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.
2-25 * * * * *