81R10021 NC-F
By: West S.B. No. 2123
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain county services and
duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.08, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A
warrant of arrest may be forwarded by a method that ensures the
transmission of a duplicate of the original warrant, including
secure facsimile transmission or other secure electronic means
[telegraph from any telegraph office to another in this State]. If
issued by any magistrate named in Article 15.06, the peace officer
receiving the same shall execute it without delay. If it be issued
by any other magistrate than is named in Article 15.06, the peace
officer receiving the same shall proceed with it to the nearest
magistrate of the peace officer's [his] county, who shall endorse
thereon, in substance, these words:
"Let this warrant be executed in the county of ...........",
which endorsement shall be dated and signed officially by the
magistrate making the same.
SECTION 2. Article 15.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A
complaint in accordance with Article 15.05, may be forwarded
[telegraphed], as provided by [in the preceding] Article 15.08, to
any magistrate in the State; and the magistrate who receives the
same shall forthwith issue a warrant for the arrest of the accused;
and the accused, when arrested, shall be dealt with as provided in
this Chapter in similar cases.
SECTION 3. Article 15.19(a), Code of Criminal Procedure, is
amended to read as follows:
(a) If the arrested person fails or refuses to give bail, as
provided in Article 15.18, the arrested person shall be committed
to the jail of the county where the person was arrested; and the
magistrate committing the arrested person shall immediately
provide notice to the sheriff of the county in which the offense is
alleged to have been committed regarding:
(1) the arrest and commitment, which notice may be
given by [telegraph,] mail[,] or other written means or by secure
facsimile transmission or other secure electronic means; and
(2) whether the person was also arrested under a
warrant issued under Section 508.251, Government Code.
SECTION 4. Article 26.13, Code of Criminal Procedure, is
amended by adding Subsection (j) to read as follows:
(j) A person who is incarcerated in a facility operated by,
or under contract with, the Texas Department of Criminal Justice
may submit a plea of guilty or plea of nolo contendere regarding a
misdemeanor charge in writing, transmitted by mail, facsimile, or
other means. Before accepting a plea under this subsection, the
court shall make the admonitions required by this article to the
defendant in writing as provided by Subsection (d).
SECTION 5. Section 31.037, Election Code, is amended to
read as follows:
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The
employment of the county elections administrator may be suspended,
with or without pay, or terminated at any time for good and
sufficient cause on the four-fifths vote of the county election
commission and approval of that action by a majority vote of the
commissioners court.
SECTION 6. Section 61.001(f), Government Code, is amended
to read as follows:
(f) A reimbursement for expenses under this section is not a
property right of a person who reports for jury service for purposes
of Chapters 72 and 74, Property Code. If a check, instrument, or
other method of payment authorized under Section 113.048, Local
Government Code, [instrument] representing a reimbursement under
this section is not presented for payment or redeemed before the
90th day after it is issued:
(1) the instrument or other method of payment is
considered forfeited and is void; and
(2) the money represented by the instrument or other
method of payment may be placed or retained in the county's jury
fund, the county's general fund, or any other fund in which county
funds can be legally placed, at the discretion of the commissioners
court.
SECTION 7. Section 61.003, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Subsection (a), a county that has
adopted a system or method of payment authorized by Section
113.048, Local Government Code, may provide a person who reports
for jury service in the county an opportunity to donate all, or a
specific part designated by the juror, of the juror's daily
reimbursement by completing a self-executing application on a form
prescribed by the commissioners court.
SECTION 8. Section 694.002, Health and Safety Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) If a county discovers cash in the possession of a
deceased pauper, the county shall place the money in a trust
account. A person having a claim to the money in the trust account
must exercise the right to collect the money not later than the
first anniversary of the date the money is placed in the trust
account.
(d) A county may create a fund to be used by the county to
pay the costs incurred in disposing of the bodies of deceased
paupers. If money placed in a trust account under Subsection (c) is
not claimed by the first anniversary of the date the money is placed
in the trust account, the county may transfer the money to the fund
created under this subsection.
SECTION 9. Section 716.101, Health and Safety Code, is
amended to read as follows:
Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. (a) Except as
provided by Subsection (b), a [A] crematory establishment may not
accept for cremation unidentified human remains.
(b) Notwithstanding any other provision of this chapter, a
crematory establishment may accept for cremation unidentified
human remains from a county on the order of:
(1) the county commissioners court; or
(2) a court located in the county.
SECTION 10. Subchapter C, Chapter 113, Local Government
Code, is amended by adding Section 113.048 to read as follows:
Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a)
Notwithstanding any other provision of this subchapter or other law
to the contrary, a county treasurer may disburse to a person who
reports for jury service and discharges the person's duty the daily
amount of reimbursement for jury service expenses set by the
commissioners court under Section 61.001, Government Code, by:
(1) using an electronic funds transfer system in
accordance with Chapter 156;
(2) using a cash dispensing machine;
(3) issuing a debit card or a stored value card; or
(4) using any other method that the county treasurer
and the commissioners court determine is secure, accurate, and
cost-effective and that is convenient for persons who report for
jury service.
(b) A system or method of payment adopted by a county
treasurer under Subsection (a) may be implemented only if it is
approved by the commissioners court and administered in accordance
with the procedures established by the county auditor or by the
chief financial officer of a county that does not have a county
auditor.
(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 or
checks authorized under this subchapter.
SECTION 11. Section 262.003(a), Local Government Code, is
amended to read as follows:
(a) Any law that requires a county to follow a competitive
bidding procedure in making a purchase requiring the expenditure of
$50,000 [$25,000] or less does not apply to the purchase of an item
available for purchase from only one supplier.
SECTION 12. Section 262.023(a), Local Government Code, is
amended to read as follows:
(a) Before a county may purchase one or more items under a
contract that will require an expenditure exceeding $50,000
[$25,000], the commissioners court of the county must:
(1) comply with the competitive bidding or competitive
proposal procedures prescribed by this subchapter;
(2) use the reverse auction procedure, as defined by
Section 2155.062(d), Government Code, for purchasing; or
(3) comply with a method described by Subchapter H,
Chapter 271.
SECTION 13. Section 271.024, Local Government Code, is
amended to read as follows:
Sec. 271.024. COMPETITIVE BIDDING PROCEDURE APPLICABLE TO
CONTRACT. The bidding of [If a governmental entity is required by
statute to award] a contract awarded by a governmental entity for
the construction, repair, or renovation of a structure, road,
highway, or other improvement or addition to real property [on the
basis of competitive bids, and if the contract requires the
expenditure of more than $25,000 from the funds of the entity, the
bidding on the contract] must be accomplished in the manner
provided by this subchapter if:
(1) a statute requires the governmental entity to
award the contract on the basis of competitive bids; and
(2) the contract requires the expenditure of more
than:
(A) $25,000 from the funds of a governmental
entity other than a county; or
(B) $50,000 from the funds of a county.
SECTION 14. Section 363.156(b), Local Government Code, is
amended to read as follows:
(b) To the extent competitive bidding procedures in Title 8
apply, the board may not enter purchasing contracts that involve
spending more than $50,000 [$25,000] unless the board complies
with:
(1) Subchapter C, Chapter 262, if the district was
created by a county; or
(2) Chapter 252, if the district was created by a
municipality.
SECTION 15. Section 1702.104(b), Occupations Code, is
amended to read as follows:
(b) For purposes of Subsection (a)(1), "obtaining or
furnishing information" includes information obtained or furnished
through the review and analysis of, and the investigation into the
content of, computer-based data not available to the public.
"Obtaining or furnishing information" does not include information
obtained or furnished by an information technology professional who
is an employee of a county and who is:
(1) in the course and scope of employment, installing
or repairing computer equipment belonging to the county or is
examining the cause for required repair; and
(2) not performing any other act that requires a
license under this chapter.
SECTION 16. Subchapter B, Chapter 1704, Occupations Code,
is amended by adding Section 1704.057 to read as follows:
Sec. 1704.057. DISSOLUTION OF BOARD. (a) The
commissioners court of a county by order may dissolve a bail bond
board created under Section 1704.052 if:
(1) a majority of the bail bond board members vote to
approve dissolution;
(2) the board provides the commissioners court the
required plan under Subsection (b); and
(3) all of the board's debts and obligations have been
discharged.
(b) After voting to approve dissolution, the bail bond board
shall submit a plan to the commissioners court to provide for the:
(1) revocation or cancellation of bail bond licenses
previously issued by the board;
(2) return of the security deposit of each license
holder in a timely manner after the license holder shows that no
judgment or bond liability, actual or potential, is outstanding
against the license holder;
(3) disposition of a security deposit for which a
judgment or bond liability, actual or potential, is outstanding
against the license holder; and
(4) transfer of any property belonging to the bail
bond board to the county after the board's dissolution.
(c) Chapter 17, Code of Criminal Procedure, governs the
taking of bail in a county in which the bail bond board has been
dissolved.
SECTION 17. Section 42.43(b), Tax Code, is amended to read
as follows:
(b) For a refund made under this section because an
exemption under Section 11.20 that was denied by the chief
appraiser or appraisal review board is granted, the taxing unit
shall include with the refund interest on the amount refunded
calculated at an annual rate that is equal to the auction average
rate quoted on a bank discount basis for three-month treasury bills
issued by the United States government, as published by the Federal
Reserve Board, for the week in which the taxes became delinquent,
but not more than 10 percent, calculated from the delinquency date
for the taxes until the date the refund is made. For any other
refund made under this section, the taxing unit shall include with
the refund interest on the amount refunded at a current fair market
[an] annual rate [of eight percent], calculated from the
delinquency date for the taxes until the date the refund is made.
SECTION 18. (a) Article 26.13(j), Code of Criminal
Procedure, as added by this Act, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect at the time the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
(b) Section 61.001(f), Government Code, as amended by this
Act, applies only to a disbursement for the reimbursement for jury
service expenses on or after the effective date of this Act.
(c) The changes in law made by Sections 262.003, 262.023,
271.024, and 363.156, Local Government Code, as amended by this
Act, apply only to a purchase made or contract executed on or after
the effective date of this Act. A purchase made or contract
executed before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 19. This Act takes effect September 1, 2009.