SYSTEM AUTHORIZED. The county treasurer may

establish and operate an electronic funds transfer system to make any authorized transfer from the county treasury. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 343, Sec. 2, eff. May 29, 1993. Amended by:

Acts 2007, 80th Leg., R.S., Ch. 934 (H.B. 3439), Sec. 8, eff. September 1, 2007.

Sec. 156.003. ADMINISTRATION OF SYSTEM. The county auditor or, if the county does not have a county auditor, the chief financial officer of the county, with the approval of the commissioners court, shall establish the procedures for administering the system and may use the services of financial institutions, automated clearinghouses, and the federal government. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 156.004. TRANSFER TO MULTIPLE PAYEES. A single transfer may contain payments to multiple payees without the necessity of issuing individual warrants for each payee.

Page 32: Dianna Spieker Tom Green County Treasurer of...the receipt, and the name of the account for which it is received. (c) The treasurer shall list separately the amount to the credit or

Dianna Spieker Tom Green County Treasurer [email protected] 325-653-1043 Page 32

CODE OF CRIMINAL PROCEDURE

TITLE 2. CODE OF CRIMINAL PROCEDURE

CHAPTER 103. COLLECTION AND RECORDKEEPING

Art. 103.004. DISPOSITION OF COLLECTED MONEY. (a) Except as provided by Subsection (c), an officer who collects recognizances, bail bonds, fines, forfeitures, judgments, jury fees, and other obligations recovered in the name of the state under any provision of this title shall deposit the money in the county treasury not later than the next regular business day after the date that the money is collected. If it is not possible for the officer to deposit the money in the county treasury by that date, the officer shall deposit the money in the county treasury as soon as possible, but not later than the fifth regular business day after the date that the money is collected.

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 606, Sec. 31(a), eff. September 1, 2011.

(c) The commissioners court of a county with a population of less than 50,000 may authorize an officer who is required to deposit money under Subsection (a) to deposit the money in the county treasury not later than the 15th day after the date that the money is collected.

(d) The custodian of the county treasury shall deposit money received from fees imposed under Article 102.012 in the special fund of the county treasury for the community supervision and corrections department serving the county