Section 163.43 - Funding and Financial Management(a) Funding. (1) Qualifying for Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) Formula and Grant Funding. Community supervision and corrections departments (CSCDs or departments) qualify for TDCJ CJAD state aid by: (A) Being in substantial compliance with TDCJ CJAD standards;(B) Having a community justice council that serves the jurisdiction as required by law;(C) Having a TDCJ CJAD approved community justice plan with related budgets;(D) Having a director, appointed as described in Texas Government Code § 76.004, to administer all CSCD funds;(E) Having a fiscal officer appointed by the district judge(s) manage the CSCD as set forth in subsection (b) of this rule; and(F) Complying with the Open Meetings Act, Texas Government Code Chapter 551 when meeting to finalize the CSCD budget as required by Texas Local Government Code § 140.004.(2) Other Entities Qualifying for TDCJ CJAD Grant Funding. In addition to CSCDs, counties, municipalities and nonprofit organizations qualify for TDCJ CJAD grant funding by: (A) Being in substantial compliance with TDCJ CJAD grant conditions;(B) Having budgets related to the program proposal; and(C) Designating a chief fiscal officer to account for, protect, disburse, and report on all TDCJ CJAD grant funding, and to prescribe the accounting procedures related thereto.(3) Allocating State Aid. State aid shall be made available to eligible funding recipients in accordance with the applicable statutory requirements and items set forth in the Financial Management Manual for TDCJ CJAD Funding issued by TDCJ CJAD.(4) Awarding TDCJ CJAD Grant Funding. CSCDs, counties, municipalities and nonprofit organizations that are eligible to receive grant funding shall meet requirements as set forth in the Financial Management Manual for TDCJ CJAD Funding and be approved by the TDCJ CJAD director to receive such funds. Grant funding shall be made available in accordance with statutory requirements and items as set forth in the Financial Management Manual for TDCJ CJAD Funding.(b) Financial Procedures. (1) Requested Information from CSCDs and Other Potentially Eligible TDCJ CJAD Funding Recipients. Each funding recipient shall present data, documents, and information requested by the TDCJ CJAD as necessary to determine the amount of state financial aid to be allocated to the recipient. A funding recipient receiving TDCJ CJAD funding shall submit such reports, records, and other documentation as required by the TDCJ CJAD.(2) Deposit of TDCJ CJAD Funding. In accordance with Texas Local Government Code § 140.003, each CSCD, county or municipality shall deposit all TDCJ CJAD funding received in the county treasury or municipal treasury, as appropriate, to be used on behalf of the department and as the CSCD directs. Nonprofit organizations shall deposit all TDCJ CJAD funding received in a separate fund, to be used solely for the provision of services, programs, and facilities approved by TDCJ CJAD.(3) Fee Deposit. Community supervision fees and payments by offenders shall be deposited into the same special fund of the county treasury receiving state financial aid, to be used for community supervision and correction services.(4) Restrictions on CSCD Generated Revenue. CSCD generated revenue shall be used in accordance with statutory requirements and items set forth in the Financial Management Manual for TDCJ CJAD Funding.(5) Available Records. The funding recipient and the fiscal officer accounting for, disbursing, and reporting on the TDCJ CJAD funding shall make financial, transaction, contract, computer, and other records available to TDCJ CJAD. Funding recipients shall provide financial reports and other records to TDCJ CJAD as set forth in the Financial Management Manual for TDCJ CJAD Funding.(6) Budgets. Funding recipients shall prepare and operate from a budget(s) developed and approved within the guidelines set forth in the Financial Management Manual for TDCJ CJAD Funding.(7) Funding Recipient Obligations. Funding recipients shall comply with all funding provisions as set forth in the Financial Management Manual for TDCJ CJAD Funding and any special conditions associated with the respective funding awards.(8) Honesty Bond. CSCD directors shall ensure that all public monies are protected by requiring that all employees with access to monies are covered by honesty bonds and all funds maintained on CSCD premises are protected by appropriate insurance or bonding.(9) Travel Reimbursements. Mileage and per diem reimbursements to CSCD employees shall be in accordance with the Financial Management Manual for TDCJ CJAD Funding.(c) Determination and Recovery of Unexpended Monies. Determination and return by the CSCD of unexpended funds shall be in accordance with the Financial Management Manual for TDCJ CJAD Funding.(d) Facilities, Utilities, and Equipment. (1) CSCDs. In accordance with Texas Government Code § 76.008, the county or counties served by a CSCD shall provide, at a minimum, facilities, equipment, and utilities for the department as follows: (A) Minimum Facilities for CSCDs. Each community supervision officer (CSO) shall be provided a private office. Each office shall have the necessary lighting, air conditioning, equipment, privacy, and environment to provide and promote the delivery of professional community corrections services.(B) Minimum Utilities for CSCDs. Each CSCD office shall be provided adequate utilities necessary to provide efficient and professional community corrections services.(C) Minimum Equipment for CSCDs. Each CSO shall be furnished adequate furniture, telephone, and other equipment as necessary and consistent with efficient office operations. Adequate insurance, maintenance, and repair of the CSCD's equipment shall be maintained.(D) Location. Each CSCD office providing direct court services shall be located in the courthouse or as near to the courthouse as practically possible to promote prompt and efficient services to the court.(E) Satellite Offices. Satellite CSCD offices shall be established in the appropriate areas of the judicial district to provide efficient supervision of and service to offenders as dictated by population, caseload size, or geographical distance.(2) Inventory. Inventory and disposal of equipment, furniture, and vehicles purchased with program funds shall follow the guidelines in the Financial Management Manual for TDCJ CJAD Funding. In addition: (A) All equipment, furniture, and vehicles purchased with program funds shall be inventoried with TDCJ CJAD in accordance with procedures set forth in the Financial Management Manual for TDCJ CJAD Funding.(B) Any CSCD or other entity wanting to dispose of equipment, furniture, and vehicles purchased with program funds shall adhere to procedures set forth in the Financial Management Manual for TDCJ CJAD Funding.(e) Certification of Facilities, Utilities, and Equipment for CSCDS. Certification of facilities, utilities, and equipment for CSCDs shall be in accordance with Texas Government Code § 76.009, and as provided in the Financial Management Manual for TDCJ CJAD Funding.37 Tex. Admin. Code § 163.43
The provisions of this §163.43 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective July 15, 1996, 21 TexReg 6084; amended to be effective April 15, 1997, 22 TexReg 3437; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2962; amended to be effective January 2, 2014 38 TexReg 9604