Texas 2011 - 82nd Regular

Texas Senate Bill SB373 Compare Versions

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1	1	By: Duncan S.B. No. 373
2	2	(Darby)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the office of county treasurer.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (b), Article 103.003, Code of
10	10	Criminal Procedure, is amended to read as follows:
11	11	(b) A community supervision and corrections department and
12	12	a county treasurer may collect money payable under this title with
13	13	the written approval of the clerk of the court or fee officer, and
14	14	may collect money payable as otherwise provided by law.
15	15	SECTION 2. Subsections (a) and (c), Article 103.004, Code
16	16	of Criminal Procedure, are amended to read as follows:
17	17	(a) Except as provided by Subsection [Subsections (b) and]
18	18	(c), an officer who collects recognizances, bail bonds, fines,
19	19	forfeitures, judgments, jury fees, and other obligations recovered
20	20	in the name of the state under any provision of this title shall
21	21	deposit the money in the county treasury not later than the next
22	22	regular business day after the date that the money is collected. If
23	23	it is not possible for the officer to deposit the money in the
24	24	county treasury by that date, the officer shall deposit the money in
25	25	the county treasury as soon as possible, but not later than the
26	26	fifth [third] regular business day after the date that the money is
27	27	collected.
28	28	(c) The commissioners court of a county with a population of
29	29	less than 50,000 may authorize an officer who is required to deposit
30	30	money under Subsection (a) to deposit the money in the county
31	31	treasury not later than the 15th [30th] day after the date that the
32	32	money is collected.
33	33	SECTION 3. Subsection (a), Section 83.003, Local Government
34	34	Code, is amended to read as follows:
35	35	(a) A [Within one year after the date on which a] person
36	36	first takes office as [county treasurer, the] county treasurer must
37	37	successfully complete an introductory course of instruction in the
38	38	performance of the duties of county treasurer:
39	39	(1) within one year after the date on which the person
40	40	takes office if elected to a full term; or
41	41	(2) at the earliest available date if appointed by the
42	42	commissioners court or elected to an unexpired term of county
43	43	treasurer.
44	44	SECTION 4. Chapter 83, Local Government Code, is amended by
45	45	adding Sections 83.008 and 83.009 to read as follows:
46	46	Sec. 83.008. SURETY BOND ON ASSISTANT TREASURERS, DEPUTIES,
47	47	AND EMPLOYEES; SELF-INSURANCE. (a) If a county treasurer employs
48	48	only one assistant or deputy, the county treasurer shall execute a
49	49	surety bond to cover the assistant or deputy and shall execute a
50	50	schedule surety bond or a blanket surety bond to cover all other
51	51	employees of the office. If a county treasurer employs more than
52	52	one assistant or deputy, the county treasurer shall execute a
53	53	blanket surety bond to cover the assistants or deputies and all
54	54	other employees of the office.
55	55	(b) Instead of a county treasurer obtaining a bond as
56	56	required by Subsection (a), the county may self-insure against
57	57	losses that would have been covered by the bond.
58	58	(c) The bond under this section must be conditioned in the
59	59	same manner and must be for the same amount as the bond for the
60	60	county treasurer under Section 83.002. The bond must be made
61	61	payable to the county judge for the use and benefit of the county
62	62	treasurer.
63	63	Sec. 83.009. ASSISTANT TREASURER OR TREASURY DEPUTY.
64	64	(a) The appointment of an assistant treasurer or treasury deputy
65	65	must be in writing, be signed by the county treasurer, and bear the
66	66	seal of the county court.
67	67	(b) A person appointed as an assistant treasurer or treasury
68	68	deputy, before beginning to perform the duties of office, must take
69	69	and subscribe the official oath, which, together with the
70	70	certificate of the officer administering the oath, must be endorsed
71	71	on the appointment. The appointment and oath shall be deposited and
72	72	recorded in the county clerk's office.
73	73	(c) An assistant treasurer or treasury deputy acts in the
74	74	name of the county treasurer as directed by the county treasurer and
75	75	may perform all official acts that the county treasurer may perform
76	76	at the discretion of the county treasurer.
77	77	SECTION 5. Sections 111.0707 and 111.07075, Local
78	78	Government Code, are amended to read as follows:
79	79	Sec. 111.0707. SPECIAL BUDGET FOR REVENUE FROM
80	80	INTERGOVERNMENTAL CONTRACTS. (a) The county auditor shall
81	81	certify to the commissioners court the receipt of all revenue from
82	82	intergovernmental contracts that is available for disbursement in a
83	83	fiscal year but not included in the budget for that fiscal year. On
84	84	certification, the court shall adopt a special budget for the
85	85	limited purpose of spending the revenue from intergovernmental
86	86	contracts for its intended purpose.
87	87	(b) The county treasurer shall notify the county auditor of
88	88	the receipt of all revenue from intergovernmental contracts not
89	89	previously included in a special budget or the annual budget for
90	90	that fiscal year.
91	91	Sec. 111.07075. SPECIAL BUDGET FOR REVENUE RECEIVED AFTER
92	92	START OF FISCAL YEAR. (a) The county auditor shall certify to the
93	93	commissioners court the receipt of revenue from a new source not
94	94	anticipated before the adoption of the budget and not included in
95	95	the budget for that fiscal year. On certification, the court may
96	96	adopt a special budget for the limited purpose of spending the
97	97	revenue for general purposes or for any of its intended purposes.
98	98	(b) The county treasurer shall notify the county auditor of
99	99	the receipt of all revenue from a new source not anticipated before
100	100	the adoption of the budget and not previously included in a special
101	101	budget or the annual budget for that fiscal year.
102	102	SECTION 6. Subchapter A, Chapter 113, Local Government
103	103	Code, is amended by adding Section 113.0001 to read as follows:
104	104	Sec. 113.0001. DEFINITIONS. In this chapter:
105	105	(1) "Depository" means the financial institution
106	106	selected under Section 116.021 for safekeeping of the county
107	107	treasury.
108	108	(2) "Depository account" means an account covered by
109	109	the depository agreement, including required collateral.
110	110	(3) "Money" means an item or medium of exchange such as
111	111	coins, currency, checks, or other means of payment, including
112	112	electronic payment.
113	113	(4) "Treasury" means the money belonging to the county
114	114	held by the county treasurer.
115	115	SECTION 7. Section 113.008, Local Government Code, is
116	116	amended to read as follows:
117	117	Sec. 113.008. RECONCILIATION OF DEPOSITORY ACCOUNTS
118	118	[COUNTY CHECKS AND WARRANTS]. (a) The county depository shall
119	119	provide statements of all bank activity and documentation
120	120	supporting a statement's transactions not less than once a month
121	121	[all canceled checks and warrants and supporting statements] to the
122	122	county treasurer.
123	123	(b) The county depository shall provide the information
124	124	required by Subsection (a) to the official responsible for the
125	125	account [Subsection (a) does not apply] if:
126	126	(1) the checks and orders for payment [warrants] are
127	127	payable from funds under the direct authority of an official other
128	128	than the county treasurer as provided by statute; and
129	129	(2) the official has not delegated the responsibility
130	130	for reconciliation under Subsection (b-1).
131	131	(b-1) The [exemption provided by this subsection does not
132	132	apply if the] official may request [requests] the county treasurer
133	133	to be responsible for the reconciliation of the checks and orders
134	134	for payment [warrants] payable from the funds that are under the
135	135	direct authority of the official. Except as provided by Subsection
136	136	(g), an official who fails to reconcile the official's special
137	137	accounts monthly shall transfer responsibility for account
138	138	reconciliation to the county treasurer. Unless the official and
139	139	county treasurer set another period in writing for the duration of a
140	140	transfer under this section, the transfer is effective for the
141	141	duration of the term of office for the designating officer.
142	142	(c) In fulfilling the requirements of Subsections
143	143	[Subsection] (a) and (b), the county depository shall provide, at
144	144	the direction of the county treasurer and in accordance with the
145	145	rules adopted by the Texas State Library and Archives Commission,
146	146	originals, optical images, or electronic images of:
147	147	(1) [original] canceled checks and orders for payment
148	148	[warrants]; [or]
149	149	(2) deposit detail;
150	150	(3) debit and credit memoranda; or
151	151	(4) electronic transmission detail [optical images of
152	152	the front and back of canceled checks and warrants if the optical
153	153	images are retained in accordance with the rules adopted by the
154	154	Texas State Library and Archives Commission].
155	155	(d) The county treasurer shall:
156	156	(1) reconcile all balances and transactions for each
157	157	treasury account in the county depository's statement of activity
158	158	to the transactions and balances shown on the treasurer's records
159	159	[the canceled checks and warrants with the account records of the
160	160	depository]; and
161	161	(2) ensure all financial adjustments are made
162	162	regarding the depository account as required.
163	163	(e) In this section, a reference to the county treasurer
164	164	includes a person performing the duties of the county treasurer.
165	165	(f) Except as provided by Subsection (g), an official with
166	166	special funds in the depository bank shall:
167	167	(1) reconcile all balances and transactions in the
168	168	statement of activity to the transactions and balances shown on the
169	169	official's records; and
170	170	(2) each month, ensure all financial adjustments
171	171	resulting from the reconciliation are reported to the county
172	172	auditor for entry in the general set of records and reflected in the
173	173	cash receipts and disbursement registers of the county treasurer.
174	174	(g) Subsections (b-1) and (f)(2) do not apply to a special
175	175	fund administered by an attorney representing the state under
176	176	Chapter 18, 47, or 59, Code of Criminal Procedure.
177	177	SECTION 8. Sections 113.021 and 113.022, Local Government
178	178	Code, are amended to read as follows:
179	179	Sec. 113.021. REQUIREMENT THAT MONEY BE DEPOSITED WITH
180	180	COUNTY TREASURER [AND PUT INTO SPECIAL FUND]; INTEREST. (a) The
181	181	fees, commissions, funds, and other money belonging to a county
182	182	shall be deposited with the county treasurer by the person
183	183	[officer] who collects the money. The person [officer] must
184	184	deposit the money in accordance with any applicable procedures
185	185	prescribed by or under Section 112.001 or 112.002. However, the
186	186	county tax assessor-collector must deposit the money in accordance
187	187	with the procedures prescribed by or under the Tax Code and other
188	188	laws.
189	189	(b) The county treasurer shall deposit the money in the
190	190	county depository in the proper [a special] fund to the credit of
191	191	the person or department collecting [officer who collected] the
192	192	money. [If the money is fees, commissions, or other compensation
193	193	collected by an officer who is paid on a salary basis, the
194	194	appropriate special fund is the applicable salary fund created
195	195	under Chapter 154.]
196	196	(c) The interest accruing on the money in the [special] fund
197	197	is for the benefit of the county in accordance with other law.
198	198	Sec. 113.022. TIME FOR MAKING DEPOSITS. (a) A county
199	199	officer or other person who receives money [funds] shall deposit
200	200	the money [funds] with the county treasurer on or before the next
201	201	regular business day after the date on which the money is [funds
202	202	are] received. If this deadline cannot be [is not] met, the officer
203	203	or person must deposit the money [funds], without exception, on or
204	204	before the fifth [seventh] business day after the day on which the
205	205	money is [funds are] received. However, in a county with fewer than
206	206	50,000 inhabitants, the commissioners court may extend the period
207	207	during which funds must be deposited with the county treasurer, but
208	208	the period may not exceed 15 [30] days after the date the funds are
209	209	received.
210	210	(b) A county treasurer shall deposit the money [funds]
211	211	received under Subsection (a) in the county depository in
212	212	accordance with Section 116.113(a). In all cases, the treasurer
213	213	shall deposit the money [funds] on or before the seventh business
214	214	day after the date the treasurer receives the money [funds].
215	215	SECTION 9. The heading to Section 113.041, Local Government
216	216	Code, is amended to read as follows:
217	217	Sec. 113.041. DISBURSEMENT OF MONEY BY COUNTY TREASURER;
218	218	PAYMENT BY CHECK OR ELECTRONIC TRANSMISSION [OR WARRANT]; LOST OR
219	219	DESTROYED INSTRUMENT.
220	220	SECTION 10. Section 113.041, Local Government Code, is
221	221	amended by amending Subsections (b) through (e), (g), and (h) and
222	222	adding Subsection (d-1) to read as follows:
223	223	(b) Except as provided by Chapter 156, a person may not
224	224	spend or withdraw money from the county treasury except by a check
225	225	or order for payment [warrant] drawn on the county treasury,
226	226	whether or not the money is in a county depository as required by
227	227	law.
228	228	(c) The county treasurer may not disburse [pay] money out of
229	229	the county treasury without an order for payment [a certificate or
230	230	warrant] from an officer who is authorized by law to issue the order
231	231	[certificate or warrant].
232	232	(d) If the county treasurer doubts the legality or propriety
233	233	of an order[, decree, certificate, or warrant] presented to the
234	234	treasurer for payment, the treasurer may not make the payment. The
235	235	treasurer shall report the matter to the commissioners court for
236	236	the court's consideration and direction. The treasurer may require
237	237	that the claim supporting the order be made available and verified
238	238	by an affidavit after the claim is approved for payment by the
239	239	commissioners court.
240	240	(d-1) In a county without a county auditor, the county
241	241	treasurer may not make a payment if the treasurer has reason to
242	242	believe that the check or order for payment is not valid as a proper
243	243	and budgeted item of expenditure. The treasurer shall report the
244	244	matter to the commissioners court for consideration and direction.
245	245	(e) If the county treasurer is satisfied that an original
246	246	check or other order drawn on the county treasury by a proper
247	247	authority is lost or destroyed, the treasurer may issue a duplicate
248	248	instrument in place of the original. The treasurer may not issue a
249	249	duplicate until an applicant has filed an affidavit with the
250	250	treasurer that states that the applicant is the true owner of the
251	251	original instrument and that, to the best knowledge and belief of
252	252	the applicant, the original is lost or destroyed.
253	253	(g) If, after issuance of the duplicate instrument, the
254	254	county treasurer determines that the duplicate was issued
255	255	improperly or that the applicant or person to whom the duplicate was
256	256	issued is not the owner of the original instrument, the treasurer
257	257	shall immediately stop payment or demand [the return of the
258	258	duplicate, if it is unpaid, or] the return of the amount paid by the
259	259	county, if the duplicate is paid. If the person fails to return the
260	260	[duplicate instrument or the] amount of the instrument, the
261	261	treasurer shall institute a suit for recovery [on the bond] through
262	262	the office of the county or district attorney. Venue for the suit
263	263	lies in the county in which the treasurer serves.
264	264	(h) A county treasurer may not honor a check or order for
265	265	payment [warrant] on the interest and sinking fund provided for a
266	266	bond of the county or pay out or divert money in that fund except to
267	267	pay the principal of or interest on the bond or invest money in
268	268	securities as provided by law.
269	269	SECTION 11. The heading to Section 113.042, Local
270	270	Government Code, is amended to read as follows:
271	271	Sec. 113.042. ENDORSEMENT BY COUNTY TREASURER; OTHER
272	272	[WARRANT] REQUIREMENTS FOR ORDER FOR PAYMENT.
273	273	SECTION 12. Subsections (a), (b), (e), (f), and (g),
274	274	Section 113.042, Local Government Code, are amended to read as
275	275	follows:
276	276	(a) On the presentation of an order for payment [a warrant],
277	277	check, or voucher[, or order] drawn by a proper authority, and if
278	278	there are sufficient funds for payment on deposit in the account
279	279	against which the instrument is drawn, the county treasurer shall
280	280	endorse on the face of the instrument the order to pay the named
281	281	payee and shall charge the amount in the treasurer's records to the
282	282	fund on which it is drawn.
283	283	(b) The county treasurer may not issue and the county
284	284	depository may not pay a check drawn on the county depository to
285	285	take up an order for payment [a warrant] drawn by a proper
286	286	authority, but the county treasurer shall, on the presentation of
287	287	the order [warrant], endorse the order [warrant] and deliver it to
288	288	the payee, who may present it to the county depository for payment.
289	289	(e) Each check or order for payment [warrant] issued or
290	290	drawn by an officer under the provisions of this section is subject
291	291	to all laws and rules relating to auditing and countersigning.
292	292	(f) Each order for payment [warrant] or scrip issued against
293	293	the county treasurer by a judge or court must be signed and attested
294	294	by the clerk or judge of the court under that officer's official
295	295	seal.
296	296	(g) A justice of the peace may not issue an order for payment
297	297	[warrants] against the county treasury for any purpose except as
298	298	may be provided by the Code of Criminal Procedure.
299	299	SECTION 13. Section 113.043, Local Government Code, is
300	300	amended to read as follows:
301	301	Sec. 113.043. COUNTERSIGNATURE BY COUNTY AUDITOR. In a
302	302	county with a county auditor, the county treasurer and the county
303	303	depository may not pay a check or order for payment [warrant] unless
304	304	it is countersigned by the county auditor to validate it as a proper
305	305	and budgeted item of expenditure. This section does not apply to a
306	306	check or order [warrant] for jury service or for restitution
307	307	collected on behalf of an individual as authorized by law.
308	308	SECTION 14. Section 113.046, Local Government Code, is
309	309	amended to read as follows:
310	310	Sec. 113.046. REGISTER OF ORDERS FOR PAYMENT [WARRANTS]
311	311	ISSUED BY JUDGE OR CLERK. (a) The county auditor shall maintain a
312	312	register of the orders for payment [warrants] issued on the county
313	313	treasurer by a judge or by the district or county clerk. A register
314	314	entry for an order [a warrant] must indicate the date of payment by
315	315	the treasurer.
316	316	(b) On a form prepared by the auditor, the clerk or judge
317	317	shall furnish the auditor with a daily itemized report that
318	318	specifies the orders for payment [warrants] issued, the number of
319	319	orders [warrants], the amounts of the orders [warrants], the names
320	320	of the persons to whom the orders [warrants] are payable, and the
321	321	purposes of the orders [warrants].
322	322	SECTION 15. Subsection (c), Section 113.048, Local
323	323	Government Code, is amended to read as follows:
324	324	(c) A system or method of payment authorized by this section
325	325	may be used in lieu of or in addition to the issuance of [warrants
326	326	or] checks or orders for payment authorized under this subchapter.
327	327	SECTION 16. The heading to Section 113.061, Local
328	328	Government Code, is amended to read as follows:
329	329	Sec. 113.061. CLAIMS REGISTER[; CLASSES OF CLAIMS].
330	330	SECTION 17. Section 113.063, Local Government Code, is
331	331	amended to read as follows:
332	332	Sec. 113.063. CLAIMS INFORMATION LIST; INDEBTEDNESS TO THE
333	333	COUNTY. (a) Each officer who collects a fine, penalty,
334	334	forfeiture, judgment, tax, [or] other indebtedness, or payment
335	335	obligation owed to the county [in a claim against the county] shall
336	336	keep a descriptive list of those claims. When the officer reports
337	337	the collection, the officer shall file with the report a list that
338	338	states:
339	339	(1) the party in whose favor the claim was issued;
340	340	(2) the receipt number issued in documentation of
341	341	payment [class and register number of the claim];
342	342	(3) the name of the party paying in the claim;
343	343	(4) the amount received; and
344	344	(5) the purpose for which the amount was received.
345	345	(b) The officer shall give the claims and the report to the
346	346	county treasurer, who shall give the officer a receipt. The
347	347	treasurer shall determine the time and manner of making [file the
348	348	list with] the [treasurer's] report [in the office of the county
349	349	clerk].
350	350	SECTION 18. Section 114.022, Local Government Code, is
351	351	amended by adding Subsection (c) to read as follows:
352	352	(c) A county publishing monthly financial reports under
353	353	Section 114.023 that publishes its comprehensive annual financial
354	354	report on its Internet website is not required to publish an exhibit
355	355	under this section.
356	356	SECTION 19. Subsection (b), Section 114.023, Local
357	357	Government Code, is amended to read as follows:
358	358	(b) In addition to information considered necessary by the
359	359	auditor or required by the commissioners court, the report must
360	360	contain:
361	361	(1) all of the facts of interest related to the
362	362	financial condition of the county;
363	363	(2) a consolidated balance sheet;
364	364	(3) a complete statement of the balances on hand at the
365	365	beginning and end of the month;
366	366	(4) a statement of the aggregate receipts and
367	367	disbursements of each fund;
368	368	(5) a statement of transfers to and from each fund;
369	369	(6) a statement of the bond and order for payment
370	370	[warrant] indebtedness with corresponding rates of interest; and
371	371	(7) a summarized budget statement that shows:
372	372	(A) the expenses paid from the budget for each
373	373	budgeted officer, department, or institution during that month and
374	374	for the period of the fiscal year inclusive of the month for which
375	375	the report is made;
376	376	(B) the encumbrances against the budgets; and
377	377	(C) the amounts available for further
378	378	expenditures.
379	379	SECTION 20. Subsection (c), Section 115.002, Local
380	380	Government Code, is amended to read as follows:
381	381	(c) The auditor shall carefully examine the report made
382	382	under Section 114.026 by the county treasurer, together with the
383	383	canceled orders for payment [warrants] that have been paid. The
384	384	auditor shall verify those orders [warrants] with the register of
385	385	orders [warrants] issued as shown on the auditor's books.
386	386	SECTION 21. Subsection (b), Section 116.002, Local
387	387	Government Code, is amended to read as follows:
388	388	(b) Orders for payment [Warrants], checks, and vouchers
389	389	evidencing the money deposited in the county depository under
390	390	Subsection (a) are subject to audit and countersignature as
391	391	provided by law.
392	392	SECTION 22. Section 116.115, Local Government Code, is
393	393	amended to read as follows:
394	394	Sec. 116.115. CLEARINGHOUSE FOR MULTIPLE DEPOSITORIES. If
395	395	the funds of a county are deposited with more than one depository,
396	396	the commissioners court shall by order name one of the depositories
397	397	to act as a clearinghouse for the others. All county orders for
398	398	payment [warrants] are finally payable at the depository named as
399	399	the clearinghouse.
400	400	SECTION 23. Subsections (a) and (c), Section 116.116, Local
401	401	Government Code, are amended to read as follows:
402	402	(a) A county depository shall pay a check or order for
403	403	payment [warrant] drawn by the county treasurer against funds
404	404	deposited with the depository on presentation of the check or order
405	405	[warrant] if the funds subject to the check or order [warrant] are
406	406	in the possession of the depository, and, in the case of a time
407	407	deposit, if the agreed period of notice has expired.
408	408	(c) An order for payment [A warrant] or check, including an
409	409	order [a warrant] or check issued prior to September 1, 1993, issued
410	410	by the county treasurer in settlement of a claim against a county
411	411	that is not presented for payment before the 366th day following the
412	412	date of issuance is overdue and nonnegotiable. The sum of the
413	413	overdue order [warrant] or check shall be credited as revenue to the
414	414	county if delivery to the payees was attempted or occurred within a
415	415	reasonable time following the issuance of the order [warrant] or
416	416	check. No right to full settlement of a proper unpaid claim is
417	417	extinguished by this subsection.
418	418	SECTION 24. The heading to Section 116.120, Local
419	419	Government Code, is amended to read as follows:
420	420	Sec. 116.120. COLLECTION OF CERTAIN OVERDUE COUNTY ORDERS
421	421	FOR PAYMENT [WARRANTS] OR CHECKS.
422	422	SECTION 25. Subsections (a) and (b), Section 116.120, Local
423	423	Government Code, are amended to read as follows:
424	424	(a) This section applies only to an order for payment [a
425	425	warrant] or check issued by a county treasurer in settlement of a
426	426	claim against a county that has not been presented for payment.
427	427	(b) A person attempting to recover funds from the county for
428	428	a check or order for payment [warrant] issued by the county
429	429	treasurer may not charge the person to whom the check or order
430	430	[warrant] was issued and on whose behalf the attempted recovery is
431	431	made, or that person's successors or assigns, a fee in an amount
432	432	equal to more than 10 percent of the face value of the check or order
433	433	[warrant].
434	434	SECTION 26. Section 116.155, Local Government Code, is
435	435	amended to read as follows:
436	436	Sec. 116.155. FAILURE OF DEPOSITORY TO PAY CHECK OR ORDER
437	437	FOR PAYMENT [WARRANT]. A depository that does not pay a check or
438	438	order for payment [warrant] as required by Section 116.116(a) is
439	439	liable for and shall pay to the holder 10 percent of the amount of
440	440	the check or order for payment [warrant], and the commissioners
441	441	court shall revoke the order creating the depository.
442	442	SECTION 27. Subsection (c), Section 118.023, Local
443	443	Government Code, is amended to read as follows:
444	444	(c) In this section, "ex officio services" includes
445	445	services in relation to roads, bridges, and ferries; issuing and
446	446	taking receipts for jury scrip or county orders for payment
447	447	[warrants]; services in habeas corpus cases; making out bar
448	448	dockets; keeping records of trust funds; filing and docketing all
449	449	papers for the commissioners court; keeping road overseers' books
450	450	and lists of hands; recording all collection returns of delinquent
451	451	insolvents; recording county treasurer's reports; recording
452	452	reports of justices of the peace; recording reports of animals
453	453	slaughtered; and services in connection with elections.
454	454	SECTION 28. Subsection (c), Section 130.902, Local
455	455	Government Code, is amended to read as follows:
456	456	(c) A change fund may not be used to make loans or advances
457	457	or to cash checks or orders for payment [warrants] of any kind.
458	458	SECTION 29. Subsection (b), Section 130.905, Local
459	459	Government Code, is amended to read as follows:
460	460	(b) In making payments to support the paupers that the
461	461	county is required to support, the commissioners court, with the
462	462	concurrence of the county auditor, may make one payment to the head
463	463	of the county welfare department. The head of the county welfare
464	464	department may disburse the money to the paupers on orders for
465	465	payment [warrants] designed by the county auditor. The orders
466	466	[warrants] are subject to audit by the county auditor at any time.
467	467	The disbursements must be reported on forms and at times prescribed
468	468	by the auditor.
469	469	SECTION 30. Subsection (c), Section 130.909, Local
470	470	Government Code, is amended to read as follows:
471	471	(c) The petty cash fund may not be used to make loans or
472	472	advances or to cash checks or orders for payment [warrants] of any
473	473	kind.
474	474	SECTION 31. (a) Subsection (b), Article 103.004, Code of
475	475	Criminal Procedure, is repealed.
476	476	(b) The following sections of the Local Government Code are
477	477	repealed:
478	478	(1) Subsections (c), (d), (e), and (f), Section
479	479	113.061;
480	480	(2) Section 113.062; and
481	481	(3) Section 113.066.
482	482	SECTION 32. (a) A county treasurer required to execute a
483	483	surety bond under Section 83.008, Local Government Code, as added
484	484	by this Act, shall execute a surety bond not later than October 1,
485	485	2011.
486	486	(b) The change in law made by Section 83.009, Local
487	487	Government Code, as added by this Act, applies to an assistant
488	488	treasurer or treasury deputy appointed on or after the effective
489	489	date of this Act. An assistant treasurer or treasury deputy
490	490	appointed before the effective date of this Act is covered by the
491	491	law in effect when the assistant treasurer or treasury deputy was
492	492	appointed.
493	493	SECTION 33. This Act takes effect September 1, 2011.