83R12580 EAH-F
By: Thompson of Harris H.B. No. 385
Substitute the following for H.B. No. 385:
By: Farias C.S.H.B. No. 385
A BILL TO BE ENTITLED
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.