Texas § ED.45.208 - DEPOSITORY CONTRACT

§ ED.45.208. DEPOSITORY CONTRACT

DEPOSITORY CONTRACT; BOND. (a) The bank or banks selected as the depository or depositories and the school district shall enter into a depository contract or contracts, bond or bonds, or other necessary instruments setting forth the duties and agreements pertaining to the depository, in a form and with the content prescribed by the State Board of Education. The parties shall attach to the contract and incorporate by reference the bid or proposal of the depository. (b) The depository bank shall attach to the contract and file with the school district a bond in an initial amount equal to the estimated highest daily balance, determined by the board of trustees of the district, of all deposits that the school district will have in the depository during the term of the contract, less any applicable Federal Deposit Insurance Corporation insurance. The bond must be payable to the school district and must be signed by the depository bank and by some surety company authorized to do business in this state. The depository bank shall increase the amount of the bond if the board of trustees determines it to be necessary to adequately protect the funds of the school district deposited with the depository bank. (c) The bond shall be conditioned on: (1) the faithful performance of all duties and obligations devolving by law on the depository; (2) the payment on presentation of all checks or drafts on order of the board of trustees of the school district, in accordance with its orders entered by the board of trustees according to law; (3) the payment on demand of any demand deposit in the depository; (4) the payment, after the expiration of the period of notice required, of any time deposit in the depository; (5) the faithful keeping of school funds by the depository and the accounting for the funds according to law; and (6) the faithful paying over to the successor depository all balances remaining in the accounts. (d) The bond and the surety on the bond must be approved by the board of trustees of the school district. A premium on the depository bond may not be paid out of school district funds. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376 ), Sec. 4.01(a)(8), eff. June 4, 2019. (f) In lieu of the bond required under Subsection (b), the depository bank may deposit or pledge, with the school district or with a trustee designated by the school district, approved securities in an amount sufficient to adequately protect the funds of the school district deposited with depository bank. A depository bank may give a bond and deposit or pledge approved securities in an aggregate amount sufficient to adequately protect the funds of the school district deposited with the depository bank. The school district shall designate from time to time the amount of approved securities or the aggregate amount of the bond and approved securities to adequately protect the district. The district may not designate an amount less than the balance of school district funds on deposit with the depository bank from day to day, less any applicable Federal Deposit Insurance Corporation insurance. The depository bank may substitute approved securities on obtaining the approval of the school district. For purposes of this subsection, the approved securities are valued at their market value. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 322 (H.B. 2411 ), Sec. 4, eff. June 15, 2007. Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376 ), Sec. 4.01(a)(8), eff. June 4, 2019.