Amend HB 2841 as follows:
(1) Add the following appropriately numbered SECTION to
Article 7 of the bill and renumber existing SECTIONS of Article 7
of the bill appropriately:
SECTION __. Section 403.003(b), Government Code, is amended
to read as follows:
(b) The chief clerk shall take the official oath and give
bond in the amount of $70,000 <$10,000>, payable in the same manner
as the comptroller's bond, and conditioned on the faithful
performance of the duties of the office.
(2) Strike existing SECTION 7.39 of the bill (page 67, line
14, through page 68, line 26, introduced version) and substitute
the following appropriately numbered SECTION of Article 7 of the
bill:
SECTION __. Section 404.042, Government Code, is transferred
to Subchapter A, Chapter 403, Government Code, redesignated as
Section 403.008, Government Code, and amended to read as follows:
Sec. 403.008 <404.042>. BONDS AND EMPLOYEES. (a) In
addition to the bonds otherwise required by this chapter, the
comptroller <Not later than the 20th day after the date on which
notice of election is received and before entering the duties of
office, the treasurer shall give a bond with a good and solvent
surety company authorized to do business in this state, in the sum
of $70,000, payable to and approved by the governor and conditioned
that the treasurer shall faithfully execute the duties of that
office. Expenses necessary and incident to the execution of the
bond shall be paid by the state.>
<(b) The treasurer> shall <also> give any special bond
required by an Act of Congress or by a federal department or
official to protect federal funds deposited with the comptroller
<treasurer>. Expenses necessary and incident to the execution of
the bond shall be paid by the state.
(b) <(c) The treasurer shall appoint a first assistant who
shall give bond with a good and solvent surety company authorized
to do business in this state, in the sum of $70,000, payable to and
approved by the governor, and conditioned that the first assistant
shall faithfully execute the duties of that office. If the
treasurer is not able to act, the first assistant shall sign the
first assistant's own name as acting treasurer and perform the
duties of the treasurer. The legal acts and signatures of the
first assistant as acting treasurer are valid as the acts and
signatures of the treasurer.>
<(d)> The comptroller <treasurer> shall appoint <other>
employees that are authorized by law. Employees who as part of
their duties handle money, or drafts, checks, bills of exchange,
warrants, securities, or other evidences of debt that are or may be
convertible into money, or other valuable property shall give bond
with a good and solvent surety company authorized to do business in
this state, payable to the comptroller <treasurer> in the sum that
the comptroller <treasurer> requires, conditioned that the employee
shall faithfully execute and perform the duties of that employee's
position. The comptroller <treasurer> may also require an employee
to be insured in the manner and in the sum that the comptroller
<treasurer> requires.
(c) <(e)> The expense incident to the execution of the bonds
and any insurance of the chief clerk <first assistant> and other
employees shall be paid by the state.
(3) Strike SECTION 7.41 of the bill (page 69, lines 8-20,
introduced version) and substitute the following appropriately
numbered SECTION of Article 7 of the bill:
SECTION __. Section 404.044, Government Code, is transferred
to Subchapter A, Chapter 403, Government Code, redesignated as
Section 403.009, Government Code, and amended to read as follows:
Sec. 403.009 <404.044>. REVIEW OF BONDS. The attorney
general<, with the comptroller,> shall on the first day of the
fiscal year examine the bonds and insurance of the comptroller
<treasurer>, chief clerk <first assistant>, and other employees and
make diligent inquiry into the condition of the sureties on the
bonds and policies. If the attorney general finds that a bond or
insurance policy is not sufficient to protect and secure the state,
the attorney general shall notify the comptroller <treasurer> in
writing of the insufficiency of the bond or policy, and the
comptroller <treasurer> shall secure a sufficient bond or
insurance.
(4) In SECTION 7.40 of the bill, in the second sentence of
Section 404.043, Government Code (page 69, line 6, introduced
version), strike "by this chapter for employees" and substitute
"<by this chapter> for employees of the comptroller".
(5) In SECTION 7.02 of the bill, in Section 403.011(11),
Government Code (page 41, line 24, introduced version), strike
"certify" and substitute "verify <certify>".
(6) In SECTION 7.04 of the bill, in Section 403.034(b),
Government Code (page 44, lines 7 and 8, introduced version),
strike "the comptroller cash, bond, and securities accounts with"
and substitute "the accounts in Subsection (a) with".
(7) In SECTION 7.07 of the bill, strike the existing
amendment to Section 403.054(d), Government Code, in its entirety
(page 46, lines 11-14, introduced version) and substitute the
following:
(d) The comptroller <state treasurer> may not pay an
original warrant after the comptroller <has notified the treasurer
that the comptroller> has issued a replacement warrant for the
original warrant.
(8) In the prefatory language to SECTION 7.08 of the bill
(page 46, line 15, introduced version), strike "Section 403.056(b),
Government Code, is" and substitute "Sections 403.056(b) and (c),
Government Code, are".
(9) In SECTION 7.08 of the bill, between the end of amended
Section 403.056(b), Government Code, and existing SECTION 7.09 of
the bill (page 46, between lines 23 and 24, introduced version),
insert the following:
(c) The <Following return of the warrant, the> comptroller
shall deliver the warrant to the person entitled to receive it.
The comptroller may require the person to give a receipt for the
warrant. The comptroller may file that receipt in the comptroller's
office.
(10) Strike SECTION 19.68 of the bill (page 289, lines
15-25, introduced version) and substitute the following:
SECTION 19.68. Section 154.415, Tax Code, is amended to read
as follows:
Sec. 154.415. GIFTS AND GRANTS <ADDITIONAL ENFORCEMENT
POWERS>. <(a) The treasurer has all of the rights and powers
granted the comptroller in Chapters 111 and 113 of this code with
respect to the tax imposed by this chapter. Those rights and
powers are in addition to those granted the treasurer in this
chapter.>
<(b)> The comptroller <treasurer> may accept gifts, grants,
and donations for the administration and enforcement of this
chapter.
(11) Strike SECTION 19.93 of the bill (page 302, lines 6-16,
introduced version) and substitute the following:
SECTION 19.93. Section 155.141, Tax Code, is amended to read
as follows:
Sec. 155.141. GIFTS AND GRANTS <ENFORCEMENT POWERS>.
<(a) The treasurer has all of the rights and powers granted the
comptroller in Chapters 111 and 113 of this code with respect to
the tax imposed by this chapter. Those rights and powers are in
addition to those granted the treasurer in this chapter.>
<(b)> The comptroller <treasurer> may accept gifts, grants,
and donations for the administration and enforcement of this
chapter.
(12) In SECTION 20.07 of the bill, strike the existing
Section number and amended heading to Section 17.886, Water Code
(page 319, line 1, and the first part of line 2, introduced
version), and substitute "Sec. 17.886. PAYMENT AND TRANSFERS BY
<TREASURER, TRANSFERS BY> COMPTROLLER."
(13) At the end of SECTION 22.02 of the bill (page 413,
between lines 26 and 27, introduced version), add the following new
Subsection (c):
(c) This Act does not, of itself, impose a new power or duty
on the comptroller, transfer a power or duty to or from the
comptroller, re-create a power or duty no longer possessed or
performed by the comptroller, or abolish a power or duty possessed
or performed by the comptroller, except with regard to:
(1) the abolished requirement to appoint a first
assistant under Chapter 404, Government Code; and
(2) matters relating to a bond required of the
comptroller or an employee of the comptroller.
(14) Add the following appropriately numbered SECTION to
Article 22 of the bill and renumber subsequent SECTIONS of Article
22 of the bill appropriately:
SECTION __. (a) Except as provided by Subsection (b) of
this section, if another law enacted by the 75th Legislature,
Regular Session, 1997, that is intended in whole or in part to make
a substantive change to the law conflicts with this Act, the other
law controls.
(b) This Act controls over another law enacted by the 75th
Legislature, Regular Session, 1997, with regard to:
(1) the abolished requirement to appoint a first
assistant under Chapter 404, Government Code; and
(2) matters relating to a bond required of the
comptroller or an employee of the comptroller.