1-1     By:  Goolsby (Senate Sponsor - Cain)                  H.B. No. 2769

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; May 6, 1997, reported favorably by the

 1-5     following vote:  Yeas 9, Nays 0; May 6, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the county depository and depositories for certain

 1-9     trust funds.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 116.116(c), Local Government Code, is

1-12     amended to read as follows:

1-13           (c)  A warrant or check, including a warrant or check issued

1-14     prior to September 1, 1993, issued by the county treasurer in

1-15     settlement of a claim against a county that is not presented for

1-16     payment before the 366th day following the date of issuance is

1-17     overdue and nonnegotiable.  The sum of the overdue warrant or check

1-18     shall be credited as revenue to the county if delivery to the

1-19     payees was attempted or occurred within a reasonable time following

1-20     the issuance of the warrant or check.  No right to full settlement

1-21     of a proper unpaid claim is extinguished by this subsection.

1-22           SECTION 2.  Section 117.002, Local Government Code, is

1-23     amended to read as follows:

1-24           Sec. 117.002  TRANSFER OF UNCLAIMED FUNDS TO STATE TREASURER.

1-25     Any funds, except cash bail bonds, deposited under this chapter

1-26     that are presumed abandoned under Chapter 72, 73, or 75, Property

1-27     Code, shall be reported and delivered by the county or district

1-28     clerk to the state treasurer without further action by any court.

1-29     The dormancy period for funds deposited under this chapter begins

1-30     on the later of:

1-31           (1)  the date of entry of final judgment or order of

1-32     dismissal in the action in which the funds were deposited;

1-33           (2)  the 18th birthday of the minor for whom the funds were

1-34     deposited; or

1-35           (3)  a reasonable date established by rule by the state

1-36     treasurer to promote the public interest in disposing of unclaimed

1-37     funds.

1-38           SECTION 3.  The importance of this legislation and the

1-39     crowded condition of the calendars in both houses create an

1-40     emergency and an imperative public necessity that the

1-41     constitutional rule requiring bills to be read on three several

1-42     days in each house be suspended, and this rule is hereby suspended,

1-43     and that this Act take effect and be in force from and after its

1-44     passage, and it is so enacted.

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