By: West S.B. No. 1243
(Coleman)
A BILL TO BE ENTITLED
AN ACT
relating to the use of a county risk management pool by certain
county and district officers instead of the execution of bonds and
to the authority of certain counties and intergovernmental pools to
require reimbursement for punitive damage coverage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 81, Local Government Code,
is amended by adding Section 81.025 to read as follows:
Sec. 81.025. COUNTY RISK MANAGEMENT POOL COVERAGE INSTEAD
OF BONDS. (a) Instead of a bond required by law to be executed by a
county officer before taking office, the commissioners court may
authorize the officer to obtain coverage from a county government
risk management pool created under Chapter 119.
(b) Coverage obtained under this section must:
(1) be in an amount that is at least equal to the
amount of the bond that would otherwise be required by law;
(2) satisfy all other conditions applicable to the
bond; and
(3) be approved, recorded, and filed in the manner
required by law for the bond.
(c) An officer who obtains coverage instead of a bond under
this section satisfies the bond requirements that are imposed on
the individual by other law.
(d) To the extent of a conflict between this section and
other law, this section controls.
(e) This section does not apply to coverage obtained under
Section 43.002 or 44.002, Government Code.
SECTION 2. Subchapter Z, Chapter 157, Local Government
Code, is amended by adding Section 157.9031 to read as follows:
Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR
CERTAIN COVERAGE. A self-insuring county or the intergovernmental
pool operating under Chapter 119, under policies concerning the
provision of coverages adopted by the county's commissioners court
or the pool's governing body, may require reimbursement for the
provision of punitive damage coverage from a person to whom the
county or intergovernmental pool provides coverage.
SECTION 3. Section 43.002, Government Code, is amended to
read as follows:
Sec. 43.002. BOND; COUNTY RISK MANAGEMENT POOL.
(a) Before assuming the duties of the office and except as
provided by Subsection (c), 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.
(b) Except as provided by Subsection (c), each [Each]
district attorney's bond shall be deposited in the office of the
comptroller of public accounts.
(c) Instead of the bond required under Subsection (a), a
district attorney may obtain coverage from a county government risk
management pool created under Chapter 119, Local Government Code.
Coverage obtained under the pool must be in the same amount and
satisfy the same bond conditions otherwise required by this
section.
SECTION 4. Section 44.002, Government Code, is amended to
read as follows:
Sec. 44.002. QUALIFICATIONS; BOND; COUNTY RISK MANAGEMENT
POOL. (a) Except as provided by Subsection (b), a [A] criminal
district attorney must meet the qualifications and give the bond
required of a district attorney by the constitution and general
law.
(b) Instead of the bond required under Subsection (a), a
criminal district attorney may obtain coverage from a county
government risk management pool created under Chapter 119, Local
Government Code. Coverage obtained under the pool must be in the
same amount and satisfy the same bond conditions otherwise required
by this section.
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, 2011.