31 TAC §§525.1-525.8
The Texas State Soil and Water Conservation Board proposes
new §§31 TAC 525.1 - 525.8, concerning audit requirements for soil
and water conservation districts. The section defines words and terms in the
chapter, describes the duty to audit, form of the audit, exemptions to audits,
access to and maintenance of district records, filing of audits, and audit
procedures for district division and reorganization.
Bobbie Stephens, Assistant Executive Director, Administration has determined
that there will be fiscal implications as a result of enforcing or administering
the rules. Effect on state government for the first five-year period the rules
will be in effect will be none. Effect on local government for the first five-year
period the rules will be in effect will be a reduction in cost for 1999 of
$170,850.00, 2000 of $0.00, 2001 of $170,850.00, 2002 of $0.00, and 2003 of
$170,850.00.
Ms. Stephens has also determined that for each year of the first five years
the rules as proposed are in effect the public benefits anticipated as a result
of enforcing the rules as proposed will be that the cost saving to local soil
and water conservation districts will be used to enhance conservation efforts
at the local level resulting in a general benefit to the public.
Comments on the proposal may be submitted to Robert G. Buckley, Executive
Director, Texas State Soil and Water Conservation Board, PO Box 658, Temple,
Texas 76503.
The new sections are proposed under Chapter 2001.020 Agriculture
Code, which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture Code.
No other articles, statutes, or codes are affected by these sections.
§525.1.Policy Statement.
It is the policy of the State Soil and Water Conservation Board to
develop and implement audit guidelines that adequately safeguard assets administered
within the purview of this agency in a cost effective manner. In accordance
with this purpose, §§525.1-525.8 of this title (relating to Audits
of Districts) are adopted.
§525.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
District - A soil and water conservation district created
under the Agriculture Code of Texas, Chapter 201.
(2)
Manual of Fiscal Operations --- An accounting manual
prepared by the State Board designed to be used by each district as a manual
of operations.
(3)
State Board --- The Texas State Soil and Water Conservation
Board created under the Agriculture Code of Texas, Chapter 201.
§525.3.Duty to Audit.
(a)
The directors of each district created under Chapter 201,
Agriculture Code of Texas, shall have the district's fiscal accounts and records
audited as of August 31 of each even numbered year.
(b)
The person who performs the audit shall be a certified
public accountant or public accountant holding a permit from the Texas State
Board of Public Accountancy.
(c)
The audit required by this section shall be completed no
later than 120 days after the end of each biennial audit period.
§525.4.Form of the Audit.
Except as otherwise provided by the Manual of Fiscal Operations, the
audit shall be performed according to the generally accepted auditing standards
adopted by the American Institute of Certified Public Accountants and shall
include the auditor's opinion as to the fair presentation of the financial
statements taken as a whole.
§525.5.Audit Exemption.
(a)
A district may elect to file an annual financial report
as of August 31 of each year in lieu of the district's compliance with §525.3
of this title (relating to duty to audit) provided:
(1)
the district had no long term (more than one year) liabilities
outstanding during the biennial period other than rent/lease contracts;
(2)
the district did not have gross state revenues in
excess of $20,000 in any year of the biennial period;
(3)
the district's State Fund cash, receivables, and short
term investments balances were not in excess of $25,000 in any year of the
biennial period; and
(4)
the district is not otherwise required to have its
accounts and records audited in compliance with a funding agreement with any
federal, county, or other agency.
(b)
The annual financial report must be reviewed and approved
by the district directors and so recorded in the minutes of the board meeting
at which such action was taken.
(c)
The annual financial report must be accompanied by an affidavit
signed by the district's current chairman, vice chairman, and secretary attesting
to the accuracy and authenticity of the financial report
(d)
Districts governed by this section are subject to periodic
audits by the State Board.
§525.6.Access to and Maintenance of District Records.
The State Board shall have access to all vouchers, checks, receipts,
district fiscal and financial records, and other district records, which the
State Board considers necessary for the review of an audit report or annual
financial report.
§525.7.Filing of Audits and Annual Financial Reports.
(a)
A copy of the Audit Report or the Annual Financial Report
required by this subchapter shall be filed with the Governor's Office, the
Legislative Budget Board, and the State Board.
(b)
Districts not exempted by §525.5 of this title (relating
to audit exemption) must file three copies of the Audit Report with the State
Board no later than 120 days after August 31 of even numbered years.
(c)
Districts governed by the provisions of §525.5 of
this title must file three copies of the Annual Financial Report with the
State Board no later than 60 days after August 31 of each year.
(d)
The filings required by subsections (b) and (c) of this
section will satisfy the filing requirement for subsection (a) of this section.
(e)
After proper review the State Board will forward the required
copies of the Audit Report or the Annual Financial Report to the Governor's
Office and the Legislative Budget Board.
§525.8.District Divisions and Reorganizations.
(a)
Other sections of this subchapter notwithstanding an audit
of the accounts and records of a district dividing, reorganizing, or dissolving
under the provisions of Chapter 201. Subchapter C, of the Agriculture Code
must be performed by an individual meeting the requirements of §525.3(c)
of this title (relating to Duty to Audit).
(b)
The period to be covered by the audit is from the date
of the most recent audit or financial report through the date of division,
reorganization, or dissolution.
(c)
Three copies of the audit required by this section must
be filed with the State Board no later than 15 days prior to the date of division,
reorganization, or dissolution.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March
26, 1999.
TRD-9901783
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: May 9, 1999
For further information, please call: (512) 773-2250