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 that 
must be approved by the commissioners court and made payable to the 
county judge in an amount established by the commissioners court.  
The bond must be conditioned that the treasurer will:
		(1)  faithfully execute the duties of office;                                 
		(2)  remit according to law all funds received as 
county treasurer;  and    
		(3)  render an account of all funds received to the 
commissioners court at each regular term of the court.
	(b)  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 must be 
acquired within 20 days after the date notice of the requirement has 
been given by the commissioners court.

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.


	§ 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 
at least 10 hours of the continuing education required by 
Subsection (b) must be taken at an accredited public institution of 
higher education.  The remaining required classroom hours, wherever 
taken, must be certified 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.


	§ 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 within 20 days after the 
date the certificate of election is received, the county judge 
shall declare the office vacant.
	(b)  A county treasurer may be removed from office, in the 
manner provided by law, for failing to obtain a new or additional 
surety bond when required to do so under Section 83.002(b).
	(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, before entering upon the discharge of the duties 
of office and within 20 days after the date notice of the 
appointment is received, 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.                    


	§ 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.