37 Tex. Admin. Code § 163.43 – Funding and Financial Management

(a) Funding
1. (1) Qualifying for Texas Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD) Formula and Grant Funding. Community Supervision and Corrections Departments (CSCDs) qualify for TDCJ-CJAD state aid by:
  1. (A) Being in substantial compliance with TDCJ-CJAD standards;
  2. (B) Having a community justice council that serves the jurisdiction as required by law;
  3. (C) Having a TDCJ-CJAD approved community justice plan with related budgets;
  4. (D) Having a director, appointed as described in Texas Government Code §76.004, to administer all CSCD funds;
  5. (E) Having a fiscal officer appointed by the district judge(s) manage the CSCD as set forth in subsection (b) of this rule; and
  6. (F) Complying with the Open Meetings Act, Chapter 551, Texas Government Code, when meeting to finalize the CSCD budget as required by Texas Local Government Code §140.004.
2. (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:
  1. (A) Being in substantial compliance with TDCJ-CJAD grant conditions;
  2. (B) Having budgets related to the program proposal; and
  3. (C) Designating a chief fiscal officer to account for, protect, disburse and report on all TDCJ-CJAD grant funding, and prescribing to the accounting procedures related thereto.
3. (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. (4) Awarding TDCJ-CJAD Grant Funding. CSCDs, counties, municipalities and nonprofit organizations who 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. (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. (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 a special fund of 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. (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. (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. (5) Available Records. The funding recipient and/or 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 referenced Financial Management Manual for TDCJ-CJAD Funding.
6. (6) Budgets. Funding recipients shall prepare and operate from a budget(s) developed and approved within the guidelines set forth in the referenced Financial Management Manual for TDCJ-CJAD Funding.
7. (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. (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. (9) Travel Reimbursements. Mileage and per diem shall not be less than the state rates and no higher than the county rates if the county rates are higher than the state rates.
(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. (1) CSCDs. In accordance with Texas Government Code §76.008, the county or counties served by a CSCD shall provide, at a minimum, the following facilities, equipment and utilities for the department.
  1. (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.
  2. (B) Minimum Utilities for CSCDs. Each CSCD office shall be provided adequate utilities necessary to provide efficient and professional community corrections services.
  3. (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.
  4. (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.
  5. (E) Satellite Offices. Satellite CSCD offices shall be established in the area of the judicial district to provide efficient supervision of and service to offenders as dictated by population, caseload size or geographical distance.
2. (2) Inventory. Inventory and disposal of equipment, furniture and/or vehicles purchased with program funds shall follow the guidelines in the Financial Management Manual for TDCJ-CJAD Funding. In addition:
  1. (A) All equipment, furniture and vehicles purchased with program funds shall be inventoried with TDCJ-CJAD in accordance with procedures set forth in the referenced Financial Management Manual for TDCJ-CJAD Funding.
  2. (B) Any CSCD or other entity wanting to dispose of equipment, furniture, and/or vehicles purchased with program funds shall adhere to procedures set forth in the referenced 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 §76.010, and as provided in the referenced Financial Management Manual for TDCJ-CJAD Funding.

Source Note: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.