Texas 2011 - 82nd Regular

Texas Senate Bill SB1243 Compare Versions

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Old	New	Differences
1	1	By: West S.B. No. 1243
2	2	(Coleman)
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 and
9	9	to the authority of certain counties and intergovernmental pools to
10	10	require reimbursement for punitive damage coverage.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 81, Local Government Code,
13	13	is amended by adding Section 81.025 to read as follows:
14	14	Sec. 81.025. COUNTY RISK MANAGEMENT POOL COVERAGE INSTEAD
15	15	OF BONDS. (a) Instead of a bond required by law to be executed by a
16	16	county officer before taking office, the commissioners court may
17	17	authorize the officer to obtain coverage from a county government
18	18	risk management pool created under Chapter 119.
19	19	(b) Coverage obtained under this section must:
20	20	(1) be in an amount that is at least equal to the
21	21	amount of the bond that would otherwise be required by law;
22	22	(2) satisfy all other conditions applicable to the
23	23	bond; and
24	24	(3) be approved, recorded, and filed in the manner
25	25	required by law for the bond.
26	26	(c) An officer who obtains coverage instead of a bond under
27	27	this section satisfies the bond requirements that are imposed on
28	28	the individual by other law.
29	29	(d) To the extent of a conflict between this section and
30	30	other law, this section controls.
31	31	(e) This section does not apply to coverage obtained under
32	32	Section 43.002 or 44.002, Government Code.
33	33	SECTION 2. Subchapter Z, Chapter 157, Local Government
34	34	Code, is amended by adding Section 157.9031 to read as follows:
35	35	Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR
36	36	CERTAIN COVERAGE. A self-insuring county or the intergovernmental
37	37	pool operating under Chapter 119, under policies concerning the
38	38	provision of coverages adopted by the county's commissioners court
39	39	or the pool's governing body, may require reimbursement for the
40	40	provision of punitive damage coverage from a person to whom the
41	41	county or intergovernmental pool provides coverage.
42	42	SECTION 3. Section 43.002, Government Code, is amended to
43	43	read as follows:
44	44	Sec. 43.002. BOND; COUNTY RISK MANAGEMENT POOL.
45	45	(a) Before assuming the duties of the office and except as
46	46	provided by Subsection (c), a district attorney must give a bond
47	47	that:
48	48	(1) is payable to the governor;
49	49	(2) is in the sum of $5,000;
50	50	(3) has two or more good and sufficient sureties;
51	51	(4) is approved by the district judge; and
52	52	(5) is conditioned that the district attorney will, in
53	53	the manner prescribed by law, faithfully pay over all money that he
54	54	collects or that comes into his hands for the state or a county.
55	55	(b) Except as provided by Subsection (c), each [Each]
56	56	district attorney's bond shall be deposited in the office of the
57	57	comptroller of public accounts.
58	58	(c) Instead of the bond required under Subsection (a), a
59	59	district attorney may obtain coverage from a county government risk
60	60	management pool created under Chapter 119, Local Government Code.
61	61	Coverage obtained under the pool must be in the same amount and
62	62	satisfy the same bond conditions otherwise required by this
63	63	section.
64	64	SECTION 4. Section 44.002, Government Code, is amended to
65	65	read as follows:
66	66	Sec. 44.002. QUALIFICATIONS; BOND; COUNTY RISK MANAGEMENT
67	67	POOL. (a) Except as provided by Subsection (b), a [A] criminal
68	68	district attorney must meet the qualifications and give the bond
69	69	required of a district attorney by the constitution and general
70	70	law.
71	71	(b) Instead of the bond required under Subsection (a), a
72	72	criminal district attorney may obtain coverage from a county
73	73	government risk management pool created under Chapter 119, Local
74	74	Government Code. Coverage obtained under the pool must be in the
75	75	same amount and satisfy the same bond conditions otherwise required
76	76	by this section.
77	77	SECTION 5. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2011.