Texas 2011 - 82nd Regular

Texas House Bill HB3588 Compare Versions

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1	1	82R9602 MXM-F
2	2	By: Coleman H.B. No. 3588
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a county risk management pool by certain
8	8	county and district officers instead of the execution of bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 81, Local Government Code,
11	11	is amended by adding Section 81.025 to read as follows:
12	12	Sec. 81.025. COUNTY RISK MANAGEMENT POOL COVERAGE INSTEAD
13	13	OF BONDS. (a) Instead of a bond required by law to be executed by a
14	14	county officer before taking office, the commissioners court may
15	15	authorize the officer to obtain coverage from a county government
16	16	risk management pool created under Chapter 119.
17	17	(b) Coverage obtained under this section must:
18	18	(1) be in an amount that is at least equal to the
19	19	amount of the bond that would otherwise be required by law;
20	20	(2) satisfy all other conditions applicable to the
21	21	bond; and
22	22	(3) be approved, recorded, and filed in the manner
23	23	required by law for the bond.
24	24	(c) An officer who obtains coverage instead of a bond under
25	25	this section satisfies the bond requirements that are imposed on
26	26	the individual by other law.
27	27	(d) To the extent of a conflict between this section and
28	28	other law, this section controls.
29	29	(e) This section does not apply to coverage obtained under
30	30	Section 43.002 or 44.002, Government Code.
31	31	SECTION 2. Section 43.002, Government Code, is amended to
32	32	read as follows:
33	33	Sec. 43.002. BOND; COUNTY RISK MANAGEMENT POOL. (a) Before
34	34	assuming the duties of the office and except as provided by
35	35	Subsection (c), a district attorney must give a bond that:
36	36	(1) is payable to the governor;
37	37	(2) is in the sum of $5,000;
38	38	(3) has two or more good and sufficient sureties;
39	39	(4) is approved by the district judge; and
40	40	(5) is conditioned that the district attorney will, in
41	41	the manner prescribed by law, faithfully pay over all money that he
42	42	collects or that comes into his hands for the state or a county.
43	43	(b) Except as provided by Subsection (c), each [Each]
44	44	district attorney's bond shall be deposited in the office of the
45	45	comptroller of public accounts.
46	46	(c) Instead of the bond required under Subsection (a), a
47	47	district attorney may obtain coverage from a county government risk
48	48	management pool created under Chapter 119. Coverage obtained under
49	49	the pool must be in the same amount and satisfy the same bond
50	50	conditions otherwise required by this section.
51	51	SECTION 3. Section 44.002, Government Code, is amended to
52	52	read as follows:
53	53	Sec. 44.002. QUALIFICATIONS; BOND; COUNTY RISK MANAGEMENT
54	54	POOL. (a) Except as provided by Subsection (b), a [A] criminal
55	55	district attorney must meet the qualifications and give the bond
56	56	required of a district attorney by the constitution and general
57	57	law.
58	58	(b) Instead of the bond required under Subsection (a), a
59	59	criminal district attorney may obtain coverage from a county
60	60	government risk management pool created under Chapter 119. Coverage
61	61	obtained under the pool must be in the same amount and satisfy the
62	62	same bond conditions otherwise required by this section.
63	63	SECTION 4. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2011.