4 | 10 | | AN ACT |
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5 | 11 | | relating to surety bonds for deputy clerks and other employees of |
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6 | 12 | | county and district clerks. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. The heading to Section 51.309, Government Code, |
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9 | 15 | | is amended to read as follows: |
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10 | 16 | | Sec. 51.309. DEPUTY CLERKS AND OTHER EMPLOYEES [CLERK]. |
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11 | 17 | | SECTION 2. Section 51.309, Government Code, is amended by |
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12 | 18 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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13 | 19 | | follows: |
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14 | 20 | | (b) Except as provided by Subsection (c), the district clerk |
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15 | 21 | | shall obtain one or more [a] surety bonds in accordance with this |
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16 | 22 | | section [bond] to cover each [a] deputy clerk or other employee. |
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17 | 23 | | The district clerk shall obtain: |
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18 | 24 | | (1) an individual bond for each deputy clerk and other |
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19 | 25 | | employee in an amount for each bond that is equal to the district |
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20 | 26 | | clerk's bond; or |
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21 | 27 | | (2) a schedule surety bond or a blanket surety bond to |
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22 | 28 | | cover all deputy clerks [more than one deputy] and all other |
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23 | 29 | | employees in a total amount that is equal to the district clerk's |
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24 | 30 | | bond [of the office]. |
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25 | 31 | | (b-1) A deputy clerk and an employee must be covered by a |
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26 | 32 | | surety bond on the same conditions [and in the same amount] as the |
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27 | 33 | | district clerk. A [The] bond covering a deputy clerk or other |
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28 | 34 | | employee [the deputies and employees] shall be made payable to the |
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29 | 35 | | governor for the use and benefit of the district clerk. |
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30 | 36 | | SECTION 3. Sections 82.002(a) and (c), Local Government |
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31 | 37 | | Code, are amended to read as follows: |
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32 | 38 | | (a) Except as provided by Subsection (b), [If] the county |
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33 | 39 | | clerk [has only a single deputy clerk, the county clerk] shall |
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34 | 40 | | execute one or more [a] surety bonds in accordance with this section |
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35 | 41 | | [bond] to cover each [the] deputy clerk or other employee. The |
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36 | 42 | | county clerk shall execute: |
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37 | 43 | | (1) an individual bond for each deputy clerk and other |
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38 | 44 | | employee in an amount for each bond that is equal to the county |
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39 | 45 | | clerk's bond; or |
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40 | 46 | | (2) a schedule surety bond or a blanket surety bond to |
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41 | 47 | | cover all [the] deputy clerks[, if there is more than one,] and all |
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42 | 48 | | other employees in a total amount that is equal to the county |
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43 | 49 | | clerk's bond [of the office]. |
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44 | 50 | | (c) A [The] bond covering a deputy clerk or other [an] |
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45 | 51 | | employee must be conditioned in the same manner as the county |
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46 | 52 | | clerk's bond [and must be for the same amount as the bond for the |
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47 | 53 | | county clerk]. A [The] bond covering a deputy clerk or other |
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48 | 54 | | employee must be made payable to the county for the use and benefit |
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49 | 55 | | of the county clerk. |
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50 | 56 | | SECTION 4. This Act takes effect September 1, 2019. |
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51 | | - | ______________________________ ______________________________ |
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52 | | - | President of the Senate Speaker of the House |
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53 | | - | I certify that H.B. No. 1494 was passed by the House on April |
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54 | | - | 25, 2019, by the following vote: Yeas 134, Nays 2, 1 present, not |
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55 | | - | voting. |
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56 | | - | ______________________________ |
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57 | | - | Chief Clerk of the House |
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58 | | - | I certify that H.B. No. 1494 was passed by the Senate on May |
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59 | | - | 10, 2019, by the following vote: Yeas 31, Nays 0. |
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60 | | - | ______________________________ |
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61 | | - | Secretary of the Senate |
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62 | | - | APPROVED: _____________________ |
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63 | | - | Date |
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64 | | - | _____________________ |
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65 | | - | Governor |
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| 57 | + | * * * * * |
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