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Treasurer

Summaries

KP-0174
Ken Paxton

Court registry account, county treasurer does not have administrative authority over|Court registry account, county commissioners court's authority over

GA-0332
Greg Abbott

Collections department under authority of county treasurer for collection of criminal fines and fees, article 103.0031 of the Code of Criminal Procedure does not authorize commissioners court to establish|Criminal fines and fees, county treasurer is not authorized to collect by article 103.0031, Code of Criminal Procedure|Clerk of county or statutory county court, judge of county or statutory county court is not authorized to appoint

GA-0503
Greg Abbott

Duties not assigned by law, the commissioners court may delegate to an appropriate elected county official|Personnel officer duties, the commissioners court may delegate to the county treasurer if the commissioners court determines that the treasurer is an appropriate county official to handle such duties

GA-0636
Greg Abbott

Fees collected by county officers for the county must be deposited in the county treasury, absent a specific statute providing for a different disposition \r\n|Fees collected by a county sheriff, county clerk, district clerk or justice of the peace for the county may not be placed in an individual bank account in the county’s depository that enables the officer to control and withdraw funds |Regulations adopted by auditor may not authorize a county officer to place county funds in a bank account in the county depository under the officer’s own name or enable the officer to control and disburse those funds|Signature of the county treasurer and county auditor is required for checks written on accounts in county treasury for fee funds collected by a county official

GA-0638
Greg Abbott

Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure|Records management and preservation fee collected under article 102.005(f) of Code of Criminal Procedure, allocation to district clerk's recrods management and preservation fund|Records management and preservation fund, a county clerk may not expend money from the clerk's fund with the commissioners court's approval|Records management and preservation fund, a county clerk may not expend money from the fund without the commissioners court's approval|County clerk's records management and preservation fund, the treasurer may not pay a request by the county clerk to expend money from the fund unless the commissioner court has approved the expenditure|Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure, use and distribution of

GA-0639
Greg Abbott

Motor vehicle certificate of title fee, tax assessor-collector does not have authority to award fee as extra compensation to salaried employees

GA-0704
Greg Abbott

County without an auditor, treasurer examines records of funds held by sheriff|In a county without an auditor, the treasurer is authorized to examine the accounts and records of funds held by the sheriff, including records of funds that are not county funds|Records of funds held by sheriff, including records of commissary and forfeiture funds, which are not county funds, are subject to examination by county treasurer in counties without an auditor

GA-0916
Greg Abbott

Disbursement of county funds and endorse payments to county payees, the Legislature has delegated the county treasurer as the official to perform and the commissioners court may not reassign those duties elsewhere|The county treasurer must reconcile all balances and transactions for each treasury account, pursuant to Local Government Code subsection 113.008(d), and no exception is made for those accounts where the county treasurer has signed the signature card|Issue a receipt for funds deposited by other county officers on the same day they are taken to the bank, nothing in Senate Bill 373 or article 103.004 of the Code of Criminal Procedure requires that the county treasurer

GA-0937
Greg Abbott

Reconcile checks and orders for payment payable from funds that are under direct authority of other county officials, if those officials are unable or unwilling to perform the reconciliation themselves a county treasurer must do so pursuant to section 113.008, Local Government Code

DM-0096
Dan Morales

Investment functions, commissioners court may delegate to county officers or employees other than treasurer|County treasurer, commissioners court may not remove from process of investing county funds but may restrict authority of|Investing county funds, commissioners court may not entirely remove treasurer from process of but may restrict her authority

DM-0247
Dan Morales

Forfeiture funds in multicounty judicial district, management, control and use of, audit authority over|Forfeiture funds, district or criminal district attorney may not keep exclusive records, auditor must keep records|Forfeiture funds must be deposited with county treasurer, attorney representing the state or local law enforcement agency may be sole signatory on any expenditure from special funds\r\n\r\n|Forfeiture funds must be deposited with county treasurer, attorney representing the state or local law enforcement agency may be sole signatory on any expenditure from special funds|Contraband seized by a peace officer, county or municipality responsible for costs of safeguarding property

DM-0257
Dan Morales

Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, must be placed with county treasurer for deposit in county treasury|Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, subject to auditor oversight|Funds of juvenile board or probation department must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight|Funds of district or criminal district attorney must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight

DM-0396
Dan Morales

Abuse of official capacity, justice of the peace who does not "immediately" deposit with county treasurer fines collected may be prosecuted|Restitution for dishonored check collected by justice of the peace need not be deposited with treasurer|Misapplication of restitution for dishonored check collected by justice of the peace, justice may be prosecuted|Fines collected by justice of the peace, justice who does not "immediately" deposit with county treasurer may be prosecuted for abuse of official capacity or removed from office|Restitution for dishonored check collected by justice of the peace, justice may be removed from office for official misconduct if misapplies|Restitution for dishonored check, justice of the peace may collect and deposit into account separate from county treasury|Restitution for dishonored check collected by justice of the peace is not county funds|Restitution for dishonored check collected by justice of the peace, auditor in county with fewer than 190,000 people may not regulate the collecting, checking, and accounting of

DM-0440
Dan Morales

Claims, procedures for payment of|Ministerial payroll preparation and claim processing functions that legislature has not assigned to specific county officer, commissioners court may delegate to auditor|Duties assigned by legislature are treasurer's core functions that commissioners court may not delegate to another officer|Payroll preparation and claim processing function that legislature has not assigned to specific county officer, court's authority to delegate

JC-0131
John Cornyn

Closure of office for bad weather, repairs, and the like, whether county official may authorize|Salary, auditor may not withhold payment for time that employee did not work because of officer-approved office closure|Closure of office for bad weather, repairs, and the like, county officers may authorize and pay employees for time they were unable to work|Salary, treasurer may not withhold payment for time that employee did not work because of officer-approved office closure

JC-0176
John Cornyn

Juror reimbursement, county treasurer is proper officer to deliver check to payee|Juror reimbursement checks, district clerk may not deliver

JC-0231
John Cornyn

Electronic transfer, tax funds from tax assessor-collector's account in county depository to county treasurer may be made by|Electronic transfer of tax funds from tax assessor-collector's account in county depository to county treasurer, treasurer may not initiate|Electronic transfer of tax funds from tax assessor-collector's account in county depository to county treasurer, tax assessor-collector may initiate

JC-0276
John Cornyn

Deputy treasurer, as agent, may exercise all powers of treasurer|Deputy treasurer, treasurer may appoint pursuant to chapter 151 of the Local Government Code

JC-0370
John Cornyn

Ratify payment made by county treasurer, commissioners court may if payment otherwise lawful when made|Unconstitutional retroactive compensation for services performed and impermissible private use of public funds, county treasurer's payment of employees' accrued vacation or compensatory time when the county did not have a policy providing for such payment|Accrued vacation and compensatory time, sheriff's deputies may not receive payment for time that accrued when county did not provide for such payment

JC-0490
John Cornyn

County treasurer is not barred from simultaneous service as trustee of independent school district|Trustee of independent school district not barred by common-law incompatibility from simultaneously serving as county treasurer|Trustee of independent school district not barred from simultaneous service as county treasurer

KP-0269
Ken Paxton

Chapter 76 of the Property Code requires the county treasurer to sell abandoned property subject to its provisions at a public sale conducted in the county’s jurisdiction.  If the county treasurer determines the highest bid from the public sale is insufficient, then the property may be sold through a public or private sale, including an online auction.