SRC-JRN H.B. 2096 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2096
By: Uher (Patterson)
Intergovernmental Relations
5-16-97
Engrossed


DIGEST 

Currently, navigation districts are required to select depositories every
two years.  This two-year renewal limit may be costly and inefficient.
The bill allows navigation districts to select depositories without a time
limit on the selection period. 

PURPOSE

As proposed, H.B. 2096  allows navigation districts to select depositories
without a time limit on the selection period. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 60.271, Water Code, as follows:

Sec. 60.271. SELECTION OF DEPOSITORY.  Authorizes the Texas Natural
Resource Conservation Commission (commission) to select a depository for
the navigation district (district) in the same manner that a municipality
selects a municipal depository under Chapter 105, Local Government Code,
rather than under the law providing for the selection of a county
depository.  Requires the commission to act in the same capacity and
perform the same duties as the governing body of a municipality, rather
than a county judge and the commissioners court, in selecting a municipal,
rather than county, depository.  Requires the chairman of the commission
to act in the same capacity and perform the same duties as the mayor of a
municipality.  Requires the treasurer of the district to act in the same
capacity and perform the same duties as the treasurer of a municipality.
Prohibits a bank, credit union, or savings association from using personal
bonds to secure district funds.  Provides that Chapter 2256B, Government
Code does not govern the investment of district funds.  Provides that
Section 105.074(e), Local Government Code, applies the designated officer
of the district. Authorizes the designated officer of a district to draw a
check on a depository only on a warrant signed by the chairman and
attested by the secretary of the district.  Defines "designated officer." 

SECTION 2. Amends Section 61.212, Water Code, to require the commission to
select a depository for the district as provided by Section 60.271, rather
than law for the selection of a county depository.  Deletes a provision
requiring the depository selected by the commission to serve as the
depository for the district for two years and until its successor is
selected and has qualified.   

SECTION 3. Amends Section 62.156, Water Code, to require the commission to
select a depository as provided by Section 60.271.  Deletes existing
Subsections (a)-(c). 

SECTION 4. Amends Section 63.222, Water Code, to delete the requirement
that the district depository be designated at the time, in the manner, and
under the same regulations and laws as county depositories.  Makes a
conforming change. 

SECTION 5. Repealer:  Sections 61.213, 62.157-62.158, and 63.223, Water
Code (District  Treasurer's Duties, Payment of District Revenue, Audit of
Revenue, and Warrants). 

SECTION 6. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 7. Emergency clause.