| (a) Statutory provisions for fiscal accountability.
All districts as defined in Texas Water Code (TWC), §49.001(a)
are required to comply with the provisions of TWC, §§49.191
- 49.198 requiring every district to either have performed an annual
audit or to submit an annual financial dormancy affidavit or an annual
financial report.
(b) Accounting and auditing manual. All districts shall
comply with the accounting and auditing manual adopted by the executive
director. The manual shall consist of one publication, "Water District
Financial Management Guide." The manual may be revised as necessary
by the executive director.
(c) Duty to audit. The governing board of each district
created under the general law or by special act of the legislature
shall have the district's fiscal accounts and records audited annually
at the expense of the district. 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. Districts
with limited or no financial activity may qualify to prepare an unaudited
financial report, pursuant to subsection (e) of this section, or a
financial dormancy affidavit, pursuant to subsection (f) of this section.
(d) Form of audit. The audit shall be performed according
to generally accepted auditing standards adopted by the American Institute
of Certified Public Accountants. Financial statements shall be prepared
in accordance with generally accepted accounting principles as adopted
by the American Institute of Certified Public Accountants.
(e) Audit report exemption.
(1) A district may elect to submit annual financial
reports to the executive director in lieu of the district's compliance
with TWC, §49.191 provided:
(A) the district had no bonds or other long-term (more
than one year) liabilities outstanding during the fiscal period;
(B) the district did not have gross receipts from operations,
loans, taxes, or contributions in excess of $250,000 during the fiscal
period; and
(C) the district's cash and temporary investments were
not in excess of $250,000 at any time during the fiscal period.
(2) The annual financial report must be accompanied
by an affidavit, attesting to the accuracy and authenticity of the
financial report, signed by a duly authorized representative of the
district, which conforms with the format prescribed by the executive
director. Financial report and filing affidavit forms may be obtained
from the executive director.
(3) Districts governed by this section are subject
to periodic audits by the executive director.
(f) Financially dormant districts.
(1) A district may elect to prepare a financial dormancy
affidavit rather than an unaudited financial report, as prescribed
by subsection (e) of this section, provided:
(A) the district had $500 or less of receipts from
operations, tax assessments, loans, contributions, or any other sources
during the calendar year;
(B) the district had $500 or less of disbursements
of funds during the calendar year;
(C) the district had no bonds or other long-term (more
than one year) liabilities outstanding during the calendar year; and
(D) the district did not have cash or investments in
excess of $5,000 at any time during the calendar year.
(2) The required financial dormancy and filing affidavit
shall be prepared in a format prescribed by the executive director
and shall be submitted by a duly authorized representative of the
district. Financial dormancy affidavit forms may be obtained from
the executive director.
(3) Districts governed by this section are subject
to periodic audits by the executive director.
(g) Annual filing affidavit. Each district shall submit
annually with the executive director a filing affidavit which affirms
that copies of the district's audit report, financial report, or financial
dormancy affidavit have been filed within the district's business
office. Each district that files a financial report or a financial
dormancy affidavit will find that the annual filing affidavit has
been incorporated within those documents, so a separate filing affidavit
form is not necessary. However, each district that submits an audit
report must execute and submit, together with the audit, an annual
filing affidavit when the audit is submitted with the executive director.
Annual filing affidavits must conform to the format prescribed by
the executive director. Filing affidavit forms may be obtained from
the executive director.
(h) Submitting of audits, financial reports, and affidavits.
(1) Submittal dates.
(A) Audits. Audit reports and the annual filing affidavits
that must accompany those reports shall be submitted as prescribed
by paragraph (2) of this subsection within 135 days after the close
of the district's fiscal year. Audit reports and the accompanying
annual filing affidavits submitted by a special water authority, as
defined in TWC, §49.001(8), shall be submitted as prescribed
by paragraph (2) of this subsection within 160 days after the close
of the special water authority's fiscal year. The governing board
of the district or special water authority shall approve the audit
before a copy of the report is submitted to the executive director;
however, the governing board's refusal to approve the audit shall
not extend the submittal deadline for the audit report. If the governing
board refuses to approve the audit, the board shall submit to the
executive director by the prescribed submittal date the report and
a statement providing the reasons for the board's refusal to approve
the report.
(B) Financial reports. Financial reports and the annual
filing affidavits in a format prescribed by the executive director,
must be submitted to the executive director as prescribed by paragraph
(2) of this subsection within 45 days after the close of the district's
fiscal year.
(C) Financial dormancy affidavits. Financial dormancy
affidavits shall be submitted as prescribed by paragraph (2) of this
subsection by January 31st of each year. The calendar year affidavit
affirms that the district met the financial dormancy requirements
stated in subsection (f) of this section during part or all of the
calendar year immediately preceding the January 31st filing date.
(2) Submittal locations. Copies of the audit, financial
report, or financial dormancy affidavit described in subsections (c),
(e), and (f) of this section shall be submitted annually to the executive
director, and within the district's office.
(i) Review by executive director.
(1) The executive director may review the audit report
of each district. After reviewing the audit report, the executive
director may request additional information from the district. The
district shall provide the additional information not later than the
60th day after the date the request was received, unless the executive
director extends the time allowed for the district to provide additional
information for good cause. If the executive director has any objections
or determines any violations of generally accepted auditing standards
or accounting principles, statutes or commission rules, or if the
executive director has any recommendations, the executive director
shall notify the governing board of the district.
(2) Before the audit report may be accepted by the
executive director as being in compliance with the provisions of this
section, the governing board and the auditor shall remedy objections
and correct violations of which they have been notified by the executive
director.
(3) Districts governed by this section are subject
to periodic audits by the executive director. The executive director
may review and investigate a district's financial records and may
conduct an on-site audit of a district's financial information. The
executive director shall have access to all vouchers, receipts, district
fiscal and financial records, and other district records which the
executive director considers necessary for the review, analysis, and
approval of an audit report, financial report, or financial dormancy
affidavit.
(j) Penalties for Noncompliance.
(1) The executive director shall file with the attorney
general the names of any districts that do not comply with the provisions
of this subchapter.
(2) A district that fails to comply with the filing
provisions of TWC, Chapter 49, may be subject to a civil penalty of
up to $100 per day for each day the district willfully continues to
violate these provisions after receipt of written notice of violation
from the executive director by certified mail, return receipt requested.
The state may sue to recover the penalty.
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| Source Note: The provisions of this §293.94 adopted to be effective September 5, 1986, 11 TexReg 3746; amended to be effective June 30, 1993, 18 TexReg 3758; amended to be effective October 22, 1996, 21 TexReg 9905; amended to be effective June 5, 1998, 23 TexReg 5715; amended to be effective August 30, 2012, 37 TexReg 6626; amended to be effective November 13, 2014, 39 TexReg 8730; amended to be effective October 29, 2020, 45 TexReg 7593 |
