2005 Texas Local Government Code CHAPTER 83. COUNTY TREASURER

LOCAL GOVERNMENT CODE

CHAPTER 83. COUNTY TREASURER


	§ 83.001. ELECTION.  The county treasurer is elected at 
each general election in which the office of governor is to be 
filled for a full term.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 83.002. BOND.  (a) The county treasurer, before 
beginning to perform the duties of office, must execute a bond with 
a surety company authorized to do business in this state as a 
surety.  The bond must be:
		(1)  approved by the commissioners court;                                     
		(2)  made payable to the county judge in an amount 
established by the commissioners court not to exceed one-half of 
one percent of the largest amount budgeted for general county 
maintenance and operations for any fiscal year of the county 
beginning during the term of office preceding the term for which the 
bond is to be given, except that the amount may not be less than 
$5,000 or more than $500,000;  and
		(3)  conditioned that the treasurer will faithfully 
execute the duties of office.
	(b)  The treasurer must take and subscribe the official oath, 
which must be endorsed on the bond.  The bond and the oath shall be 
recorded in the county clerk's office.  The commissioners court 
may, at any time, require the treasurer to obtain a new or 
additional bond if the court considers the existing bond 
insufficient or doubtful.  The bond may not exceed the maximum 
amount provided by Subsection (a).  The bond must be acquired within 
20 days after the date notice of the requirement has been given by 
the commissioners court.  The failure of a treasurer to obtain a 
bond required by this subsection subjects the treasurer to removal 
under Section 83.004.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 605, § 1, eff. Aug. 30, 1999;  Acts 
1999, 76th Leg., ch. 1097, § 2, eff. Aug. 30, 1999;  Acts 2005, 
79th Leg., ch. 335, § 1, eff. Sept. 1, 2005;  Acts 2005, 79th 
Leg., ch. 1094, § 14, eff. Sept. 1, 2005.


	§ 83.003. CONTINUING EDUCATION.  (a) Within one year 
after the date on which a person first takes office as county 
treasurer, the county treasurer must successfully complete an 
introductory course of instruction in the performance of the duties 
of county treasurer.
	(b)  After completion of the first year in office, a county 
treasurer must successfully complete in each 12-month period at 
least 20 hours of continuing education in the performance of the 
duties of county treasurer.
	(c)  The introductory course required by Subsection (a) and 
the continuing education required by Subsection (b) must be 
sponsored or cosponsored by an accredited public institution of 
higher education.
	(d)  To satisfy the requirement of Subsection (b), a county 
treasurer may carry forward from one 12-month period to the next not 
more than 10 continuing education hours that the county treasurer 
completes in excess of the required 20 hours.
	(e)  For purposes of removal under Subchapter B, Chapter 87, 
"incompetency" in the case of a county treasurer includes the 
failure to complete a course in accordance with this section.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 42, § 1, eff. Sept. 1, 1989;  Acts 
2001, 77th Leg., ch. 313, § 1, eff. Sept. 1, 2001;  Acts 2005, 
79th Leg., ch. 875, § 1, eff. June 17, 2005;  Acts 2005, 79th 
Leg., ch. 1094, § 15, eff. Sept. 1, 2005.


	§ 83.004. REMOVAL FROM OFFICE;  FILLING OF VACANCY.  (a) 
If a person elected to the office of county treasurer fails to 
provide an adequate bond as required by Section 83.002(a) and to 
take the official oath on or before assuming the office, the county 
judge may declare the office vacant.
	(b)  Repealed by Acts 2005, 79th Leg., ch. 876, § 2 and 
Acts 2005, 70th Leg., ch. 1094, § 49.
	(c)  A vacancy in the office of county treasurer shall be 
filled as provided by Section 87.041.  The person appointed to fill 
the vacancy shall, on or before entering upon the discharge of the 
duties of office, take the official oath and obtain the same surety 
bond as required by Section 83.002(a) for an elected county 
treasurer.
	(d)  A person vacating the office of county treasurer shall 
deliver to the successor to the office any money, securities, 
documents, books, and other property in the person's possession 
that belong to the county as well as any documents and books in the 
person's possession that are for the use of the county.  The person 
shall perform any other acts as the commissioners court may 
require.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 2005, 79th Leg., ch. 876, § 1, 2, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1094, § 16, 49, eff. Sept. 1, 2005.


	§ 83.005. APPOINTMENT OF PERSON TO ACT IN TREASURER'S 
PLACE .  (a) In a county in which the county treasurer does not have 
a deputy, the county treasurer may appoint a person, subject to the 
approval of the commissioners court, to act in the treasurer's 
place.  The appointed person may act in the treasurer's place only 
if the treasurer is absent, unavoidably detained, incapacitated, or 
unable to act.
	(b)  The treasurer shall provide the commissioners court 
with the details justifying an appointment under this section.  The 
commissioners court may require proof of any detail provided by the 
treasurer.
	(c)  The appointed person may act for the treasurer only 
after:              
		(1)  the commissioners court approves the appointment;                        
		(2)  the appointment is recorded in the minutes of the 
court;  and          
		(3)  the appointed person gives a surety bond in favor 
of the county and the county treasurer, as their interests may 
appear, in an amount determined by the commissioners court.
	(d)  If the treasurer appoints a person other than a 
regularly employed county employee, the appointed person may not 
receive any compensation from the county.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 103, § 1, eff. Sept. 1, 1997.


	§ 83.006. FUNDING OF TREASURER'S OFFICE.  The 
commissioners court may provide funds for adequate personnel and 
supplies that enable the county treasurer to perform the duties of 
office.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.