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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a county risk management pool by certain |
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county and district officers instead of the execution of bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 81, Local Government Code, |
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is amended by adding Section 81.025 to read as follows: |
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Sec. 81.025. COUNTY RISK MANAGEMENT POOL COVERAGE INSTEAD |
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OF BONDS. (a) Instead of a bond required by law to be executed by a |
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county officer before taking office, the commissioners court may |
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authorize the officer to obtain coverage from a county government |
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risk management pool created under Chapter 119. |
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(b) Coverage obtained under this section must: |
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(1) be in an amount that is at least equal to the |
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amount of the bond that would otherwise be required by law; |
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(2) satisfy all other conditions applicable to the |
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bond; and |
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(3) be approved, recorded, and filed in the manner |
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required by law for the bond. |
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(c) An officer who obtains coverage instead of a bond under |
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this section satisfies the bond requirements that are imposed on |
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the individual by other law. |
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(d) To the extent of a conflict between this section and |
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other law, this section controls. |
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(e) This section does not apply to coverage obtained under |
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Section 43.002 or 44.002, Government Code. |
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SECTION 2. Section 43.002, Government Code, is amended to |
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read as follows: |
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Sec. 43.002. BOND; COUNTY RISK MANAGEMENT POOL. (a) Before |
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assuming the duties of the office and except as provided by |
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Subsection (c), a district attorney must give a bond that: |
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(1) is payable to the governor; |
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(2) is in the sum of $5,000; |
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(3) has two or more good and sufficient sureties; |
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(4) is approved by the district judge; and |
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(5) is conditioned that the district attorney will, in |
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the manner prescribed by law, faithfully pay over all money that he |
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collects or that comes into his hands for the state or a county. |
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(b) Except as provided by Subsection (c), each [Each] |
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district attorney's bond shall be deposited in the office of the |
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comptroller of public accounts. |
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(c) Instead of the bond required under Subsection (a), a |
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district attorney may obtain coverage from a county government risk |
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management pool created under Chapter 119. Coverage obtained under |
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the pool must be in the same amount and satisfy the same bond |
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conditions otherwise required by this section. |
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SECTION 3. Section 44.002, Government Code, is amended to |
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read as follows: |
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Sec. 44.002. QUALIFICATIONS; BOND; COUNTY RISK MANAGEMENT |
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POOL. (a) Except as provided by Subsection (b), a [A] criminal |
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district attorney must meet the qualifications and give the bond |
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required of a district attorney by the constitution and general |
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law. |
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(b) Instead of the bond required under Subsection (a), a |
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criminal district attorney may obtain coverage from a county |
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government risk management pool created under Chapter 119. Coverage |
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obtained under the pool must be in the same amount and satisfy the |
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same bond conditions otherwise required by this section. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |