1-1 AN ACT
1-2 relating to the selection of depositories by navigation districts
1-3 and port authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 60.271, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 60.271. SELECTION OF DEPOSITORY. (a) Except
1-8 as provided by this section, the [The] commission shall select a
1-9 depository for the district in the same manner that a municipality
1-10 selects a municipal depository under Chapter 105, Local Government
1-11 Code [the law providing for the selection of a county depository].
1-12 (b) The commission in selecting the depository shall act in
1-13 the same capacity and perform the same duties as the governing body
1-14 of a municipality [county judge and the commissioners court] in
1-15 selecting a municipal [county] depository. The chairman of the
1-16 commission shall act in the same capacity and perform the same
1-17 duties as the mayor of a municipality. The treasurer of the
1-18 district shall act in the same capacity and perform the same duties
1-19 as the treasurer of a municipality.
1-20 (c) A bank, credit union, or savings association may not use
1-21 personal bonds to secure district funds.
1-22 (d) Subchapter B, Chapter 2256, Government Code, does not
1-23 govern the investment of district funds.
1-24 (e) Section 105.074(e), Local Government Code, applies to
2-1 the designated officer of the district.
2-2 (f) The designated officer of a district may draw a check on
2-3 a depository only on a warrant signed by the chairman and attested
2-4 by the secretary of the district.
2-5 (g) In this section, "designated officer" has the meaning
2-6 assigned by Section 105.001, Local Government Code.
2-7 SECTION 2. Section 61.212, Water Code, is amended to read as
2-8 follows:
2-9 Sec. 61.212. DISTRICT DEPOSITORY. [(a)] The [Within 30 days
2-10 after the commissioners are appointed, the] commission shall select
2-11 a depository for the district as [in the manner] provided by
2-12 Section 60.271 [law for the selection of a county depository].
2-13 [(b) The depository selected by the commission shall serve
2-14 as the depository for the district for two years and until its
2-15 successor is selected and has qualified.]
2-16 SECTION 3. Section 62.156, Water Code, is amended to read as
2-17 follows:
2-18 Sec. 62.156. SELECTION OF DEPOSITORY. [(a)] The commission
2-19 shall select a depository as provided by Section 60.271 [banking
2-20 corporation which will secure the deposit of the revenue pursuant
2-21 to the statutes relating to county depositories insofar as
2-22 applicable. "Commissioners court" and "county judge" as used in
2-23 the statutes relating to county depositories shall mean the
2-24 commission and the commission chairman respectively].
2-25 [(b) The commission may select the banking corporation to
2-26 serve as the depository for a period of not more than two years
2-27 from the day of selection, and at least 60 days before the end of
3-1 the period, the commission shall determine whether to continue to
3-2 deposit district revenue as provided in this section or to deposit
3-3 the revenue as provided in the general laws relating to navigation
3-4 districts.]
3-5 [(c) If the commission decides to deposit district revenue
3-6 under the general laws relating to navigation districts, it, at any
3-7 time in the future, may elect to select a depository in the manner
3-8 provided in this section.]
3-9 SECTION 4. Section 63.222, Water Code, is amended to read as
3-10 follows:
3-11 Sec. 63.222. DISTRICT DEPOSITORY. The district depository
3-12 shall be designated as provided by Section 60.271 [at the time, in
3-13 the manner, and under the same regulations and laws as county
3-14 depositories], and the district's funds shall be deposited in the
3-15 depository.
3-16 SECTION 5. The following laws are repealed:
3-17 (1) Section 61.213, Water Code;
3-18 (2) Sections 62.157-62.158, Water Code; and
3-19 (3) Section 63.223, Water Code.
3-20 SECTION 6. This Act takes effect September 1, 1997, and
3-21 applies only to a depository contract that is solicited on or after
3-22 September 1, 1997. A depository contract in effect on September 1,
3-23 1997, continues in effect until the end of its term and is governed
3-24 by the law in effect immediately before this Act took effect, and
3-25 that law is continued in effect for that purpose.
3-26 SECTION 7. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2096 was passed by the House on May
10, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2096 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor