Texas Codes

Tex. Loc. Gov't Code § 111.070 (2026)

Expenditure Of Funds Under Budget; Emergency Expenditure; Budget Transfer

✓ current as of May 2026

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Sec. 111.070. EXPENDITURE OF FUNDS UNDER BUDGET; EMERGENCY EXPENDITURE; BUDGET TRANSFER. (a) The commissioners court may spend county funds only in strict compliance with the budget, except as provided by this section.

(b) The commissioners court may authorize an emergency expenditure as an amendment to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention. If the court amends the original budget to meet an emergency, the court shall file a copy of its order amending the budget with the county clerk and the clerk shall attach the copy to the original budget.

(1) amend the budget to transfer an amount budgeted for one item to another budgeted item without authorizing an emergency expenditure; or

(2) designate the county budget officer or another officer or employee of the county who may, as appropriate and subject to conditions and directions provided by the court, amend the budget by transferring amounts budgeted for certain items to other budgeted items.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1197, Sec. 7, eff. June 20, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 1121 (H.B. 2458), Sec. 1, eff. June 18, 2005.

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: Dan A. Gattis, Cnty. Judge of Williamson Cnty. Lisa Birkman, Cynthia Long, Valerie Covey & Ron Morrison, Cnty. Commissioners David Flores, Cnty. Auditor & Ashlie Koenig, Cnty. Budget Officer v. Jana Duty, Cnty. Attorney of Williamson Cnty., Texas (Tex. App. 2011).

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Dan A. Gattis, Cnty. Judge of Williamson Cnty. Lisa Birkman, Cynthia Long, Valerie Covey & Ron Morrison, Cnty. Commissioners David Flores, Cnty. Auditor & Ashlie Koenig, Cnty. Budget Officer v. Jana Duty, Cnty. Attorney of Williamson Cnty., Texas (Tex. App. 2011). “However, as appellants point out, subsection (b) is one of two alternative means by which a commissioners court may deviate from strict compliance with the previously adopted annual budget--the other is the "transfer" of "an amount budgeted for one item to another budgeted item…”

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