By: Zaffirini, et al. S.B. No. 40
(Murr)
A BILL TO BE ENTITLED
AN ACT
relating to the bond required and the bond insurance obtained for
certain judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0006, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
and (a-4) to read as follows:
(a) Notwithstanding any other law except Subsection (a-4),
Subsections (a-1), (a-2), and (a-3) control over a specific
provision for a particular court or county that attempts to create a
requirement for a bond or insurance that conflicts with those
subsections.
(a-1) Before beginning the duties of the office, the [The]
judge of a statutory county court must execute a bond that:
(1) is payable to the treasurer of the county;
(2) is in the amount set by the commissioners court of:
(A) subject to Paragraph (B), not less than
$1,000 nor more than $10,000; or
(B) for a judge presiding in the court over
guardianship proceedings, as defined by Section 1002.015, Estates
Code, or over probate proceedings, as defined by Section 22.029,
Estates Code, not less than:
(i) $100,000 for a court in a county with a
population of 125,000 or less; or
(ii) $250,000 for a court in a county with a
population of more than 125,000; and
(3) is conditioned that the judge will:
(A) faithfully perform all duties of office; and
(B) for a judge presiding in the court over
guardianship or probate proceedings, perform the duties required by
the Estates Code [as prescribed by law for county judges].
(a-2) The bond executed as required by Subsection (a-1) must
be approved by the commissioners court.
(a-3) In lieu of the bond required by Subsection
(a-1)(2)(B), a county may elect to obtain insurance against losses
caused by the gross negligence of a judge of a statutory county
court in performing the duties of office. The commissioners court
of a county shall pay the premium for the insurance out of the
general funds of the county.
(a-4) This section does not apply to:
(1) a judge of a statutory county court who does not
preside over guardianship proceedings, as defined by Section
1002.015, Estates Code;
(2) a judge of a statutory probate court who executes a
bond, obtains insurance, or self-insures pursuant to Section
25.00231; or
(3) a judge who presides over a county criminal court.
SECTION 2. Section 26.001, Government Code, is amended to
read as follows:
Sec. 26.001. BOND. (a) Before beginning [entering] the
duties of the office, the county judge must execute a bond that:
(1) is payable to the treasurer of the county;
(2) is in the amount set by the commissioners court of:
(A) subject to Paragraph (B), not less than
$1,000 nor more than $10,000; or
(B) for a county judge presiding in the county
court over guardianship proceedings, as defined by Section
1002.015, Estates Code, or over probate proceedings, as defined by
Section 22.029, Estates Code, not less than:
(i) $100,000 for a court in a county with a
population of 125,000 or less; or
(ii) $250,000 for a court in a county with a
population of more than 125,000; and
(3) is conditioned that the judge will:
(A) faithfully perform all duties of office [pay
all money that comes into his hands as county judge to the person or
officer entitled to it]; and
(B) for a county judge presiding in the county
court over guardianship or probate proceedings, perform the duties
required by the Estates Code [pay to the county all money illegally
paid to the judge out of county funds; and
[(C) not vote or consent to pay out county funds
for other than lawful purposes].
(b) The bond executed as required by Subsection (a) must be
approved by the commissioners court.
(c) In lieu of the bond required by Subsection (a)(2)(B), a
county may elect to obtain insurance against losses caused by the
gross negligence of a county judge in performing the duties of
office. The commissioners court of a county shall pay the premium
for the insurance out of the general funds of the county.
SECTION 3. A judge of a statutory county court, a statutory
probate court, or a constitutional county court who is serving on
the effective date of this Act shall comply with the requirements of
Section 25.0006 or 26.001, Government Code, as amended by this Act,
as applicable, not later than November 1, 2017.
SECTION 4. This Act takes effect September 1, 2017.