By Bonnen                                       H.B. No. 1475

      75R5832 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appointment of a person to act in the place of a

 1-3     county treasurer.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 83.005, Local Government Code, is amended

 1-6     to read as follows:

 1-7           Sec. 83.005.  APPOINTMENT OF PERSON TO ACT IN TREASURER'S

 1-8     PLACE [IN COUNTIES OF MORE THAN 190,000 POPULATION].  (a)  In a

 1-9     county in which the county treasurer does not have a deputy [with a

1-10     population of more than 190,000], the county treasurer may appoint

1-11     a person, subject to the approval of the commissioners court, to

1-12     act in the treasurer's place.  The [In a county with a population

1-13     of 190,001 to 354,999, the appointed person may act in the

1-14     treasurer's place only when the treasurer is absent, unavoidably

1-15     detained, or incapacitated.  In a county with a population of

1-16     355,000 or more, the] appointed person may act in the treasurer's

1-17     place only if the treasurer is absent [from the county],

1-18     unavoidably detained, incapacitated, or unable to act.

1-19           (b)  The treasurer shall provide the commissioners court with

1-20     the details justifying an appointment under this section.  The

1-21     commissioners court may require proof of any detail provided by the

1-22     treasurer.

1-23           (c)  The appointed person may act for the treasurer only

1-24     after:

 2-1                 (1)  the commissioners court approves the appointment;

 2-2                 (2)  the appointment is recorded in the minutes of the

 2-3     court; and

 2-4                 (3)  the appointed person gives a surety bond in favor

 2-5     of the county and the county treasurer, as their interests may

 2-6     appear, in an amount determined by the commissioners court.

 2-7           (d)  If[, in a county with a population of 355,000 or more,]

 2-8     the treasurer appoints a person other than a regularly employed

 2-9     county employee [assistant], the appointed person may not receive

2-10     any compensation from the county.

2-11           SECTION 2.  This Act takes effect September 1, 1997, and

2-12     applies only to the appointment of a person to act for a county

2-13     treasurer on or after September 1, 1997. An appointment of a person

2-14     to act for a county treasurer before September 1, 1997, is governed

2-15     by the law as it existed immediately before the effective date of

2-16     this Act, and that law is continued in effect for that purpose.

2-17           SECTION 3.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.