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.

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