Bill Dugat, Bickerstaff, Heath, Delgado, Acosta LLP

1. GCD RECURRING DUTIES AND REPORTING
OBLIGATIONS
Bill Dugat III
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expwy.
Bldg. 1, Suite 300
Austin, TX 78746
bdugat@bickerstaff.com
TAGD
Regular Business Meeting
January 2019

2. Recurring Duties and Reporting Obligations
Financial Duties and Reporting
Reporting related to Management Plan
TCEQ Reporting Requirements

3. Financial Obligations and Reporting
• Budget and Audit Obligations and Reporting
• Public Fund Investment Act Reporting
• State Comptroller Transparency Reporting

4. Budget and Audit §§ 36.153 and 36.154
• District shall prepare and approve an annual budget § 36.154
• Budget shall contain “a complete financial statement”
• Budget must include:
 Outstanding obligations
 Cash on hand in each fund
 Money received in previous year
 Money available during ensuing year
 Expected year end fund balance
 Estimated revenue and balances to cover budget
 Estimated tax rate or fee revenue required

5. Budget and Audit §§ 36.153 and 36.154
• Annually the District shall have an audit made
 Generally accepted government auditing standard
adopted by AI CPA
• Financial Statement prepared in accordance with generally
accepted accounting principles adopted by AI CPA
• Except for financially dormant GCDs, GCD exempt from
filing audited financial statement with TCEQ
 TCEQ requests courtesy copy

7. Public Fund Investment Act Reporting
• Investment Policy reviewed annually
 Review documented by order or resolution
 Document changes
PFIA 2256.005(c)
• Investment Officer must submit Investment Report at least quarterly to
Board PFIA 2256.023(c)
• Quarterly Investment Reports must be reviewed annually by auditor if invest
in other than MMM funds, investment pools, CDs, or Bank MM account
• Investment officer training § 36.1561
 Within a year from assuming duties
 Within each 2 year period after first year

8. • SB 625 Transparency bill – codified Gov’t Code §§ 403.0241 and 403.0242
and Local Gov’t Code § 203.062
• Must report information for inclusion in Special Purpose District Public
Information Database if:
 District is political subdivision
 District is authorized to
 Impose ad valorem tax or sales and use tax
 Impose an assessment
 Charge a fee
• District, in most recent fiscal year, had outstanding bonds, gross receipts in
excess of $250,000 or cash and investments in excess of $250,000
Texas Comptroller
Special Purpose District Financial
Reporting

9. If meet criteria, following submitted to Comptroller each year:
• Taxpayer ID
• Contact information
• Third party contact information
• Contact information of Tax Assessor Collector, if applicable
• Tax rate, if applicable
• Bonds
• Tax rate
Texas Comptroller – SPD Financial
Reporting

10. • Deadline and Reporting:
 90 day reporting window January 1, 2019 on line form
• $2000 penalty for non-report after notice of failure to report
Note: Comptroller has no means to determine if a district should
report or if information reported has changed.
Texas Comptroller – SPD Financial
Reporting

11. Texas Comptroller Local Government Debt
Reporting - Local Gov’t Code § 140.008
• Local Governments including GCDs must annually compile debt
obligation data from preceding FY and report to comptroller or post on
own website
• There is no exception to the filing requirement for a political
subdivision with no outstanding debt
• Financial information to be reported
 Debt obligation information
 Credit rating
 Other information political subdivision deems relevant
• Due within 180 days end of FY

12. Management Plan and Annual Report
• District may review management plan annually and must review and
readopt at least once every five years § 36.1072(e)
• Representatives in GMA must meet at least annually to conduct joint
planning with GCDs and to review the management plans. § 36.108(c)
• In annual GMA review of management plans, shall consider:
 MP goals and impact on planning within GMA
 Effectiveness of measures for conserving and protecting
groundwater and preventing waste
 Other matters considered relevant
 Achievement of DFCs

13. Annual Report
• No specific requirement in Ch. 36 for
annual report
• Annual Report is a typical management plan
objective

15. TCEQ Reporting
• Audit (courtesy copy)
• Name, mailing address and term of office for newly-elected
or appointed directors (within 30 days) § 36.054(e)
• Certified copy of the order changing district boundaries,
metes and bounds description, detailed map (within 60
days). 30 Tex. Admin. Code § 293.20(b)(4)
 Boundary description also filed with county clerk
(within 30 days)

18. GCD RECURRING DUTIES AND REPORTING
OBLIGATIONS
Bill Dugat III
Bickerstaff Heath Delgado Acosta LLP
3711 S. MoPac Expwy.
Bldg. 1, Suite 300
Austin, TX 78746
bdugat@bickerstaff.com
TAGD
Regular Business Meeting
January 2019