Texas 2017 - 85th Regular

Texas Senate Bill SB40 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini, et al. S.B. No. 40
2		-	(Murr)
	1	+	S.B. No. 40
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the bond required and the bond insurance obtained for
8	6		certain judges.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 25.0006, Government Code, is amended by
11	9		amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
12	10		and (a-4) to read as follows:
13	11		(a) Notwithstanding any other law except Subsection (a-4),
14	12		Subsections (a-1), (a-2), and (a-3) control over a specific
15	13		provision for a particular court or county that attempts to create a
16	14		requirement for a bond or insurance that conflicts with those
17	15		subsections.
18	16		(a-1) Before beginning the duties of the office, the [The]
19	17		judge of a statutory county court must execute a bond that:
20	18		(1) is payable to the treasurer of the county;
21	19		(2) is in the amount set by the commissioners court of:
22	20		(A) subject to Paragraph (B), not less than
23	21		$1,000 nor more than $10,000; or
24	22		(B) for a judge presiding in the court over
25	23		guardianship proceedings, as defined by Section 1002.015, Estates
26	24		Code, or over probate proceedings, as defined by Section 22.029,
27	25		Estates Code, not less than:
28	26		(i) $100,000 for a court in a county with a
29	27		population of 125,000 or less; or
30	28		(ii) $250,000 for a court in a county with a
31	29		population of more than 125,000; and
32	30		(3) is conditioned that the judge will:
33	31		(A) faithfully perform all duties of office; and
34	32		(B) for a judge presiding in the court over
35	33		guardianship or probate proceedings, perform the duties required by
36	34		the Estates Code [as prescribed by law for county judges].
37	35		(a-2) The bond executed as required by Subsection (a-1) must
38	36		be approved by the commissioners court.
39	37		(a-3) In lieu of the bond required by Subsection
40	38		(a-1)(2)(B), a county may elect to obtain insurance against losses
41	39		caused by the gross negligence of a judge of a statutory county
42	40		court in performing the duties of office. The commissioners court
43	41		of a county shall pay the premium for the insurance out of the
44	42		general funds of the county.
45	43		(a-4) This section does not apply to:
46	44		(1) a judge of a statutory county court who does not
47	45		preside over guardianship proceedings, as defined by Section
48	46		1002.015, Estates Code;
49	47		(2) a judge of a statutory probate court who executes a
50	48		bond, obtains insurance, or self-insures pursuant to Section
51	49		25.00231; or
52	50		(3) a judge who presides over a county criminal court.
53	51		SECTION 2. Section 26.001, Government Code, is amended to
54	52		read as follows:
55	53		Sec. 26.001. BOND. (a) Before beginning [entering] the
56	54		duties of the office, the county judge must execute a bond that:
57	55		(1) is payable to the treasurer of the county;
58	56		(2) is in the amount set by the commissioners court of:
59	57		(A) subject to Paragraph (B), not less than
60	58		$1,000 nor more than $10,000; or
61	59		(B) for a county judge presiding in the county
62	60		court over guardianship proceedings, as defined by Section
63	61		1002.015, Estates Code, or over probate proceedings, as defined by
64	62		Section 22.029, Estates Code, not less than:
65	63		(i) $100,000 for a court in a county with a
66	64		population of 125,000 or less; or
67	65		(ii) $250,000 for a court in a county with a
68	66		population of more than 125,000; and
69	67		(3) is conditioned that the judge will:
70	68		(A) faithfully perform all duties of office [pay
71	69		all money that comes into his hands as county judge to the person or
72	70		officer entitled to it]; and
73	71		(B) for a county judge presiding in the county
74	72		court over guardianship or probate proceedings, perform the duties
75	73		required by the Estates Code [pay to the county all money illegally
76	74		paid to the judge out of county funds; and
77	75		[(C) not vote or consent to pay out county funds
78	76		for other than lawful purposes].
79	77		(b) The bond executed as required by Subsection (a) must be
80	78		approved by the commissioners court.
81	79		(c) In lieu of the bond required by Subsection (a)(2)(B), a
82	80		county may elect to obtain insurance against losses caused by the
83	81		gross negligence of a county judge in performing the duties of
84	82		office. The commissioners court of a county shall pay the premium
85	83		for the insurance out of the general funds of the county.
86	84		SECTION 3. A judge of a statutory county court, a statutory
87	85		probate court, or a constitutional county court who is serving on
88	86		the effective date of this Act shall comply with the requirements of
89	87		Section 25.0006 or 26.001, Government Code, as amended by this Act,
90	88		as applicable, not later than November 1, 2017.
91	89		SECTION 4. This Act takes effect September 1, 2017.
	90	+	______________________________ ______________________________
	91	+	President of the Senate Speaker of the House
	92	+	I hereby certify that S.B. No. 40 passed the Senate on
	93	+	March 14, 2017, by the following vote: Yeas 31, Nays 0.
	94	+	______________________________
	95	+	Secretary of the Senate
	96	+	I hereby certify that S.B. No. 40 passed the House on
	97	+	May 24, 2017, by the following vote: Yeas 146, Nays 0, two
	98	+	present not voting.
	99	+	______________________________
	100	+	Chief Clerk of the House
	101	+	Approved:
	102	+	______________________________
	103	+	Date
	104	+	______________________________
	105	+	Governor