1-1     By:  Bonnen (Senate Sponsor - Lucio)                  H.B. No. 1475

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; April 21, 1997, reported favorably by

 1-5     the following vote:  Yeas 11, Nays 0; April 21, 1997, sent to

 1-6     printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the appointment of a person to act in the place of a

1-10     county treasurer.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 83.005, Local Government Code, is amended

1-13     to read as follows:

1-14           Sec. 83.005.  APPOINTMENT OF PERSON TO ACT IN TREASURER'S

1-15     PLACE [IN COUNTIES OF MORE THAN 190,000 POPULATION].  (a)  In a

1-16     county in which the county treasurer does not have a deputy [with a

1-17     population of more than 190,000], the county treasurer may appoint

1-18     a person, subject to the approval of the commissioners court, to

1-19     act in the treasurer's place.  The [In a county with a population

1-20     of 190,001 to 354,999, the appointed person may act in the

1-21     treasurer's place only when the treasurer is absent, unavoidably

1-22     detained, or incapacitated.  In a county with a population of

1-23     355,000 or more, the] appointed person may act in the treasurer's

1-24     place only if the treasurer is absent [from the county],

1-25     unavoidably detained, incapacitated, or unable to act.

1-26           (b)  The treasurer shall provide the commissioners court with

1-27     the details justifying an appointment under this section.  The

1-28     commissioners court may require proof of any detail provided by the

1-29     treasurer.

1-30           (c)  The appointed person may act for the treasurer only

1-31     after:

1-32                 (1)  the commissioners court approves the appointment;

1-33                 (2)  the appointment is recorded in the minutes of the

1-34     court; and

1-35                 (3)  the appointed person gives a surety bond in favor

1-36     of the county and the county treasurer, as their interests may

1-37     appear, in an amount determined by the commissioners court.

1-38           (d)  If[, in a county with a population of 355,000 or more,]

1-39     the treasurer appoints a person other than a regularly employed

1-40     county employee [assistant], the appointed person may not receive

1-41     any compensation from the county.

1-42           SECTION 2.  This Act takes effect September 1, 1997, and

1-43     applies only to the appointment of a person to act for a county

1-44     treasurer on or after September 1, 1997. An appointment of a person

1-45     to act for a county treasurer before September 1, 1997, is governed

1-46     by the law as it existed immediately before the effective date of

1-47     this Act, and that law is continued in effect for that purpose.

1-48           SECTION 3.  The importance of this legislation and the

1-49     crowded condition of the calendars in both houses create an

1-50     emergency and an imperative public necessity that the

1-51     constitutional rule requiring bills to be read on three several

1-52     days in each house be suspended, and this rule is hereby suspended.

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