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.
1-53 * * * * *