| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to surety bonds for deputy clerks and other employees of |
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| 12 | 8 | | county and district clerks. |
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| 13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 10 | | SECTION 1. The heading to Section 51.309, Government Code, |
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| 15 | 11 | | is amended to read as follows: |
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| 16 | 12 | | Sec. 51.309. DEPUTY CLERKS AND OTHER EMPLOYEES [CLERK]. |
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| 17 | 13 | | SECTION 2. Section 51.309, Government Code, is amended by |
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| 18 | 14 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 19 | 15 | | follows: |
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| 20 | 16 | | (b) Except as provided by Subsection (c), the district clerk |
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| 21 | 17 | | shall obtain one or more [a] surety bonds in accordance with this |
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| 22 | 18 | | section [bond] to cover each [a] deputy clerk or other employee. |
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| 23 | 19 | | The district clerk shall obtain: |
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| 24 | 20 | | (1) an individual bond for each deputy clerk and other |
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| 25 | 21 | | employee in an amount for each bond that is equal to the district |
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| 26 | 22 | | clerk's bond; or |
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| 27 | 23 | | (2) a schedule surety bond or a blanket surety bond to |
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| 28 | 24 | | cover all deputy clerks [more than one deputy] and all other |
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| 29 | 25 | | employees in a total amount that is equal to the district clerk's |
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| 30 | 26 | | bond [of the office]. |
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| 31 | 27 | | (b-1) A deputy clerk and an employee must be covered by a |
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| 32 | 28 | | surety bond on the same conditions [and in the same amount] as the |
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| 33 | 29 | | district clerk. A [The] bond covering a deputy clerk or other |
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| 34 | 30 | | employee [the deputies and employees] shall be made payable to the |
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| 35 | 31 | | governor for the use and benefit of the district clerk. |
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| 36 | 32 | | SECTION 3. Sections 82.002(a) and (c), Local Government |
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| 37 | 33 | | Code, are amended to read as follows: |
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| 38 | 34 | | (a) Except as provided by Subsection (b), [If] the county |
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| 39 | 35 | | clerk [has only a single deputy clerk, the county clerk] shall |
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| 40 | 36 | | execute one or more [a] surety bonds in accordance with this section |
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| 41 | 37 | | [bond] to cover each [the] deputy clerk or other employee. The |
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| 42 | 38 | | county clerk shall execute: |
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| 43 | 39 | | (1) an individual bond for each deputy clerk and other |
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| 44 | 40 | | employee in an amount for each bond that is equal to the county |
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| 45 | 41 | | clerk's bond; or |
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| 46 | 42 | | (2) a schedule surety bond or a blanket surety bond to |
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| 47 | 43 | | cover all [the] deputy clerks[, if there is more than one,] and all |
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| 48 | 44 | | other employees in a total amount that is equal to the county |
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| 49 | 45 | | clerk's bond [of the office]. |
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| 50 | 46 | | (c) A [The] bond covering a deputy clerk or other [an] |
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| 51 | 47 | | employee must be conditioned in the same manner as the county |
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| 52 | 48 | | clerk's bond [and must be for the same amount as the bond for the |
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| 53 | 49 | | county clerk]. A [The] bond covering a deputy clerk or other |
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| 54 | 50 | | employee must be made payable to the county for the use and benefit |
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| 55 | 51 | | of the county clerk. |
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| 56 | 52 | | SECTION 4. This Act takes effect September 1, 2019. |
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