Section 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;(3) the state auditor; and(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.Tex. Gov't. Code § 76.004
Amended By Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 11, eff. 6/15/2007.Amended By Acts 2005, 79th Leg., Ch. 255, Sec. 3, eff. 5/30/2005.Amended by Acts 2001, 77th Leg., ch. 207, Sec. 1, eff. 9/1/2001.Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. 9/1/1995.