House Bill 2120 amends
provisions of various codes that relate to the administration of county
government. Among other provisions, the bill:
- amends the Code of Criminal Procedure to provide that a
person arrested, with or without a warrant, may appear before a magistrate
in any county of the state, rather than only a county bordering the county
in which the arrest was made. The bill allows the use of teleconferencing
for certain criminal proceedings for a defendant who is confined in a
county other that the county in which charges against the defendant are
pending.
- amends the Government Code and the Health and Safety
Code to provide for changes to the existing criteria for membership on the
Tobacco Settlement Permanent Trust Account Administrative Advisory
Committee and the Tobacco Settlement Permanent Trust Account Investment
Advisory Committee.
- amends the Health and Safety Code to allow certain
hospital districts to employ or contract with private legal counsel to
represent the district in certain legal matters, taking into consideration
the duties of a county attorney, district attorney, or criminal district
attorney in matters involving the district. The bill includes in the list
of items that constitute a public nuisance the maintenance of an
unprotected swimming pool on any property in a neighborhood in a county
with a population of more than 1.1 million.
- amends the Local Government Code to require that the
bond for a county treasurer be executed with a surety company authorized
to do bonding business in Texas, specify the maximum and minimum amounts
of such bonds, and delete certain conditions of the bond. The bill
requires that a county treasurer's official oath and bond be recorded in
the county clerk's office and specifies that failure to obtain the bond
subjects the treasurer to removal from office. The bill also provides
that the 20 hours of annual continuing education required for a county
treasurer need only be sponsored by an appropriate accredited institution
and need not be actually held on campus. A county treasurer, whether
elected or appointed, must provide a bond and take the oath of office
before or at the time of assuming the office. The bill also allows,
rather than requires, a county judge to declare the county treasurer's
office vacant if those two actions are not taken in the required time.
House Bill 2120 expands the list of those with whom a sheriff or a
constable may execute a bond to include a solvent surety company
authorized to do business in Texas.
- amends the Local Government Code to stipulate that if
certain counties provide certain medical care, hospitalization,
compensation, accident, hospital, and disability insurance, or group
health and related benefits, the county has not created an insurance pool
with other governmental entities, unless the county enters such a
contract, and the county is not an insurance company subject to
regulation.
- amends the Local Government Code to establish a
procedure whereby the commissioners court of a county may sell or lease
certain advertising space and allows a branch county office to be
established in an unincorporated area of the county. The bill allows a
sheriff to designate a private vendor, including a private vendor
operating a detention facility under contract with the county, to operate
a commissary for the use of the inmates and provides for the use of
commissary proceeds and examination of the facility.
- amends the Local Government Code to authorize counties
to provide certain hazardous material services and sets forth parameters
for providing such service.
- amends the Local Government Code to authorize the
creation, administration, powers, duties, operation, and financing of a
public improvement district by a county with a population of 825,000 or
more if the county determines it is in the county's best interest. The
district is authorized to contract with any person, take on road projects,
issue bonds and to levy, assess, and collect taxes and assessments. The
bill makes conforming changes in the Tax Code.
House Bill 2120 takes effect September 1, 2005,
except for the provisions authorizing the creation, administration, powers,
duties, operation, and financing of a public improvement district by a county,
which became effective June 18, 2005.