BILL ANALYSIS



H.B. 750
By: Horn
March 9, 1995
Committee Report (Unamended)


BACKGROUND

Currently, Chapter 154.025, Local Government Code, prohibits
payments to persons owing a debt to the county in counties under
190,000 in population, and Chapter 154.045 prohibits such payments
in counties over 190,000.  Chapter 154.045 was rewritten in 1989 to
prohibit payment from any county fund.  However, Chapter 154.025
was not changed and prohibits only payments made from the Officer
Salary Fund.  Thus, since most counties no longer use an Officer
Salary Fund, there is a need to make the statutes congruent. 

PURPOSE

This bill would amend chapter 154.025 of the local government code
to treat counties with populations of less than 190,000 the same as
those which exceed 190,000.  It would prohibit a warrant from being
drawn on any county fund and not just the officer salary fund. 
Furthermore, the language would make it clear that the notice of
indebtedness is to be filed with the county auditor. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1.     Section 154.025, Local Government Code, is
amended by requiring the notice of indebtedness to be filed with
the county auditor and prohibits any withdrawal of county funds
until the person owing the county a debt is notified that the debt
is outstanding and the debt is paid.

     SECTION 2.     Effective Date

     SECTION 3.     Emergency Clause


SUMMARY OF COMMITTEE ACTION

HB 750 was considered by the Committee on County Affairs in a
public hearing on March 8, 1995. Representative Horn opened. James
Wells, representing himself, testified in favor of HB 750.
Representative Horn closed. HB 750 was reported favorably without
amendment with the recommendation that it do pass and be printed
and be sent to the Local and Consent Calendars, by a record vote of
9 Ayes, 0 Nays, 0 PNV, 0 Absent.