By Lucio S.B. No. 890
75R5832 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of a person to act in the place of a
1-3 county treasurer.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 83.005, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 83.005. APPOINTMENT OF PERSON TO ACT IN TREASURER'S
1-8 PLACE [IN COUNTIES OF MORE THAN 190,000 POPULATION]. (a) In a
1-9 county in which the county treasurer does not have a deputy [with a
1-10 population of more than 190,000], the county treasurer may appoint
1-11 a person, subject to the approval of the commissioners court, to
1-12 act in the treasurer's place. The [In a county with a population
1-13 of 190,001 to 354,999, the appointed person may act in the
1-14 treasurer's place only when the treasurer is absent, unavoidably
1-15 detained, or incapacitated. In a county with a population of
1-16 355,000 or more, the] appointed person may act in the treasurer's
1-17 place only if the treasurer is absent [from the county],
1-18 unavoidably detained, incapacitated, or unable to act.
1-19 (b) The treasurer shall provide the commissioners court with
1-20 the details justifying an appointment under this section. The
1-21 commissioners court may require proof of any detail provided by the
1-22 treasurer.
1-23 (c) The appointed person may act for the treasurer only
1-24 after:
2-1 (1) the commissioners court approves the appointment;
2-2 (2) the appointment is recorded in the minutes of the
2-3 court; and
2-4 (3) the appointed person gives a surety bond in favor
2-5 of the county and the county treasurer, as their interests may
2-6 appear, in an amount determined by the commissioners court.
2-7 (d) If[, in a county with a population of 355,000 or more,]
2-8 the treasurer appoints a person other than a regularly employed
2-9 county employee [assistant], the appointed person may not receive
2-10 any compensation from the county.
2-11 SECTION 2. This Act takes effect September 1, 1997, and
2-12 applies only to the appointment of a person to act for a county
2-13 treasurer on or after September 1, 1997. An appointment of a person
2-14 to act for a county treasurer before September 1, 1997, is governed
2-15 by the law as it existed immediately before the effective date of
2-16 this Act, and that law is continued in effect for that purpose.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.