| 1 | 1 | | By: Coleman (Senate Sponsor - Hinojosa) H.B. No. 3798 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 8, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 16, 2013, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 4, Nays 0; May 16, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to expenditures made by emergency services districts. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 775.073, Health and Safety Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | Sec. 775.073. EXPENDITURES [METHOD OF PAYMENT]. (a) |
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| 15 | 15 | | Except as otherwise provided by this section, district [District] |
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| 16 | 16 | | funds may be disbursed only by check, draft, order, or other |
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| 17 | 17 | | instrument that: |
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| 18 | 18 | | (1) is signed by at least a majority of the board's |
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| 19 | 19 | | commissioners; or |
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| 20 | 20 | | (2) is signed by the treasurer and countersigned by |
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| 21 | 21 | | the president. [If the treasurer is absent or unavailable, the |
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| 22 | 22 | | assistant treasurer may sign for the treasurer. If the president is |
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| 23 | 23 | | absent or unavailable, the vice president may sign for the |
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| 24 | 24 | | president.] |
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| 25 | 25 | | (b) The board by resolution may allow a district employee |
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| 26 | 26 | | who has executed a bond in an amount equal to the amount required |
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| 27 | 27 | | for the district treasurer to sign an instrument to disburse |
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| 28 | 28 | | district funds. An expenditure of more than $2,000 may not be paid |
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| 29 | 29 | | [from tax money] unless [a sworn itemized account covering] the |
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| 30 | 30 | | expenditure is presented to the board and the board approves the |
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| 31 | 31 | | expenditure. |
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| 32 | 32 | | (c) The board may authorize the disbursement of district |
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| 33 | 33 | | funds transferred by federal reserve wire system. The board by |
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| 34 | 34 | | resolution may authorize wire transfers to accounts in the |
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| 35 | 35 | | district's name or accounts not in the district's name. |
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| 36 | 36 | | (d) Any property, including an interest in property, |
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| 37 | 37 | | purchased or leased using district funds, wholly or partly, must |
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| 38 | 38 | | remain the property of the district, regardless of whether the |
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| 39 | 39 | | property is used by a third party under a contract for services or |
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| 40 | 40 | | otherwise, until: |
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| 41 | 41 | | (1) the property is sold to a third party following the |
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| 42 | 42 | | procedures authorized under Section 263.003, 263.007, or 263.008, |
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| 43 | 43 | | Local Government Code; or |
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| 44 | 44 | | (2) the property is disposed of in accordance with |
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| 45 | 45 | | Subchapter J. |
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| 46 | 46 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 47 | 47 | | * * * * * |
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