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.