By: Zedler (Senate Sponsor - Harris) H.B. No. 1241
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on Criminal
Justice; May 21, 2011, reported favorably by the following vote:
Yeas 6, Nays 0; May 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to surety bond requirements for reserve deputy constables.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.012, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) Except as provided by Subsection (c-1), a [A] reserve
deputy constable must take the official oath and must execute a bond
in the amount of $2,000, payable to the constable. The oath and
bond must be filed with the county clerk of the county in which the
appointment is made. The oath and bond must be given before the
reserve deputy constable's entry on duty and simultaneously with
the officer's appointment.
(c-1) If a constable appoints more than one reserve deputy
constable, the constable may execute a blanket surety bond to cover
the reserve deputy constables. Instead of a reserve deputy
constable executing an individual bond under Subsection (c) or the
constable executing a blanket surety bond, the county may
self-insure against losses that would have been covered by the
bond.
SECTION 2. 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, 2011.
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