By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 1494
(In the Senate - Received from the House April 26, 2019;
April 29, 2019, read first time and referred to Committee on
Administration; May 3, 2019, reported favorably by the following
vote: Yeas 4, Nays 0; May 3, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to surety bonds for deputy clerks and other employees of
county and district clerks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 51.309, Government Code,
is amended to read as follows:
Sec. 51.309. DEPUTY CLERKS AND OTHER EMPLOYEES [CLERK].
SECTION 2. Section 51.309, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (c), the district clerk
shall obtain one or more [a] surety bonds in accordance with this
section [bond] to cover each [a] deputy clerk or other employee.
The district clerk shall obtain:
(1) an individual bond for each deputy clerk and other
employee in an amount for each bond that is equal to the district
clerk's bond; or
(2) a schedule surety bond or a blanket surety bond to
cover all deputy clerks [more than one deputy] and all other
employees in a total amount that is equal to the district clerk's
bond [of the office].
(b-1) A deputy clerk and an employee must be covered by a
surety bond on the same conditions [and in the same amount] as the
district clerk. A [The] bond covering a deputy clerk or other
employee [the deputies and employees] shall be made payable to the
governor for the use and benefit of the district clerk.
SECTION 3. Sections 82.002(a) and (c), Local Government
Code, are amended to read as follows:
(a) Except as provided by Subsection (b), [If] the county
clerk [has only a single deputy clerk, the county clerk] shall
execute one or more [a] surety bonds in accordance with this section
[bond] to cover each [the] deputy clerk or other employee. The
county clerk shall execute:
(1) an individual bond for each deputy clerk and other
employee in an amount for each bond that is equal to the county
clerk's bond; or
(2) a schedule surety bond or a blanket surety bond to
cover all [the] deputy clerks[, if there is more than one,] and all
other employees in a total amount that is equal to the county
clerk's bond [of the office].
(c) A [The] bond covering a deputy clerk or other [an]
employee must be conditioned in the same manner as the county
clerk's bond [and must be for the same amount as the bond for the
county clerk]. A [The] bond covering a deputy clerk or other
employee must be made payable to the county for the use and benefit
of the county clerk.
SECTION 4. This Act takes effect September 1, 2019.
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