reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter D. Maintenance and Modification of Security › Section 116.085. Solvency of Personal Surety

Sec. 116.085.  SOLVENCY OF PERSONAL SURETY.  (a)  At least twice each year while a personal bond securing the county's deposits is in effect, the commissioners court shall investigate the solvency of each surety on the bond.  The commissioners court may require the surety to make an itemized and verified financial statement correctly showing the surety's financial position and, if the bond requires the surety to own real property, identifying each tract of real property owned by the surety and stating its value.
(b)  The commissioners court shall require a depository to provide a new bond meeting the requirements of this chapter if a financial statement provided under Subsection (a) indicates that:
(1)  a surety is insolvent;
(2)  a surety's net worth is less than the amount required by this chapter;
(3)  the assets listed on the statement are depreciated or their value is in any way impaired;  or
(4)  real property required by the bond has been disposed of or encumbered and the value of the surety's remaining unencumbered and nonexempt real property is inadequate to meet the requirements of this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter D. Maintenance and Modification of Security › Section 116.086. Solvency of Surety Company and Adequacy of Securities

Sec. 116.086.  SOLVENCY OF SURETY COMPANY AND ADEQUACY OF SECURITIES.  Whenever the commissioners court considers it necessary for the protection of the county, the commissioners court may investigate the solvency of a surety company that issues a bond on behalf of a depository of county funds or investigate the value of securities pledged by a depository to secure county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter D. Maintenance and Modification of Security › Section 116.087. Additional Bond

Sec. 116.087.  ADDITIONAL BOND.  (a)  If after a county establishes a depository the county or a subdivision of the county receives funds from the sale of bonds or otherwise, at the next meeting of the commissioners court, or as soon afterward as is practical, the commissioners court may make written demand on the depository to provide an additional bond in an amount equal to the amount of funds received.  If county funds derived from the sale of county securities during the term of a depository bond are deposited with the depository, the commissioners court shall require an additional bond in an amount equal to the additional county funds.  The depository shall continue the additional bond in effect as long as the additional funds remain in the depository.
(b)  The depository may cancel this extra or special bond and concurrently substitute a new bond for it as the additional funds are reduced.  However, the additional bond must always at least equal the amount of the additional funds.
(c)  If a depository does not provide an additional bond under Subsection (a) within 30 days after the date the commissioners court demands the additional bond, the commissioners court may withdraw the additional funds from the depository by the draft of the county treasurer and deposit them in a solvent national or state bank that has a combined capital stock and surplus greater than the amount of the additional funds.  The commissioners court may leave the additional funds on deposit with this alternative bank until the county depository files the required additional bond with the commissioners court, after which the commissioners court shall redeposit the balance of the additional funds with the county depository.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter D. Maintenance and Modification of Security › Section 116.088. Release of Surety Company

Sec. 116.088.  RELEASE OF SURETY COMPANY.  (a)  A surety company may be relieved of its obligations under a surety bond executed on behalf of a county depository after the 30th day after the date it gives written notice to the commissioners court requesting to be released.
(b)  A surety company is not relieved under Subsection (a) of liability for a loss sustained by the county before the expiration of the bond.
(c)  If a depository's surety company requests to be relieved from its obligations under Subsection (a), the depository shall provide further security acceptable to the commissioners court to secure county funds under this chapter.  The depository shall provide the further security before termination of the surety's obligations under the bond.  The new security shall be filed in the county clerk's office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter D. Maintenance and Modification of Security › Section 116.089. Surrender of Interest on Securities

Sec. 116.089.  SURRENDER OF INTEREST ON SECURITIES.  On the request of a county depository, the commissioners court shall surrender, when due, interest coupons or other evidence of interest on securities deposited by the depository with the commissioners court if the securities remaining pledged by a depository are adequate to meet the requirements of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.111. Character and Amount of Deposits

Sec. 116.111.  CHARACTER AND AMOUNT OF DEPOSITS.  The commissioners court may determine and designate the character and amount of county funds that will be demand deposits and that will be time deposits.  The commissioners court may contract with a depository for interest on time deposits at any legal rate under a federal law or under a rule adopted by the board of governors of the Federal Reserve System or by the board of directors of the Federal Deposit Insurance Corporation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.112. Investment of Funds

Sec. 116.112.  INVESTMENT OF FUNDS.  (a)  The commissioners court may direct the county treasurer to withdraw any county funds deposited in a county depository that are not immediately required to pay obligations of the county and invest those funds as provided by this section unless such an investment or withdrawal is prohibited by law or the withdrawal is contrary to the terms of the depository contract.
(b)  The funds may be invested in accordance with Subchapter A, Chapter 2256, Government Code.  In addition to the obligations, certificates, and agreements described by that Act, the funds may be invested in certificates of deposit issued by a state or federal savings and loan association domiciled in this state, the payment of which is insured in full by the Federal Savings and Loan Insurance Corporation or its successor.
(c)  If a county purchases a security repurchase agreement, the agreement must be purchased under a master contractual agreement that specifies the rights and obligations of both parties and that requires that securities involved in the transaction be held in a safekeeping account subject to the control and custody of the county.
(d)  Repealed by Acts 1989, 71st Leg., ch. 754, Sec. 2, eff. June 15, 1989.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 15(c), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 754, Sec. 1, 2, eff. June 15, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(11), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.113. Deposit of Funds

Sec. 116.113.  DEPOSIT OF FUNDS.  (a)  Immediately after the commissioners court designates a county depository, the county treasurer shall transfer to the depository all of the county's funds and the funds of any district or municipal subdivision of the county that does not select its own depository.  The treasurer shall also immediately deposit with the depository to the credit of the county, district, or municipality any money received after the depository is designated.
(b)  A county tax assessor-collector shall immediately deposit in the county depository taxes collected on behalf of the state, the county, or a district or municipal subdivision of the county.  The taxes remain on deposit pending the preparation and settlement of the assessor-collector's report on the tax collections.
(c)  If a commissioners court that controls school district funds elects to transfer the funds during a school year from a county depository to another bank, the school district may require the commissioners court to delay the transfer until the earlier of the end of the school district's current fiscal year or the next September 1.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.114. Collections by Depository

Sec. 116.114.  COLLECTIONS BY DEPOSITORY.  A county depository shall collect all checks, drafts, and demands for money deposited with it by the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.115. Clearinghouse for Multiple Depositories

Sec. 116.115.  CLEARINGHOUSE FOR MULTIPLE DEPOSITORIES.  If the funds of a county are deposited with more than one depository, the commissioners court shall by order name one of the depositories to act as a clearinghouse for the others.  All county orders for payment are finally payable at the depository named as the clearinghouse.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 22, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.116. Obligations Payable at County Depository

Sec. 116.116.  OBLIGATIONS PAYABLE AT COUNTY DEPOSITORY.  (a)  A county depository shall pay a check or order for payment drawn by the county treasurer against funds deposited with the depository on presentation of the check or order if the funds subject to the check or order are in the possession of the depository, and, in the case of a time deposit, if the agreed period of notice has expired.
(b)  If the commissioners court selects a depository in another county, the depository shall file a statement with the county treasurer designating the place in the county governed by the commissioners court where, and the person by whom, deposits by the treasurer may be received and checks will be paid, or the place in another county where deposits may be made and checks may be paid.  The statement must be filed within five days after the date notice is given to the depository of its selection.
(c)  An order for payment or check, including an order or check issued prior to September 1, 1993, issued by the county treasurer in settlement of a claim against a county that is not presented for payment before the 366th day following the date of issuance is overdue and nonnegotiable.  The sum of the overdue order or check shall be credited as revenue to the county if delivery to the payees was attempted or occurred within a reasonable time following the issuance of the order or check.  No right to full settlement of a proper unpaid claim is extinguished by this subsection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 326, Sec. 1, eff. June 5, 1991;  Acts 1993, 73rd Leg., ch. 931, Sec. 1, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 329, Sec. 1, eff. May 26, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 23, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1043 (S.B. 158), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.117. Statements of Account

Sec. 116.117.  STATEMENTS OF ACCOUNT.  A depository shall make a detailed monthly statement to the commissioners court at each regular term of the court.  The statement must show the daily balance credited to each of the funds on deposit.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.118. Debts Payable Other Than at County Treasury

Sec. 116.118.  DEBTS PAYABLE OTHER THAN AT COUNTY TREASURY.  The commissioners court may instruct the county treasurer to deposit money adequate to pay a bond, coupon, or other indebtedness of the county at a place other than at the county treasury if by its terms the indebtedness is payable on maturity at the other location and if the payment is otherwise made in the manner required by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.119. Requirements for Auditing and Countersigning Unaffected

Sec. 116.119.  REQUIREMENTS FOR AUDITING AND COUNTERSIGNING UNAFFECTED.  This chapter does not affect the application of a law or regulation providing for auditing and countersigning.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter E. Depository Accounts › Section 116.120. Collection of Certain Overdue County Orders for Payment or Checks

Sec. 116.120.  COLLECTION OF CERTAIN OVERDUE COUNTY ORDERS FOR PAYMENT OR CHECKS.  (a)  This section applies only to an order for payment or check issued by a county treasurer in settlement of a claim against a county that has not been presented for payment.
(b)  A person attempting to recover funds from the county for a check or order for payment issued by the county treasurer may not charge the person to whom the check or order was issued and on whose behalf the attempted recovery is made, or that person's successors or assigns, a fee in an amount equal to more than 10 percent of the face value of the check or order.
(c)  A county treasurer may collect a reasonable research fee to determine if a claim submitted under this section is valid.  The treasurer may include the costs of inquiries to depository banks, research of accounting records, and other similar actions in setting the fee.  A county treasurer may require the fee to be paid before a claim may be processed or researched under this section.
Added by Acts 1997, 75th Leg., ch. 142, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 24, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 25, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter F. Liabilities › Section 116.151. Liabilities of Sureties on Separate Bonds

Sec. 116.151.  LIABILITIES OF SURETIES ON SEPARATE BONDS.  If a county depository provides separate bonds to secure county funds, each surety under a bond is liable only for that part of a loss resulting from the failure of the depository that bears to the total loss the same ratio as the amount of the bond bears to the total amount of all bonds and securities held by the county for the protection of the funds covered by the bond.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter F. Liabilities › Section 116.152. Subrogation of Sureties

Sec. 116.152.  SUBROGATION OF SURETIES.  If a personal surety or a surety company pays for a loss to a county under a depository bond, the surety is subrogated to the rights of the county in an amount equal to the amount of the surety's payment.  However, the amount of the subrogation may not exceed the amount of the deposit secured by the surety at the time of the depository's default.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter F. Liabilities › Section 116.153. Pro Rata Recovery by State and County

Sec. 116.153.  PRO RATA RECOVERY BY STATE AND COUNTY.  If a county depository becomes insolvent and it becomes necessary to resort to the depository's bond or bonds to recover funds of the county and the state, the state and county are entitled to share pro rata in the recovery.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter F. Liabilities › Section 116.154. Liability of Depository Pending Collection of Deposits

Sec. 116.154.  LIABILITY OF DEPOSITORY PENDING COLLECTION OF DEPOSITS.  A county depository that uses due diligence to collect a check, draft, or demand for money deposited by the county with the depository is not liable for the collection until the proceeds have been received by the depository.  The depository shall charge the county and the county shall pay a collection expense that the depository may not pay or absorb because of a federal law or a regulation adopted by the board of governors of the Federal Reserve System or by the board of directors of the Federal Deposit Insurance Corporation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 116 - Depositories for County Public Funds › Subchapter F. Liabilities › Section 116.155. Failure of Depository to Pay Check or Order for Payment

Sec. 116.155.  FAILURE OF DEPOSITORY TO PAY CHECK OR ORDER FOR PAYMENT.  A depository that does not pay a check or order for payment as required by Section 116.116(a) is liable for and shall pay to the holder 10 percent of the amount of the check or order for payment, and the commissioners court shall revoke the order creating the depository.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 26, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter A. General Provisions › Section 117.001. Definitions

Sec. 117.001.  DEFINITIONS.  In this chapter:
(1)  "Bank" means a banking corporation or association, an individual banker, or a state or federal savings and loan association or savings bank.
(2)  "Clerk" means a county clerk, a district clerk, or a county and district clerk.
(3)  "Registry funds" means funds tendered to the clerk for deposit into the registry of the court.
(4)  "Separate account" means funds transferred from a special account into a separate interest-bearing account.
(5)  "Special account" means an account in a depository in which registry funds are placed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 552, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 505, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter A. General Provisions › Section 117.002. Transfer of Unclaimed Funds to Comptroller

Sec. 117.002.  TRANSFER OF UNCLAIMED FUNDS TO COMPTROLLER.  Any funds deposited under this chapter, except cash bail bonds, that are presumed abandoned under Chapter 72, 73, or 75, Property Code, shall be reported and delivered by the county or district clerk to the comptroller without further action by any court.  The dormancy period for funds deposited under this chapter begins on the later of:
(1)  the date of entry of final judgment or order of dismissal in the action in which the funds were deposited;
(2)  the 18th birthday of the minor for whom the funds were deposited;  or
(3)  a reasonable date established by rule by the comptroller to promote the public interest in disposing of unclaimed funds.
Added by Acts 1991, 72nd Leg., ch. 153, Sec. 26, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 329, Sec. 2, eff. May 26, 1997;  Acts 1997, 75th Leg., ch. 505, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1037, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 13.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter A. General Provisions › Section 117.003. Compliance With Federal Tax Law for Funds Held Under This Chapter

Sec. 117.003.  COMPLIANCE WITH FEDERAL TAX LAW FOR FUNDS HELD UNDER THIS CHAPTER.  (a)  If any funds deposited under this chapter are placed into an interest-bearing account, any person with a taxable interest in funds deposited to such account must submit appropriate tax forms and provide correct information to the district or county clerk so that the interest earned on such funds can be timely and appropriately reported to the Internal Revenue Service.  The information and forms provided to the district or county clerk under this section are not subject to public disclosure except to the extent necessary to effectuate compliance with federal tax law requirements.
(b)  The district or county clerk is authorized to pay any or all of the interest earned on funds deposited under this chapter, without court order, to the Internal Revenue Service to satisfy tax withholding requirements.
Added by Acts 1997, 75th Leg., ch. 505, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter B. Establishment of Depository › Section 117.022. Notice

Sec. 117.022.  NOTICE.  A county shall advertise or give notice that the county will accept applications to be the depository for registry funds held by the county clerk and the district clerk in the same manner as notice is required under Section 116.022.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 505, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter B. Establishment of Depository › Section 117.023. Selection of Depository

Sec. 117.023.  SELECTION OF DEPOSITORY.  (a)  At the meeting at which banks are to be selected to serve as the depository for registry funds held by the county clerk and the district clerk, the commissioners court shall enter the applications in the minutes of the court and select a depository.
(b)  After a depository is selected, the commissioners court shall return the certified checks of the applicants that were not selected.  The commissioners court shall return the check of the selected applicant only after the applicant files a bond that is approved by the commissioners court.
(c)  The conflict of interests provisions of Section 131.903 apply to the selection of the depository.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 268, Sec. 30, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 505, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 899 (H.B. 2641), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter B. Establishment of Depository › Section 117.024. Qualification as Depository

Sec. 117.024.  QUALIFICATION AS DEPOSITORY.  Within 30 days after the date a bank is selected as a depository under this subchapter, the bank must qualify to serve as the depository in the same manner as is required for the qualification of county depositories under Chapter 116.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter B. Establishment of Depository › Section 117.025. Designation of Depository

Sec. 117.025.  DESIGNATION OF DEPOSITORY.  (a)  After a bank selected to be a depository under this subchapter qualifies under Section 117.024 and is selected by the commissioners court, the commissioners court shall by an order entered in its minutes designate the bank or banks as the depository for the registry funds.
(b)  A designation under Subsection (a) is effective until the designation and qualification of a successor depository or until April 15 following the expiration of the contract, whichever is earlier.  If the term of a depository ends before the designation and qualification of a successor, the depository shall pay to the clerk in whose name the account is carried all registry funds due or on deposit.
(c)  A designated depository shall provide security for the funds deposited into the registry fund accounts in the same manner as Subchapter C, Chapter 116.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 899 (H.B. 2641), Sec. 7, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter B. Establishment of Depository › Section 117.026. Advertisement for and Selection of Depository Outside the County

Sec. 117.026.  ADVERTISEMENT FOR AND SELECTION OF DEPOSITORY OUTSIDE THE COUNTY.  (a)  Subject to Sections 116.026 and 116.028, the commissioners court may select a federally insured bank or banks located outside the county to serve as the depository under this subchapter if:
(1)  for any reason no bank located in the county applies to be designated as the depository;
(2)  an application is not made for the entire amount of the registry funds;
(3)  the commissioners court rejects all the applications submitted;
(4)  a depository selected by the commissioners court fails to qualify;
(5)  a depository becomes insolvent; or
(6)  a new depository is selected because of the failure of the regular depository to execute a new bond under Section 117.057.
(b)  Before selecting a depository under Subsection (a), the commissioners court shall advertise for applications from banks located in this state by publishing a notice of the selection once a week for two consecutive weeks in a newspaper of general circulation published in the county.  If such a newspaper is not published in the county, the commissioners court shall post the notice at the courthouse for two weeks.  The commissioners court may also publish the notice in any newspaper outside the county for the same length of time.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1043 (S.B. 158), Sec. 4, eff. June 18, 2023.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter B. Establishment of Depository › Section 117.027. Failure to Select Depository

Sec. 117.027.  FAILURE TO SELECT DEPOSITORY.  If the commissioners court has not selected a depository under this subchapter, a clerk holding money, an evidence of debt, an instrument of writing, or any other article deposited into the registry of the court pending the result of a legal proceeding shall seal the article in a secure package and deposit the package in an iron safe or a bank vault.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 9, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter B. Establishment of Depository › Section 117.028. Application of County Depository Law

Sec. 117.028.  APPLICATION OF COUNTY DEPOSITORY LAW.  Except as otherwise expressly stated, the provisions of Chapter 116 relating to county depositories also apply to a depository selected under this chapter.
Added by Acts 1997, 75th Leg., ch. 505, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.052. Deposits of Registry Funds by County and District Clerks

Sec. 117.052.  DEPOSITS OF REGISTRY FUNDS BY COUNTY AND DISTRICT CLERKS.  (a)  If a depository has been selected under Subchapter B, a county clerk or a district clerk who is to have for more than three days legal custody of money deposited in the registry of the court pending the result of a legal proceeding shall deposit the money in the depository.
(b)  The funds deposited shall be carried at the depository selected under this chapter as a special account in the name of the clerk making the deposit.
(c)  A clerk is responsible for funds deposited into the registry fund from the following sources:
(1)  funds of minors or incapacitated persons;
(2)  funds tendered in an interpleader action;
(3)  funds paid in satisfaction of a judgment;
(4)  child support funds held for more than three days;
(5)  cash bonds;
(6)  cash bail bonds;
(7)  funds in an eminent domain proceeding;  and
(8)  any other funds tendered to the clerk for deposit into the registry of the court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 11, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 292, Sec. 1, eff. May 23, 2001.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.0521. Custodianship

Sec. 117.0521.  CUSTODIANSHIP.  A clerk shall act only in a custodial capacity in relation to a registry fund, a special account, or a separate account.  A clerk is not a trustee for the beneficial owner and does not assume the duties, obligations, or liabilities of a trustee for a beneficial owner.
Added by Acts 1997, 75th Leg., ch. 505, Sec. 12, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.053. Withdrawal of Funds

Sec. 117.053.  WITHDRAWAL OF FUNDS.  (a)  If a commissioners court selects a new depository under Subchapter B, when the depository qualifies, the county clerk and the district clerk shall transfer the funds in a special account from the old depository to the new depository, and the clerks may draw checks on the accounts for this purpose.
(b)  Except as provided by Subsection (a), a clerk may not draw a check on special account funds held by a depository except to pay a person entitled to the funds.  The payment must be made under an order of the court of proper jurisdiction in which the funds were deposited except that an appeal bond shall be paid without a written order of the court on receipt of mandate or dismissal and funds deposited under Chapter 1355, Estates Code, may be paid without a written order of the court.  The clerk shall place on the check the style and number of the proceeding in which the money was deposited with the clerk.
(c)  The clerk shall transfer any registry funds into a separate account when directed to by a written order of a court of proper jurisdiction or when the clerk is required to under Chapter 1355, Estates Code.  The clerk shall transfer the funds into a separate account in:
(1)  interest-bearing deposits in a financial institution doing business in this state that is insured by the Federal Deposit Insurance Corporation;
(2)  United States treasury bills;
(3)  an eligible interlocal investment pool that meets the requirements of Sections 2256.016, 2256.017, and 2256.019, Government Code; or
(4)  a no-load money market mutual fund, if the fund:
(A)  is regulated by the Securities and Exchange Commission;
(B)  has a dollar weighted average stated maturity of 90 days or fewer; and
(C)  includes in its investment objectives the maintenance of a stable net asset value of $1 for each share.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.050, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.054. County Expenses Paid From Interest

Sec. 117.054.  COUNTY EXPENSES PAID FROM INTEREST.  (a)  If a special or separate account earns interest, the clerk, at the time of withdrawal, shall pay in a manner directed by a court with proper jurisdiction the original amount deposited into the registry of the court and any interest credited to the account in the manner calculated in Subsection (b).
(b)  The interest earned on a special account or a separate account shall be paid in the following amounts:
(1)  10 percent of the interest shall be paid to the general fund of the county to compensate the county for the accounting and administrative expenses of maintaining the account;  and
(2)  90 percent of the interest shall be credited to the special or separate account.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 505, Sec. 14, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.055. County Expenses Paid From Fees

Sec. 117.055.  COUNTY EXPENSES PAID FROM FEES.  (a)  Except as provided by Subsection (a-1), to compensate the county for the accounting and administrative expenses incurred in handling the registry funds that have not earned interest, including funds in a special or separate account, the clerk shall, at the time of withdrawal, deduct from the amount of the withdrawal a fee in an amount equal to five percent of the withdrawal but that may not exceed $50.  Withdrawal of funds generated from a case arising under the Family Code is exempt from the fee deduction provided by this section.
(a-1)  A clerk may not deduct a fee under Subsection (a) from a withdrawal of funds generated by the collection of a cash bond or cash bail bond if in the case for which the bond was taken:
(1)  the defendant was found not guilty after a trial or appeal; or
(2)  the complaint, information, or indictment was dismissed without a plea of guilty or nolo contendere being entered.
(a-2)  On the request of a person to whom withdrawn funds generated by the collection of a cash bond or cash bail bond were disbursed, the clerk shall refund to the person the amount of the fee deducted under Subsection (a) if:
(1)  subsequent to the deduction, a court makes or enters an order or ruling in the case for which the bond was taken; and
(2)  had the court made or entered the order or ruling before the withdrawal of funds occurred, the deduction under Subsection (a) would have been prohibited under Subsection (a-1).
(b)  A fee collected under this section shall be deposited in the general fund of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 16(a), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 15, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 119, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 19, eff. December 2, 2021.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.056. Obligations Payable at County Seat

Sec. 117.056.  OBLIGATIONS PAYABLE AT COUNTY SEAT.  (a)  A depository selected under Subchapter B  shall pay a check drawn by a county or district clerk against funds deposited in the clerk's name on presentment of the check at the county seat if the funds subject to the check are in the possession of the depository.
(b)  If the depository is not located at the county seat, the depository shall file a statement with the county clerk of the county designating a place at the county seat where, and a person by whom, deposits by the clerks will be received and checks drawn on the depository will be paid. The depository shall pay a check on presentment at the designated place if the depository has sufficient funds credited to the applicable account.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.057. New Bond

Sec. 117.057.  NEW BOND.  (a)  A commissioners court may require a depository selected under Subchapter B  to execute a new bond whenever the commissioners court considers it necessary for the protection of the county clerk's and the district clerk's registry funds.
(b)  If a depository does not file a new bond required by an order of the commissioners court within five days after the date a copy of the order is served on the depository, the commissioners court may select another depository in the manner provided by Subchapter B.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter C. Depository Accounts › Section 117.058. Accounting for and Disbursing Registry Funds in Counties With Population of 190,000 or More

Sec. 117.058.  ACCOUNTING FOR AND DISBURSING REGISTRY FUNDS IN COUNTIES WITH POPULATION OF 190,000 OR MORE.  (a)  This section applies to a county with a population of 190,000 or more.
(b)  If the commissioners court of a county provides a depository for the registry funds of the county clerk or the district clerk, those officers shall make reports under oath to the county auditor to properly reflect all registry funds received and disbursed by the officer, including all money remaining on hand at the time of the report.  The county auditor shall prescribe the form and frequency of the report.
(c)  Each check issued for the disbursement of the funds must be issued in accordance with the laws providing for registry fund depositories.  Each check must be signed according to procedure established by the county auditor before delivery or payment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 505, Sec. 17, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter D. Liabilities and Penalties › Section 117.081. Liability of County and District Clerks

Sec. 117.081.  LIABILITY OF COUNTY AND DISTRICT CLERKS.  (a)  A county clerk or a district clerk is not responsible for a loss of registry funds resulting from the failure or negligence of a depository.
(b)  This section does not release a county clerk or a district clerk from:
(1)  liability for a loss of registry funds resulting from the clerk's official misconduct, negligence, or misappropriation of the funds;  or
(2)  responsibility for keeping the registry funds safe until the clerk deposits them in a depository selected under Subchapter B.
(c)  After a county clerk or a district clerk deposits in a depository selected under Subchapter B the registry funds held by the clerk, the clerk is relieved of the responsibility for keeping the funds secure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 18, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter D. Liabilities and Penalties › Section 117.083. Loss of Registry Funds

Sec. 117.083.  LOSS OF REGISTRY FUNDS.  If registry funds held by a county clerk or a district clerk and deposited by the county with a depository selected under Subchapter B  are lost for any reason, including a loss due to the insolvency of the depository, the county is liable to the rightful owner of the funds for the full amount of the funds due the owner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 19, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter D. Liabilities and Penalties › Section 117.084. Depository to Pay Check on Presentment

Sec. 117.084.   DEPOSITORY TO PAY CHECK ON PRESENTMENT.  A depository selected under Subchapter B  shall pay a check drawn against funds deposited with the depository in a special or separate account on presentation of the check if the funds that are subject to the check are in the possession of the depository.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 17(d), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 20, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.111. Subchapter Applicable to County With Population of 1

Sec. 117.111.  SUBCHAPTER APPLICABLE TO COUNTY WITH POPULATION OF 1.3 MILLION OR MORE.  This subchapter applies only to a county with a population of 1.3 million or more.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 477 (S.B. 490), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1183 (H.B. 3637), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.112. Money Affected

Sec. 117.112.  MONEY AFFECTED.  This subchapter applies to the following kinds of money paid into the registry of any court for which a clerk is or may become responsible:
(1)  funds of minors or incapacitated persons;
(2)  funds tendered in connection with a bill in interpleader;  or
(3)  any other funds.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 196, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 292, Sec. 2, eff. May 23, 2001.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.113. Depository Contract

Sec. 117.113.  DEPOSITORY CONTRACT.  The commissioners court of the county collecting the funds may contract with one or more banks in the county for the deposit of the funds in a special account to be called the "registry fund."
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.114. Notice

Sec. 117.114.  NOTICE.  Once each week for at least three consecutive weeks before the date the contract will be awarded, the county judge shall place over the judge's name in a newspaper published in the county a notice that the commissioners court intends to make the contract.  A notice shall also be posted at the courthouse door of the county.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 117 - Depositories for Certain Trust Funds and Court Registry Funds › Subchapter E. Special Provisions Applying to Funds Paid Into Court Registry in County With Population of More Than 1.3 Million › Section 117.115. Applications

Sec. 117.115.  APPLICATIONS.  A bank in the county that wants to be a special depository for the registry fund is subject to the same application provisions as those prescribed by Section 116.023 for the applicants for the county depository contract.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 17(b), eff. Aug. 28, 1989.