1-1     By:  Uher (Senate Sponsor - Patterson)                H.B. No. 2096

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; May 17, 1997, reported favorably by

 1-5     the following vote:  Yeas 9, Nays 0; May 17, 1997, sent to

 1-6     printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the selection of depositories by navigation districts

1-10     and port authorities.

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

1-12           SECTION 1.  Section 60.271, Water Code, is amended to read as

1-13     follows:

1-14           Sec. 60.271. SELECTION OF DEPOSITORY.            (a)  Except

1-15     as provided by this section, the [The] commission shall select a

1-16     depository for the  district in the same manner that a municipality

1-17     selects a municipal depository under Chapter 105, Local Government

1-18     Code [the law  providing for the selection of a county depository].

1-19           (b)  The commission in selecting the depository shall act in

1-20     the same capacity and perform the same duties as the governing body

1-21     of a municipality [county judge and the commissioners court] in

1-22     selecting a  municipal [county] depository.  The chairman of the

1-23     commission shall act in the same capacity and perform the same

1-24     duties as the mayor of a municipality.  The treasurer of the

1-25     district shall act in the same capacity and perform the same duties

1-26     as the treasurer of a municipality.

1-27           (c)  A bank, credit union, or savings association may not use

1-28     personal bonds to secure district funds.

1-29           (d)  Subchapter B, Chapter 2256, Government Code, does not

1-30     govern the investment of district funds.

1-31           (e)  Section 105.074(e), Local Government Code, applies to

1-32     the designated officer of the district.

1-33           (f)  The designated officer of a district may draw a check on

1-34     a depository only on a warrant signed by the chairman and attested

1-35     by the secretary of the district.

1-36           (g)  In this section, "designated officer" has the meaning

1-37     assigned by Section 105.001, Local Government Code.

1-38           SECTION 2.  Section 61.212, Water Code, is amended to read as

1-39     follows:

1-40           Sec. 61.212. DISTRICT DEPOSITORY.  [(a)]  The [Within 30 days

1-41     after the commissioners are appointed, the] commission shall select

1-42     a depository for the district as [in the manner] provided by

1-43     Section 60.271 [law for the selection of a county depository].

1-44           [(b)  The depository selected by the commission shall serve

1-45     as the depository for the district for two years and until its

1-46     successor is selected and has qualified.]

1-47           SECTION 3.  Section 62.156, Water Code, is amended to read as

1-48     follows:

1-49           Sec. 62.156.  SELECTION OF DEPOSITORY.  [(a)]  The commission

1-50     shall select a depository as provided by Section 60.271 [banking

1-51     corporation which will secure the deposit of the revenue pursuant

1-52     to the statutes relating to county depositories insofar as

1-53     applicable.  "Commissioners court" and "county judge" as used in

1-54     the statutes relating to county depositories shall mean the

1-55     commission and the commission chairman respectively].

1-56           [(b)  The commission may select the banking corporation to

1-57     serve as the depository for a period of not more than two years

1-58     from the day of selection, and at least 60 days before the end of

1-59     the period, the commission shall determine whether to continue to

1-60     deposit district revenue as provided in this section or to deposit

1-61     the revenue as provided in the general laws relating to navigation

1-62     districts.]

1-63           [(c)  If the commission decides to deposit district revenue

1-64     under the general laws relating to navigation districts, it, at any

 2-1     time in the future, may elect to select a depository in the manner

 2-2     provided in this section.]

 2-3           SECTION 4.  Section 63.222, Water Code, is amended to read as

 2-4     follows:

 2-5           Sec. 63.222. DISTRICT DEPOSITORY.  The district depository

 2-6     shall be designated as provided by Section 60.271 [at the time, in

 2-7     the manner, and under the same regulations and laws as county

 2-8     depositories], and the district's funds shall be deposited in the

 2-9     depository.

2-10           SECTION 5.  The following laws are repealed:

2-11                 (1)  Section 61.213, Water Code;

2-12                 (2)  Sections 62.157-62.158, Water Code; and

2-13                 (3)  Section 63.223, Water Code.

2-14           SECTION 6.  This Act takes effect September 1, 1997, and

2-15     applies only to a depository contract that is solicited on or after

2-16     September 1, 1997.  A depository contract in effect on September 1,

2-17     1997, continues in effect until the end of its term and is governed

2-18     by the law in effect immediately before this Act took effect, and

2-19     that law is continued in effect for that purpose.

2-20           SECTION 7.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.

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