~' ~ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
MADE BY: Pat Tinley OFFICE: County Judg % ~
MEETING DATE: November 27, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to set amount of Kerr County
Treasurer's official bond, effective January 1, 2007, in accordance with provisions of
83.002, Texas Local Government Code.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
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If~>~,~®U7lfCY~'~®RNl?Y REX EMERSON
COUNTY COURTHOUSE, SUITE BA-103 7OO MAIN STREET KERRVILLE, TEXAS 7802$
September 26, 2006
Pat Tinley
County Judge
RE: Parameters and Procedures for establishing Treasurers Bond
Dear Pat:
Please see attached local Government Code Section 83.002. This Section provides the
procedures and parameters for the Treasurer's bond.
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Rex Emerson
MAiN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 Fax (830 792-2228
Website: httpJJwww.co.kerr.tx.us/attorney
1
§ 82.006
Repealed
LOCAL GOVERNMENT CODE
§ 82.006. Repealed by Acts 1993, 73rd Leg., ch. 199,
§ 1, eff. May 19, 1993
CAAPTER83. COUNTY TREASURER
Section
83.001. Election.
83.002. Band.
83.003. Continuing Education.
83.004. Removal From Office; Filling of Vacancy.
83.005. Appointment of Person to Act in Treasurer's Place.
83.006. Funding of Treasurer's Office. ,
§ 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. 199, § 1, eff. Sept. 1, 1987.
§ 83.002. Bond
(a) The county treasurer, before beginning to per-
form 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;
t ee one-half of nne percent~o~' 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 $50Q,000; and
(3) conditioned that the treasurer will faithfully
execute the duties of office.
(b) The treasurer must take and subscribe the offi-
cial 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 too aln a new or a 1-
tion and if the court consi ers t e existing and
insufficient or ou tful. The bond may not exceed the
maximum amoun 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. Amend-
ed 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.
Sectlon 2 of Acts 1999, 76th Leg., ch. 605 provides:
"The change in law made by this Act applies only to a county
treasurer who takes office on or after the effective date of this Act. A
county treasurer who takes office before the effective date of this Act
is governed by the law in effect immediately before the effective date,
and that law is continued in effect for that purpose."
Section 2 of Acts 2005, 79th Leg., ch. 335 provides:
"The change in law made by this Act applies only m a county
treasurer whose term begins on or after the effective date of this
Act "
Section 53(1) of Acts 2005, 79th Leg., ch. 1094 provides:
"Sec. 53. The change in law made by this Act:
"(1) to Sections 83.002 and 83.004(a), Local Government Code,
applies only to a county treasurer whose term begins on or after the
effective date of this Act;"
§ 83.003. Continuing Education
(a) Within one year after the date on which a
person first takes office as county treasurer, the coun-
ty treasurer must successfully complete an introducto-
ry 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 edu-
cation in the performance of the duties of county
treasurer.
(c) The introductory course required by Subsection
(a) and the continuing education required by Subsec-
tion (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 continu-
ing education hours that the county treasurer com-
pletes 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. Amend-
ed 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., eh. 1094, § 15, eff. Sept. 1, 2005.
~ V.T.C.A., Local Government Code $ 87.011 et seq.
Section Z of the 1989 amendatory set provides:
"This Act takes effect September 1, 1989, and applies only to a
county treasurer who fast takes office on or after that date. A
county treasurer who is m office immediately preceding September 1,
1989, is governed by the ]aw as it emiated immediately preceding that
date, and the former law is continued in effect for that purpose."
~? 5 -o e ~a.,,.-r ~g:F.~l~es 124
leg X13' ~~~°: ~5,~~