CHAPTER 83. COUNTY TREASURER
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.