SRC-TNM H.B. 2769 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2769
By: Goolsby (Sponsor)
Intergovernmental Relations
4-30-97
Engrossed


DIGEST 

Currently, a county check will become overdue and nonnegotiable if not
presented for payment within 366 days.  This provision allows counties to
remove these outstanding checks from their ledgers and include these
amounts in their account balances even though the underlying claim is not
extinguished.  However, since the change was effective August 31, 1993,
there remains some ambiguity over the status of checks issued prior to
that date.  H.B. 2769 would clarify current law with regard to uncashed
county checks prior to September 1, 1993, and exempts cash bail bonds from
transfer of unclaimed funds to the state treasurer released by the court. 
  
PURPOSE

As proposed, H.B. 2769 outlines provisions regarding the county depository
and depositories for certain trust funds. 

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 116.116(c), Local Government Code, to provide
that a warrant or check, including a warrant or check issued prior to
September 1, 1993, issued by the county treasurer in settlement of a claim
against a county that is not presented for payment before the 366th day
following the date of issuance is overdue and nonnegotiable. 

SECTION 2. Amends Section 117.002, Local Government Code, to require any
funds, except cash bail bonds, deposited under this chapter that are
presumed abandoned under Chapter 72, 73, or 75, Property Code, to be
reported and delivered by the county or district clerk to the state
treasurer without any further action by any court. 

SECTION 3. Emergency clause.
  Effective date: upon passage.