Texas 2013 - 83rd Regular

Texas House Bill HB385 Compare Versions

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Old	New	Differences
1	1	83R12580 EAH-F
2	2	By: Thompson of Harris H.B. No. 385
3	3	Substitute the following for H.B. No. 385:
4	4	By: Farias C.S.H.B. No. 385
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to bond requirements for county officers and employees,
10	10	district attorneys, and criminal district attorneys.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 43.002, Government Code, is amended by
13	13	amending Subsection (a) and adding Subsection (d) to read as
14	14	follows:
15	15	(a) Before assuming the duties of the office and except as
16	16	provided by Subsection (c) or (d), a district attorney must give a
17	17	bond that:
18	18	(1) is payable to the governor;
19	19	(2) is in the sum of $5,000;
20	20	(3) has two or more good and sufficient sureties;
21	21	(4) is approved by the district judge; and
22	22	(5) is conditioned that the district attorney will, in
23	23	the manner prescribed by law, faithfully pay over all money that he
24	24	collects or that comes into his hands for the state or a county.
25	25	(d) A district attorney is not required to execute the bond
26	26	required under Subsection (a) and may perform the duties of office
27	27	if the commissioners court of each county in the district by order
28	28	authorizes the county to self-insure against losses that would have
29	29	been covered by the bond. An order adopted by a commissioners court
30	30	under this subsection shall be kept and recorded by the county
31	31	clerk.
32	32	SECTION 2. Section 44.002, Government Code, is amended by
33	33	amending Subsection (a) and adding Subsection (c) to read as
34	34	follows:
35	35	(a) Except as provided by Subsection (b) or (c), a criminal
36	36	district attorney must meet the qualifications and give the bond
37	37	required of a district attorney by the constitution and general
38	38	law.
39	39	(c) A criminal district attorney is not required to execute
40	40	the bond required under Subsection (a) and may perform the duties of
41	41	office if the commissioners court of the county the attorney serves
42	42	by order authorizes the county to self-insure against losses that
43	43	would have been covered by the bond. An order adopted by a
44	44	commissioners court under this subsection shall be kept and
45	45	recorded by the county clerk.
46	46	SECTION 3. Chapter 88, Local Government Code, is amended by
47	47	adding Section 88.008 to read as follows:
48	48	Sec. 88.008. SELF-INSURANCE INSTEAD OF BOND. (a)
49	49	Notwithstanding any other law requiring a county officer or
50	50	employee to execute a bond as a condition of office or employment, a
51	51	county officer or employee is not required to execute the bond and
52	52	may perform the duties of office or employment if:
53	53	(1) the commissioners court by order authorizes the
54	54	county to self-insure against losses that would have been covered
55	55	by the bond; and
56	56	(2) the county judge approves the order adopted under
57	57	Subdivision (1), if the county judge was required to approve the
58	58	bond under the other law.
59	59	(b) An order adopted by the commissioners court under
60	60	Subsection (a) shall be kept and recorded by the county clerk.
61	61	SECTION 4. The heading to Chapter 88, Local Government
62	62	Code, is amended to read as follows:
63	63	CHAPTER 88. OFFICIAL BONDS OF [CERTAIN] COUNTY OFFICERS AND
64	64	EMPLOYEES
65	65	SECTION 5. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2013.