Texas Local Government Code Title 4, Chapter 117 - Depositories For Certain Trust Funds And Court Registry Funds

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B ESTABLISHMENT OF DEPOSITORY

• Texas Section 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...
• Texas Section 117.021 - Applications
  (a) The commissioners court of a county shall select by the process provided by this subchapter or by Subchapter C, Chapter 262, a federally insured...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 117.026 - Advertisement For And Selection Of Depository Outside The County
  (a) The commissioners court may select a federally insured bank or banks located outside the county to serve as the depository under this subchapter if:...
• Texas Section 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...

SUBCHAPTER C DEPOSITORY ACCOUNTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 117.055 - County Expenses Paid From Fees
  (a) To compensate the county for the accounting and administrative expenses incurred in handling the registry funds that have not earned interest, including funds in...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D LIABILITIES AND PENALTIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E SPECIAL PROVISIONS APPLYING TO FUNDS PAID INTO COURT REGISTRY IN COUNTY WITH POPULATION OF MORE THAN 1.3 MILLION

• Texas Section 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...
• Texas 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...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 117.116 - Selection Of Depository
  At the time and place stated in the notice, the commissioners court shall select a special depository for the registry fund in accordance with the...
• Texas Section 117.117 - Qualification As Depository
  A bank selected as a special depository for the registry fund must qualify as the depository in accordance with the same provisions as those prescribed...
• Texas Section 117.118 - Application Of County Depository Law
  Matters regarding special depositories for the registry fund are subject to the same provisions as those prescribed by Chapter 116 regarding county depositories. Added by...
• Texas Section 117.119 - Deposit Of Funds
  Money paid into the registry of the court shall be deposited by a clerk into the registry fund at the special depository. Added by Acts...
• Texas Section 117.120 - Custodianship
  A clerk shall act only in a custodial capacity regarding the registry fund, is not considered to be a trustee for the beneficial owner, and...
• Texas Section 117.121 - Disbursement Of Funds
  (a) Money may be paid from the registry fund only on checks or drafts signed by a clerk on the written order of the court...
• Texas Section 117.122 - Interest
  (a) The interest derived from money on deposit in the registry fund shall be paid as earned as follows: (1) a sum equal to 10...
• Texas Section 117.123 - Audit
  (a) The registry funds shall be audited at the end of each county fiscal year by the county auditor or by an independent certified public...
• Texas Section 117.124 - Liability Of Clerk
  (a) A clerk is not responsible for: (1) a loss of funds resulting from the failure or negligence of a depository; or (2) the safety...
• Texas Section 117.125 - Transfer Of Money
  (a) In the absence of a contrary order from a court having jurisdiction over the registry fund, a clerk may transfer money deposited in the...

Last modified: September 28, 2016