By Goolsby H.B. No. 2769
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the county depository and depositories for certain
1-3 trust funds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amend Subsection 116.116(c), Local Government
1-6 Code, to read as follows:
1-7 Section 116.116. Obligations Payable at County Depository.
1-8 . . . .
1-9 (c) A warrant or check, including a warrant or check issued
1-10 prior to September 1, 1993, issued by the county treasurer in
1-11 settlement of a claim against a county that is not presented for
1-12 payment before the 366th day following the date of issuance is
1-13 overdue and nonnegotiable. The sum of the overdue warrant or check
1-14 shall be credited as revenue to the county if delivery to the
1-15 payees was attempted or occurred within a reasonable time following
1-16 the issuance of the warrant or check. No right to full settlement
1-17 of a proper unpaid claim is extinguished by this subsection.
1-18 SECTION 2. Amend Section 117.002, Local Government Code to
1-19 read as follows:
1-20 Sec. 117.002 Transfer of Unclaimed Funds to State Treasurer.
1-21 Any funds, except cash bail bonds, deposited under this
1-22 chapter that are presumed abandoned under Chapter 72, 73, or 75,
1-23 Property Code, shall be reported and delivered by the county or
1-24 district clerk to the state treasurer without further action by any
2-1 court. The dormancy period for funds deposited under this chapter
2-2 begins on the later of:
2-3 (1) the date of entry of final judgment or order of
2-4 dismissal in the action in which the funds were deposited;
2-5 (2) the 18th birthday of the minor for whom the funds were
2-6 deposited; or
2-7 (3) a reasonable date established by rule by the state
2-8 treasurer to promote the public interest in disposing of unclaimed
2-9 funds.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.