BLS H.B. 2096 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 2096
By: Uher
4-30-97
Committee Report (Unamended)



BACKGROUND 

Currently navigation districts are required to select depositories every
two years.  This two-year renewal limit is costly and inefficient.  

PURPOSE

To allow navigation districts to select depositories without a time limit
on the selection period. 

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.  Amends Section 60.271, Water Code,  as follows:
 
 (a)  States that the Texas Natural Resource Conservation Commission
(hereinafter "the commission") shall select a depository for a district in
the same manner that a municipality selects a municipal depository under
Chapter 105, Local Government Code.  
 (b)  States that, in selecting the depository, the  commission shall act
in the same capacity and perform the same duties as the governing body of
a municipality in selecting a municipal depository.  Provides that the
chairman of the commission shall act in the same capacity and perform the
same duties as the mayor of a municipality.  Provides that the treasurer
of the district shall act in the same manner as the treasurer of a
municipality.  
 (c)  States that a bank, credit union, or savings association may not use
personal bonds to secure district funds. 
 (d)  States that Subchapter B, Chapter 2256, Government Code, does not
govern the investment of  district funds. 
 (e)  States that Section 105.074(e), Local Government Code, applies to
the designated  officer of the district. 
 (f)  States that the designated officer of the district may draw a check
on a depository only on a warrant signed by the chairman and attested by
the secretary of the district. 
 (g)  Assigns "designated officer" the same meaning as Section 105.001,
Local   Government Code. 

SECTION 2.  Amends Section 61.212, Water Code, to provide that the
commission shall select a depository for a district as provided by Section
60.271.  Makes conforming changes. 

SECTION 3. Amends Section 62.156, Water Code, to provide as follows:

 (a)  Deletes provisions on banking procedures for securing a deposit and
requires the commission to select a depository as provided by Section
60.271. 
 (b) Deletes a provision relating to the selection of banking corporations
as depositories. 
 (c) Deletes a provision dealing with selecting a depository in the future.

SECTION 4.  Amends Section 63.222, Water Code, to require the district
depository to be  designated as provided by  Section 60.271;  deletes a
provision that outlines the manner under which depositories are regulated. 

SECTION 5. Repeals Sections 61.213, 62.157-62.158, and 63.223, Water Code.

SECTION 6. Effective date is September 1, 1997;  this Act applies only to
depository contacts on or after this date. 

SECTION 7. Emergency clause.