1-1 By: Lucio S.B. No. 890
1-2 (In the Senate - Filed March 3, 1997; March 6, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 24, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 11, Nays 0;
1-6 March 24, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 890 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the appointment of a person to act in the place of a
1-11 county treasurer.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 83.005, Local Government Code, is amended
1-14 to read as follows:
1-15 Sec. 83.005. APPOINTMENT OF PERSON TO ACT IN TREASURER'S
1-16 PLACE [IN COUNTIES OF MORE THAN 190,000 POPULATION]. (a) In a
1-17 county in which the county treasurer does not have a deputy [with a
1-18 population of more than 190,000], the county treasurer may appoint
1-19 a person, subject to the approval of the commissioners court, to
1-20 act in the treasurer's place. The [In a county with a population
1-21 of 190,001 to 354,999, the appointed person may act in the
1-22 treasurer's place only when the treasurer is absent, unavoidably
1-23 detained, or incapacitated. In a county with a population of
1-24 355,000 or more, the] appointed person may act in the treasurer's
1-25 place only if the treasurer is absent [from the county],
1-26 unavoidably detained, incapacitated, or unable to act.
1-27 (b) The treasurer shall provide the commissioners court with
1-28 the details justifying an appointment under this section. The
1-29 commissioners court may require proof of any detail provided by the
1-30 treasurer.
1-31 (c) The appointed person may act for the treasurer only
1-32 after:
1-33 (1) the commissioners court approves the appointment;
1-34 (2) the appointment is recorded in the minutes of the
1-35 court; and
1-36 (3) the appointed person gives a surety bond in favor
1-37 of the county and the county treasurer, as their interests may
1-38 appear, in an amount determined by the commissioners court.
1-39 (d) If[, in a county with a population of 355,000 or more,]
1-40 the treasurer appoints a person other than a regularly employed
1-41 county employee [assistant], the appointed person may not receive
1-42 any compensation from the county.
1-43 SECTION 2. This Act takes effect September 1, 1997, and
1-44 applies only to the appointment of a person to act for a county
1-45 treasurer on or after September 1, 1997. An appointment of a
1-46 person to act for a county treasurer before September 1, 1997, is
1-47 governed by the law as it existed immediately before the effective
1-48 date of this Act, and that law is continued in effect for that
1-49 purpose.
1-50 SECTION 3. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended.
1-55 * * * * *