1-1     By:  Ellis                                            S.B. No. 1706
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 15, 1999, reported favorably by the following vote:  Yeas 3,
 1-5     Nays 0; April 15, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to money paid into the registry of courts in certain
 1-9     populous counties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 117.112, Local Government Code, is
1-12     amended to read as follows:
1-13           Sec. 117.112.  MONEY AFFECTED.  This subchapter applies to
1-14     the following kinds of money paid into the registry of any court
1-15     for [in] which a [the district] clerk is or may become responsible:
1-16                 (1)  funds of minors, lunatics, idiots, or non compos
1-17     mentis persons;
1-18                 (2)  funds tendered in connection with a bill in
1-19     interpleader; or
1-20                 (3)  any other funds.
1-21           SECTION 2.  Section 117.119, Local Government Code, is
1-22     amended to read as follows:
1-23           Sec. 117.119.  DEPOSIT OF FUNDS.  Money paid into the
1-24     registry of the court shall be deposited by a [the district] clerk
1-25     into the registry fund at the special depository.
1-26           SECTION 3.  Section 117.120, Local Government Code, is
1-27     amended to read as follows:
1-28           Sec. 117.120.  CUSTODIANSHIP.  A [The district] clerk shall
1-29     act only in a custodial capacity regarding the registry fund, is
1-30     not considered to be a trustee for the beneficial owner, and is not
1-31     considered to have assumed the duties, obligations, or liabilities
1-32     of a trustee for the beneficial owner.
1-33           SECTION 4.  Section 117.121, Local Government Code, is
1-34     amended by amending Subsection (a) and adding Subsections (c) and
1-35     (d) to read as follows:
1-36           (a)  Money may be paid from the registry fund only on checks
1-37     or drafts signed by a [the district] clerk on the written order of
1-38     the court with proper jurisdiction, except that the clerk may make
1-39     a payment without court order for unpaid court costs from a cash
1-40     bond deposited in connection with an appeal after the appellate
1-41     court issues its mandate in the [such] appeal if the costs remain
1-42     unpaid for 45 days after the mandate is issued.
1-43           (c)  Notwithstanding Subsections (a) and (b), a disbursement
1-44     under an order of a court in which registry funds have been
1-45     deposited may be made by electronic transfer if:
1-46                 (1)  the designated recipient of the money submits to a
1-47     clerk a written request for the transfer;
1-48                 (2)  the clerk gives written approval for the transfer;
1-49     and
1-50                 (3)  a county auditor countersigns the approval.
1-51           (d)  A clerk may charge a reasonable fee, subject to the
1-52     approval of the recipient of the money, for an electronic transfer
1-53     of a disbursement from a registry fund.
1-54           SECTION 5.  Subsection (b), Section 117.122, Local Government
1-55     Code, is amended to read as follows:
1-56           (b)  For each withdrawal, a [the district] clerk shall pay
1-57     out the original amount deposited in the registry of the court and
1-58     90 percent of the interest earned on that amount at the time and in
1-59     the manner directed by the court with proper jurisdiction.
1-60           SECTION 6.  Subsection (b), Section 117.123, Local Government
1-61     Code, is amended to read as follows:
1-62           (b)  A written report of the audit shall be delivered to the
1-63     county judge, each county commissioner, and a [the district] clerk
1-64     within 90 days after the last day of the fiscal year.  A copy of
 2-1     the audit shall be kept at the clerk's office [of the district
 2-2     clerk] and shall be open to inspection by any interested person [or
 2-3     persons] during normal office hours.  The cost of the audit shall
 2-4     be paid by the county.
 2-5           SECTION 7.  Section 117.124, Local Government Code, is
 2-6     amended to read as follows:
 2-7           Sec. 117.124.  LIABILITY OF [DISTRICT] CLERK.  (a)  A
 2-8     [district] clerk is not responsible for:
 2-9                 (1)  a loss of funds resulting from the failure or
2-10     negligence of a depository; or
2-11                 (2)  the safety of funds after deposit in a depository
2-12     selected under this subchapter.
2-13           (b)  A [district] clerk is responsible for:
2-14                 (1)  a loss of funds resulting from the clerk's
2-15     official misconduct, negligence, or misappropriation of the funds;
2-16     and
2-17                 (2)  the safety of funds before deposit in a depository
2-18     selected under this subchapter.
2-19           SECTION 8.  Subchapter E, Chapter 117, Local Government Code,
2-20     is amended by adding Section 117.125 to read as follows:
2-21           Sec. 117.125.  TRANSFER OF MONEY.  (a)  In the absence of a
2-22     contrary order from a court having jurisdiction over the registry
2-23     fund, a clerk may transfer money deposited in the fund into a
2-24     separate account.
2-25           (b)  A clerk shall transfer all money deposited in a registry
2-26     fund under Section 887, Texas Probate Code, into a separate
2-27     account.
2-28           (c)  Money transferred into a separate account under this
2-29     section must be:
2-30                 (1)  transferred into an account authorized for
2-31     investment under Chapter 2256, Government Code, by a local
2-32     government or investment pool; and
2-33                 (2)  invested according to the investment officer
2-34     designated under Section 2256.005, Government Code, by the
2-35     investing entity of which the county is a member.
2-36           (d)  A transfer of money into a separate account under this
2-37     section is exempt from the requirements prescribed by Section
2-38     117.121 for disbursements from registry funds.
2-39           (e)  An investment of money transferred from a registry fund
2-40     under this section is subject to the limitations, policies, and
2-41     standards of care provided by Chapter 2256, Government Code.
2-42           SECTION 9.  The importance of this legislation and the
2-43     crowded condition of the calendars in both houses create an
2-44     emergency and an imperative public necessity that the
2-45     constitutional rule requiring bills to be read on three several
2-46     days in each house be suspended, and this rule is hereby suspended,
2-47     and that this Act take effect and be in force from and after its
2-48     passage, and it is so enacted.
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