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A BILL TO BE ENTITLED
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AN ACT
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relating to the offices of county treasurer and county auditor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 103.003(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A community supervision and corrections department and |
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a county treasurer may collect money payable under this title with |
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the written approval of the clerk of the court or fee officer, and |
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may collect money payable as otherwise provided by law. |
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SECTION 2. Articles 103.004(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection [Subsections (b) and] |
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(c), an officer who collects recognizances, bail bonds, fines, |
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forfeitures, judgments, jury fees, and other obligations recovered |
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in the name of the state under any provision of this title shall |
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deposit the money in the county treasury not later than the next |
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regular business day after the date that the money is collected. If |
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it is not possible for the officer to deposit the money in the |
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county treasury by that date, the officer shall deposit the money in |
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the county treasury as soon as possible, but not later than the |
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fifth [third] regular business day after the date that the money is |
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collected. |
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(c) The commissioners court of a county with a population of |
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less than 50,000 may authorize an officer who is required to deposit |
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money under Subsection (a) to deposit the money in the county |
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treasury not later than the 15th [30th] day after the date that the |
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money is collected. |
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SECTION 3. Section 83.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) A person who first takes office as [Within one year
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after the date on which a person first takes office as county
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treasurer, the] county treasurer must successfully complete an |
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introductory course of instruction in the performance of the duties |
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of county treasurer: |
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(1) within one year after the date on which the person |
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takes office if elected to a full term; or |
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(2) at the earliest available date if appointed by the |
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commissioners court or elected to an unexpired term of county |
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treasurer. |
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SECTION 4. Chapter 83, Local Government Code, is amended by |
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adding Sections 83.008 and 83.009 to read as follows: |
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Sec. 83.008. SURETY BOND ON ASSISTANT TREASURERS, DEPUTIES, |
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AND EMPLOYEES; SELF-INSURANCE. (a) If a county treasurer employs |
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only one assistant or deputy, the county treasurer shall execute a |
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surety bond to cover the assistant or deputy and shall execute a |
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schedule surety bond or a blanket surety bond to cover all other |
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employees of the office. If a county treasurer employs more than |
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one assistant or deputy, the county treasurer shall execute a |
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blanket surety bond to cover the assistants or deputies and all |
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other employees of the office. |
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(b) Instead of a county treasurer obtaining a bond as |
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required by Subsection (a), the county may self-insure against |
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losses that would have been covered by the bond. |
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(c) The bond under this section must be conditioned in the |
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same manner and must be for the same amount as the bond for the |
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county treasurer under Section 83.002. The bond must be made |
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payable to the county judge for the use and benefit of the county |
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treasurer. |
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Sec. 83.009. ASSISTANT TREASURER OR TREASURY DEPUTY. (a) |
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The appointment of an assistant treasurer or treasury deputy must |
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be in writing, be signed by the county treasurer, and bear the seal |
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of the county court. |
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(b) A person appointed as an assistant treasurer or treasury |
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deputy, before beginning to perform the duties of office, must take |
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and subscribe the official oath, which, together with the |
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certificate of the officer administering the oath, must be endorsed |
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on the appointment. The appointment and oath shall be deposited and |
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recorded in the county clerk's office. |
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(c) An assistant treasurer or treasury deputy acts in the |
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name of the county treasurer as directed by the county treasurer and |
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may perform all official acts that the county treasurer may perform |
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at the discretion of the county treasurer. |
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SECTION 5. Sections 111.0707 and 111.07075, Local |
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Government Code, are amended to read as follows: |
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Sec. 111.0707. SPECIAL BUDGET FOR REVENUE FROM |
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INTERGOVERNMENTAL CONTRACTS. (a) The county auditor shall certify |
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to the commissioners court the receipt of all revenue from |
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intergovernmental contracts that is available for disbursement in a |
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fiscal year but not included in the budget for that fiscal year. On |
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certification, the court shall adopt a special budget for the |
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limited purpose of spending the revenue from intergovernmental |
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contracts for its intended purpose. |
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(b) The county treasurer shall notify the county auditor of |
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the receipt of all revenue from intergovernmental contracts not |
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previously included in a special budget or the annual budget for |
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that fiscal year. |
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Sec. 111.07075. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER |
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START OF FISCAL YEAR. (a) The county auditor shall certify to the |
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commissioners court the receipt of revenue from a new source not |
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anticipated before the adoption of the budget and not included in |
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the budget for that fiscal year. On certification, the court may |
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adopt a special budget for the limited purpose of spending the |
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revenue for general purposes or for any of its intended purposes. |
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(b) The county treasurer shall notify the county auditor of |
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the receipt of all revenue from a new source not anticipated before |
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the adoption of the budget and not previously included in a special |
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budget or the annual budget for that fiscal year. |
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SECTION 6. Section 111.091(b), Local Government Code, is |
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amended to read as follows: |
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(b) The county auditor shall enter to an appropriation |
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account each order for payment [warrant] drawn against that |
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appropriation. |
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SECTION 7. Section 111.092, Local Government Code, is |
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amended to read as follows: |
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Sec. 111.092. DEPARTMENTAL EXPENSES NOT TO EXCEED |
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APPROPRIATIONS. The county auditor shall oversee the payment |
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[warrant] process to ensure that the expenses of any department do |
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not exceed the budget appropriations for that department. |
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SECTION 8. Subchapter A, Chapter 112, Local Government |
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Code, is amended by adding Section 112.0045 to read as follows: |
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Sec. 112.0045. DELEGATION TO COUNTY TREASURER. With the |
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approval of the county clerk and the commissioners court, the |
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county treasurer may perform the duties of the county clerk under |
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Section 112.004. |
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SECTION 9. Subchapter A, Chapter 113, Local Government |
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Code, is amended by adding Section 113.0001 to read as follows: |
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Sec. 113.0001. DEFINITIONS. In this chapter: |
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(1) "Depository" means the financial institution |
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selected under Section 116.021 for safekeeping of the county |
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treasury. |
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(2) "Depository account" means an account covered by |
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the depository agreement, including required collateral. |
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(3) "Money" means an item or medium of exchange such as |
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coins, currency, checks, or other means of payment, including |
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electronic payment. |
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(4) "Treasury" means the money belonging to the county |
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held by the county treasurer. |
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SECTION 10. Section 113.008, Local Government Code, is |
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amended to read as follows: |
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Sec. 113.008. RECONCILIATION OF DEPOSITORY ACCOUNTS |
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[COUNTY CHECKS AND WARRANTS]. (a) The county depository shall |
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provide statements of all bank activity and documentation |
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supporting a statement's transactions not less than once a month |
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[all canceled checks and warrants and supporting statements] to the |
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county treasurer. |
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(b) The county depository shall provide the information |
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required by Subsection (a) to the official responsible for the |
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account [Subsection (a) does not apply] if: |
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(1) the checks and orders for payment [warrants] are |
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payable from funds under the direct authority of an official other |
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than the county treasurer as provided by statute; and |
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(2) the official has not delegated the responsibility |
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for reconciliation under Subsection (b-1). |
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(b-1) The [exemption provided by this subsection does not
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apply if the] official may request [requests] the county treasurer |
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to be responsible for the reconciliation of the checks and orders |
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for payment [warrants] payable from the funds that are under the |
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direct authority of the official. An official who fails to |
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reconcile the official's special accounts monthly shall transfer |
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responsibility for account reconciliation to the county treasurer. |
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Unless the official and county treasurer set another period in |
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writing for the duration of a transfer under this section, the |
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transfer is effective for the duration of the term of office for the |
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designating officer. |
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(c) In fulfilling the requirements of Subsections |
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[Subsection] (a) and (b), the county depository shall provide, at |
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the direction of the county treasurer and in accordance with the |
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rules adopted by the Texas State Library and Archives Commission, |
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originals, optical images, or electronic images of: |
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(1) [original] canceled checks and orders for payment |
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[warrants]; [or] |
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(2) deposit detail; |
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(3) debit and credit memoranda; or |
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(4) electronic transmission detail [optical images of
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the front and back of canceled checks and warrants if the optical
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images are retained in accordance with the rules adopted by the
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Texas State Library and Archives Commission]. |
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(d) The county treasurer shall: |
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(1) reconcile all balances and transactions for each |
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treasury account in the county depository's statement of activity |
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to the transactions and balances shown on the treasurer's records |
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[the canceled checks and warrants with the account records of the
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depository]; and |
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(2) ensure all financial adjustments are made |
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regarding the depository account as required. |
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(e) In this section, a reference to the county treasurer |
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includes a person performing the duties of the county treasurer. |
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(f) An official with special funds in the depository bank |
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shall: |
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(1) reconcile all balances and transactions in the |
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statement of activity to the transactions and balances shown on the |
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official's records; and |
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(2) each month, ensure all financial adjustments |
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resulting from the reconciliation are reported to the county |
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auditor for entry in the general set of records and reflected in the |
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cash receipts and disbursement registers of the county treasurer. |
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SECTION 11. Sections 113.021 and 113.022, Local Government |
|
Code, are amended to read as follows: |
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Sec. 113.021. REQUIREMENT THAT MONEY BE DEPOSITED WITH |
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COUNTY TREASURER [AND PUT INTO SPECIAL FUND]; INTEREST. (a) The |
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fees, commissions, funds, and other money belonging to a county |
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shall be deposited with the county treasurer by the person |
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[officer] who collects the money. The person [officer] must |
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deposit the money in accordance with any applicable procedures |
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prescribed by or under Section 112.001 or 112.002. However, the |
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county tax assessor-collector must deposit the money in accordance |
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with the procedures prescribed by or under the Tax Code and other |
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laws. |
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(b) The county treasurer shall deposit the money in the |
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county depository in the proper [a special] fund to the credit of |
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the person or department collecting [officer who collected] the |
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money. [If the money is fees, commissions, or other compensation
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collected by an officer who is paid on a salary basis, the
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appropriate special fund is the applicable salary fund created
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under Chapter 154.] |
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(c) The interest accruing on the money in the [special] fund |
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is for the benefit of the county in accordance with other law. |
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Sec. 113.022. TIME FOR MAKING DEPOSITS. (a) A county |
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officer or other person who receives money [funds] shall deposit |
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the money [funds] with the county treasurer on or before the next |
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regular business day after the date on which the money is [funds
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are] received. If this deadline cannot be [is not] met, the officer |
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or person must deposit the money [funds], without exception, on or |
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before the fifth [seventh] business day after the day on which the |
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money is [funds are] received. However, in a county with fewer than |
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50,000 inhabitants, the commissioners court may extend the period |
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during which funds must be deposited with the county treasurer, but |
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the period may not exceed 15 [30] days after the date the funds are |
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received. |
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(b) A county treasurer shall deposit the money [funds] |
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received under Subsection (a) in the county depository in |
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accordance with Section 116.113(a). In all cases, the treasurer |
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shall deposit the money [funds] on or before the seventh business |
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day after the date the treasurer receives the money [funds]. |
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SECTION 12. The heading to Section 113.041, Local |
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Government Code, is amended to read as follows: |
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Sec. 113.041. DISBURSEMENT OF MONEY BY COUNTY TREASURER; |
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PAYMENT BY CHECK OR ELECTRONIC TRANSMISSION [OR WARRANT]; LOST OR |
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DESTROYED INSTRUMENT. |
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SECTION 13. Sections 113.041(b), (c), (d), (e), (g), and |
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(h), Local Government Code, are amended to read as follows: |
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(b) Except as provided by Chapter 156, a person may not |
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spend or withdraw money from the county treasury except by a check |
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or order for payment [warrant] drawn on the county treasury, |
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whether or not the money is in a county depository as required by |
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law. |
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(c) The county treasurer may not disburse [pay] money out of |
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the county treasury without an order for payment [a certificate or
|
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warrant] from an officer who is authorized by law to issue the order |
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[certificate or warrant]. |
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(d) If the county treasurer doubts the legality or propriety |
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of an order[, decree, certificate, or warrant] presented to the |
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treasurer for payment, the treasurer may not make the payment. The |
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treasurer shall report the matter to the commissioners court for |
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the court's consideration and direction. The treasurer may require |
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that the claim supporting the order be verified by an affidavit. |
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(e) If the county treasurer is satisfied that an original |
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check or other order drawn on the county treasury by a proper |
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authority is lost or destroyed, the treasurer may issue a duplicate |
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instrument in place of the original. The treasurer may not issue a |
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duplicate until an applicant has filed an affidavit with the |
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treasurer that states that the applicant is the true owner of the |
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original instrument and that, to the best knowledge and belief of |
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the applicant, the original is lost or destroyed. |
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(g) If, after issuance of the duplicate instrument, the |
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county treasurer determines that the duplicate was issued |
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improperly or that the applicant or person to whom the duplicate was |
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issued is not the owner of the original instrument, the treasurer |
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shall immediately stop payment or demand [the return of the
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duplicate, if it is unpaid, or] the return of the amount paid by the |
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county, if the duplicate is paid. If the person fails to return the |
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[duplicate instrument or the] amount of the instrument, the |
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treasurer shall institute a suit for recovery [on the bond] through |
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the office of the county or district attorney. Venue for the suit |
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lies in the county in which the treasurer serves. |
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(h) A county treasurer may not honor a check or order for |
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payment [warrant] on the interest and sinking fund provided for a |
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bond of the county or pay out or divert money in that fund except to |
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pay the principal of or interest on the bond or invest money in |
|
securities as provided by law. |
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SECTION 14. The heading to Section 113.042, Local |
|
Government Code, is amended to read as follows: |
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Sec. 113.042. ENDORSEMENT BY COUNTY TREASURER; OTHER |
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[WARRANT] REQUIREMENTS FOR ORDER FOR PAYMENT. |
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SECTION 15. Sections 113.042(a), (b), (e), (f), and (g), |
|
Local Government Code, are amended to read as follows: |
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(a) On the presentation of an order for payment [a warrant], |
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check, or voucher[, or order] drawn by a proper authority, and if |
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there are sufficient funds for payment on deposit in the account |
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against which the instrument is drawn, the county treasurer shall |
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endorse on the face of the instrument the order to pay the named |
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payee and shall charge the amount in the treasurer's records to the |
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fund on which it is drawn. |
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(b) The county treasurer may not issue and the county |
|
depository may not pay a check drawn on the county depository to |
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take up an order for payment [a warrant] drawn by a proper |
|
authority, but the county treasurer shall, on the presentation of |
|
the order [warrant], endorse the order [warrant] and deliver it to |
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the payee, who may present it to the county depository for payment. |
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(e) Each check or order for payment [warrant] issued or |
|
drawn by an officer under the provisions of this section is subject |
|
to all laws and rules relating to auditing and countersigning. |
|
(f) Each order for payment [warrant] or scrip issued against |
|
the county treasurer by a judge or court must be signed and attested |
|
by the clerk or judge of the court under that officer's official |
|
seal. |
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(g) A justice of the peace may not issue an order for payment |
|
[warrants] against the county treasury for any purpose except as |
|
may be provided by the Code of Criminal Procedure. |
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SECTION 16. Section 113.043, Local Government Code, is |
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amended to read as follows: |
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Sec. 113.043. COUNTERSIGNATURE BY COUNTY AUDITOR. In a |
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county with a county auditor, the county treasurer and the county |
|
depository may not pay a check or order for payment [warrant] unless |
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it is countersigned by the county auditor to validate it as a proper |
|
and budgeted item of expenditure. This section does not apply to a |
|
check or order [warrant] for jury service or for restitution |
|
collected on behalf of an individual as authorized by law. |
|
SECTION 17. Section 113.046, Local Government Code, is |
|
amended to read as follows: |
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Sec. 113.046. REGISTER OF ORDERS FOR PAYMENT [WARRANTS] |
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ISSUED BY JUDGE OR CLERK. (a) The county auditor shall maintain a |
|
register of the orders for payment [warrants] issued on the county |
|
treasurer by a judge or by the district or county clerk. A register |
|
entry for an order [a warrant] must indicate the date of payment by |
|
the treasurer. |
|
(b) On a form prepared by the auditor, the clerk or judge |
|
shall furnish the auditor with a daily itemized report that |
|
specifies the orders for payment [warrants] issued, the number of |
|
orders [warrants], the amounts of the orders [warrants], the names |
|
of the persons to whom the orders [warrants] are payable, and the |
|
purposes of the orders [warrants]. |
|
SECTION 18. Section 113.048(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) A system or method of payment authorized by this section |
|
may be used in lieu of or in addition to the issuance of [warrants
|
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or] checks or orders for payment authorized under this subchapter. |
|
SECTION 19. The heading to Section 113.061, Local |
|
Government Code, is amended to read as follows: |
|
Sec. 113.061. CLAIMS INFORMATION; PAYMENT OWED BY THE |
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COUNTY [REGISTER; CLASSES OF CLAIMS]. |
|
SECTION 20. Section 113.061, Local Government Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsections |
|
(a-1) and (b-1) to read as follows: |
|
(a) The county treasurer shall maintain a record of claims |
|
[in which the treasurer shall register each claim] against the |
|
county. The treasurer shall record [register] the claims as [in the
|
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order in which] they are presented by the officer authorizing the |
|
expenditure. |
|
(a-1) In a county without a county auditor, a claim must be |
|
submitted to the county treasurer for presentation to the |
|
commissioners court for approval and must be encumbered for payment |
|
by providing notice of the expenditure to the county treasurer, |
|
including a copy of the requisition or purchase. The treasurer |
|
shall place an encumbrance against the proper account until the |
|
claim is allowed or refused by the commissioners court. [If more
|
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than one claim is presented at the same time, the treasurer shall
|
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register them in the order of their date.] |
|
(b) The county treasurer may not pay a claim, or any part of |
|
it, until the claim has been encumbered [registered]. An officer |
|
may not order payment of [receive] a claim, or any part of it, [in
|
|
payment of any indebtedness owed to the county] until the claim has |
|
been encumbered [registered]. |
|
(b-1) An encumbrance under this section does not guarantee |
|
approval of the claim by the official authorized to approve the |
|
claim. |
|
SECTION 21. Section 113.063, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 113.063. CLAIMS INFORMATION LIST; INDEBTEDNESS TO THE |
|
COUNTY. (a) Each officer who collects a fine, penalty, forfeiture, |
|
judgment, tax, or other indebtedness owed to the county in a claim |
|
against the county shall keep a descriptive list of those claims. |
|
When the officer reports the collection, the officer shall file |
|
with the report a list that states: |
|
(1) the party in whose favor the claim was issued; |
|
(2) [the class and register number of the claim;
|
|
[(3)] the name of the party paying in the claim; |
|
(3) [(4)] the amount received; and |
|
(4) [(5)] the purpose for which the amount was |
|
received. |
|
(b) The officer shall give the claims and the report to the |
|
county treasurer, who shall give the officer a receipt. The |
|
treasurer shall determine the time and manner of making [file the
|
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list with] the [treasurer's] report [in the office of the county
|
|
clerk]. |
|
SECTION 22. Section 114.022, Local Government Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) A county publishing monthly financial reports under |
|
Section 114.023 that publishes its comprehensive annual financial |
|
report on its Internet website is not required to publish an exhibit |
|
under this section. |
|
SECTION 23. Section 114.023(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) In addition to information considered necessary by the |
|
auditor or required by the commissioners court, the report must |
|
contain: |
|
(1) all of the facts of interest related to the |
|
financial condition of the county; |
|
(2) a consolidated balance sheet; |
|
(3) a complete statement of the balances on hand at the |
|
beginning and end of the month; |
|
(4) a statement of the aggregate receipts and |
|
disbursements of each fund; |
|
(5) a statement of transfers to and from each fund; |
|
(6) a statement of the bond and order for payment |
|
[warrant] indebtedness with corresponding rates of interest; and |
|
(7) a summarized budget statement that shows: |
|
(A) the expenses paid from the budget for each |
|
budgeted officer, department, or institution during that month and |
|
for the period of the fiscal year inclusive of the month for which |
|
the report is made; |
|
(B) the encumbrances against the budgets; and |
|
(C) the amounts available for further |
|
expenditures. |
|
SECTION 24. Section 115.002(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) The auditor shall carefully examine the report made |
|
under Section 114.026 by the county treasurer, together with the |
|
canceled orders for payment [warrants] that have been paid. The |
|
auditor shall verify those orders [warrants] with the register of |
|
orders [warrants] issued as shown on the auditor's books. |
|
SECTION 25. Section 116.002(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) Orders for payment [Warrants], checks, and vouchers |
|
evidencing the money deposited in the county depository under |
|
Subsection (a) are subject to audit and countersignature as |
|
provided by law. |
|
SECTION 26. Section 116.115, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 116.115. CLEARINGHOUSE FOR MULTIPLE DEPOSITORIES. If |
|
the funds of a county are deposited with more than one depository, |
|
the commissioners court shall by order name one of the depositories |
|
to act as a clearinghouse for the others. All county orders for |
|
payment [warrants] are finally payable at the depository named as |
|
the clearinghouse. |
|
SECTION 27. Sections 116.116(a) and (c), Local Government |
|
Code, are amended to read as follows: |
|
(a) A county depository shall pay a check or order for |
|
payment [warrant] drawn by the county treasurer against funds |
|
deposited with the depository on presentation of the check or order |
|
[warrant] if the funds subject to the check or order [warrant] are |
|
in the possession of the depository, and, in the case of a time |
|
deposit, if the agreed period of notice has expired. |
|
(c) An order for payment [A warrant] or check, including an |
|
order [a warrant] or check issued prior to September 1, 1993, issued |
|
by the county treasurer in settlement of a claim against a county |
|
that is not presented for payment before the 366th day following the |
|
date of issuance is overdue and nonnegotiable. The sum of the |
|
overdue order [warrant] or check shall be credited as revenue to the |
|
county if delivery to the payees was attempted or occurred within a |
|
reasonable time following the issuance of the order [warrant] or |
|
check. No right to full settlement of a proper unpaid claim is |
|
extinguished by this subsection. |
|
SECTION 28. The heading to Section 116.120, Local |
|
Government Code, is amended to read as follows: |
|
Sec. 116.120. COLLECTION OF CERTAIN OVERDUE COUNTY ORDERS |
|
FOR PAYMENT [WARRANTS] OR CHECKS. |
|
SECTION 29. Sections 116.120(a) and (b), Local Government |
|
Code, are amended to read as follows: |
|
(a) This section applies only to an order for payment [a
|
|
warrant] or check issued by a county treasurer in settlement of a |
|
claim against a county that has not been presented for payment. |
|
(b) A person attempting to recover funds from the county for |
|
a check or order for payment [warrant] issued by the county |
|
treasurer may not charge the person to whom the check or order |
|
[warrant] was issued and on whose behalf the attempted recovery is |
|
made, or that person's successors or assigns, a fee in an amount |
|
equal to more than 10 percent of the face value of the check or order |
|
[warrant]. |
|
SECTION 30. Section 116.155, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 116.155. FAILURE OF DEPOSITORY TO PAY CHECK OR ORDER |
|
FOR PAYMENT [WARRANT]. A depository that does not pay a check or |
|
order for payment [warrant] as required by Section 116.116(a) is |
|
liable for and shall pay to the holder 10 percent of the amount of |
|
the check or order for payment [warrant], and the commissioners |
|
court shall revoke the order creating the depository. |
|
SECTION 31. Section 118.023(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) In this section, "ex officio services" includes |
|
services in relation to roads, bridges, and ferries; issuing and |
|
taking receipts for jury scrip or county orders for payment |
|
[warrants]; services in habeas corpus cases; making out bar |
|
dockets; keeping records of trust funds; filing and docketing all |
|
papers for the commissioners court; keeping road overseers' books |
|
and lists of hands; recording all collection returns of delinquent |
|
insolvents; recording county treasurer's reports; recording |
|
reports of justices of the peace; recording reports of animals |
|
slaughtered; and services in connection with elections. |
|
SECTION 32. Section 130.902(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) A change fund may not be used to make loans or advances |
|
or to cash checks or orders for payment [warrants] of any kind. |
|
SECTION 33. Section 130.905(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) In making payments to support the paupers that the |
|
county is required to support, the commissioners court, with the |
|
concurrence of the county auditor, may make one payment to the head |
|
of the county welfare department. The head of the county welfare |
|
department may disburse the money to the paupers on orders for |
|
payment [warrants] designed by the county auditor. The orders |
|
[warrants] are subject to audit by the county auditor at any time. |
|
The disbursements must be reported on forms and at times prescribed |
|
by the auditor. |
|
SECTION 34. Section 130.909(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) The petty cash fund may not be used to make loans or |
|
advances or to cash checks or orders for payment [warrants] of any |
|
kind. |
|
SECTION 35. (a) Article 103.004(b), Code of Criminal |
|
Procedure, is repealed. |
|
(b) The following sections of the Local Government Code are |
|
repealed: |
|
(1) Sections 113.061(c), (d), (e), and (f); |
|
(2) Section 113.062; and |
|
(3) Section 113.066. |
|
SECTION 36. (a) A county treasurer required to execute a |
|
surety bond under Section 83.008, Local Government Code, as added |
|
by this Act, shall execute a surety bond not later than October 1, |
|
2011. |
|
(b) The change in law made by Section 83.009, Local |
|
Government Code, as added by this Act, applies to an assistant |
|
treasurer or treasury deputy appointed on or after the effective |
|
date of this Act. An assistant treasurer or treasury deputy |
|
appointed before the effective date of this Act is covered by the |
|
law in effect when the assistant treasurer or treasury deputy was |
|
appointed. |
|
SECTION 37. This Act takes effect September 1, 2011. |