CHAPTER 83. COUNTY TREASURER - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 83. COUNTY TREASURER

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 605, Sec. 1, eff. Aug. 30,

1999; Acts 1999, 76th Leg., ch. 1097, Sec. 2, eff. Aug. 30, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

335, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1094, Sec. 14, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 42, Sec. 1, eff. Sept. 1,

1989; Acts 2001, 77th Leg., ch. 313, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

875, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

1094, Sec. 15, eff. September 1, 2005.

Sec. 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, Sec. 2, eff.

September 1, 2005.

(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, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

876, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

876, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1094, Sec. 16, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1094, Sec. 49, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 103, Sec. 1, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 83.007. STATUTORY REFERENCE: FUNCTION OF TREASURER IN

COUNTY THAT HAS ABOLISHED OFFICE. In a county for which the

office of county treasurer has been abolished, a reference in

this code or other state statute to the county treasurer means

the person who performs the powers or duties of the county

treasurer in that county.

Added by Acts 2007, 80th Leg., R.S., Ch.

934, Sec. 1, eff. September 1, 2007.