Bill Text: TX SB265 | 2013-2014 | 83rd Legislature | Enrolled

Texas Senate Bill 265 (Prior Session Legislation)

Bill Title: Relating to bond requirements for county officers and employees, district attorneys, and criminal district attorneys.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-05-18 - Effective immediately [SB265 Detail]

Download: Texas-2013-SB265-Enrolled.html



	S.B. No. 265




	AN ACT
	relating to bond requirements for county officers and employees,
	district attorneys, and criminal district attorneys.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 43.002, Government Code, is amended by
	amending Subsection (a) and adding Subsection (d) to read as
	follows:
	(a) Before assuming the duties of the office and except as
	provided by Subsection (c) or (d), a district attorney must give a
	bond that:
	(1) is payable to the governor;
	(2) is in the sum of $5,000;
	(3) has two or more good and sufficient sureties;
	(4) is approved by the district judge; and
	(5) is conditioned that the district attorney will, in
	the manner prescribed by law, faithfully pay over all money that he
	collects or that comes into his hands for the state or a county.
	(d) A district attorney is not required to execute the bond
	required under Subsection (a) and may perform the duties of office
	if the commissioners court of each county in the district by order
	authorizes the county to self-insure against losses that would have
	been covered by the bond. An order adopted by a commissioners court
	under this subsection shall be kept and recorded by the county
	clerk.
	SECTION 2. Section 44.002, Government Code, is amended by
	amending Subsection (a) and adding Subsection (c) to read as
	follows:
	(a) Except as provided by Subsection (b) or (c), a criminal
	district attorney must meet the qualifications and give the bond
	required of a district attorney by the constitution and general
	law.
	(c) A criminal district attorney is not required to execute
	the bond required under Subsection (a) and may perform the duties of
	office if the commissioners court of the county the attorney serves
	by order authorizes the county to self-insure against losses that
	would have been covered by the bond. An order adopted by a
	commissioners court under this subsection shall be kept and
	recorded by the county clerk.
	SECTION 3. Chapter 88, Local Government Code, is amended by
	adding Section 88.008 to read as follows:
	Sec. 88.008. SELF-INSURANCE INSTEAD OF BOND.
	(a) Notwithstanding any other law requiring a county officer or
	employee to execute a bond as a condition of office or employment, a
	county officer or employee is not required to execute the bond and
	may perform the duties of office or employment if:
	(1) the commissioners court by order authorizes the
	county to self-insure against losses that would have been covered
	by the bond; and
	(2) the county judge approves the order adopted under
	Subdivision (1), if the county judge was required to approve the
	bond under the other law.
	(b) An order adopted by the commissioners court under
	Subsection (a) shall be kept and recorded by the county clerk.
	SECTION 4. The heading to Chapter 88, Local Government
	Code, is amended to read as follows:
	CHAPTER 88. OFFICIAL BONDS OF [~~CERTAIN~~] COUNTY OFFICERS AND
	EMPLOYEES
	SECTION 5. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 265 passed the Senate on
	March 13, 2013, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 8, 2013, by the
	following vote: Yeas 30, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 265 passed the House, with
	amendment, on May 2, 2013, by the following vote: Yeas 146, Nays 1,
	two present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor