| 1 | 1 | | By: Zaffirini S.B. No. 25 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to bond requirements for certain judges. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Sections 25.0006(a-1) and (a-4), Government |
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| 9 | 9 | | Code, are amended to read as follows: |
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| 10 | 10 | | (a-1) Before beginning the duties of the office, the judge |
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| 11 | 11 | | of a statutory county court must execute a bond that: |
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| 12 | 12 | | (1) is payable to the treasurer of the county; |
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| 13 | 13 | | (2) is in the amount set by the commissioners court of: |
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| 14 | 14 | | (A) subject to Paragraph (B), not less than |
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| 15 | 15 | | $1,000 nor more than $10,000; or |
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| 16 | 16 | | (B) for a judge presiding in the court over |
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| 17 | 17 | | guardianship proceedings, as defined by Section 1002.015, Estates |
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| 18 | 18 | | Code, or over probate proceedings, as defined by Section 22.029, |
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| 19 | 19 | | Estates Code, not less than $500,000[: |
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| 20 | 20 | | [(i) $100,000 for a court in a county with a |
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| 21 | 21 | | population of 125,000 or less; or |
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| 22 | 22 | | [(ii) $250,000 for a court in a county with |
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| 23 | 23 | | a population of more than 125,000]; and |
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| 24 | 24 | | (3) is conditioned that the judge will: |
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| 25 | 25 | | (A) faithfully perform all duties of office; and |
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| 26 | 26 | | (B) for a judge presiding in the court over |
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| 27 | 27 | | guardianship or probate proceedings, perform the duties required by |
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| 28 | 28 | | the Estates Code. |
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| 29 | 29 | | (a-4) This section does not apply to: |
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| 30 | 30 | | (1) [a judge of a statutory county court who does not |
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| 31 | 31 | | preside over guardianship proceedings, as defined by Section |
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| 32 | 32 | | 1002.015, Estates Code; |
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| 33 | 33 | | [(2)] a judge of a statutory probate court who |
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| 34 | 34 | | executes a bond, obtains insurance, or self-insures pursuant to |
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| 35 | 35 | | Section 25.00231; or |
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| 36 | 36 | | (2) [(3)] a judge who presides over a county criminal |
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| 37 | 37 | | court. |
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| 38 | 38 | | SECTION 2. Section 26.001(a), Government Code, is amended |
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| 39 | 39 | | to read as follows: |
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| 40 | 40 | | (a) Before beginning the duties of the office, the county |
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| 41 | 41 | | judge must execute a bond that: |
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| 42 | 42 | | (1) is payable to the treasurer of the county; |
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| 43 | 43 | | (2) is in the amount set by the commissioners court of: |
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| 44 | 44 | | (A) subject to Paragraph (B), not less than |
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| 45 | 45 | | $1,000 nor more than $10,000; or |
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| 46 | 46 | | (B) for a county judge presiding in the county |
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| 47 | 47 | | court over guardianship proceedings, as defined by Section |
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| 48 | 48 | | 1002.015, Estates Code, or over probate proceedings, as defined by |
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| 49 | 49 | | Section 22.029, Estates Code, not less than $500,000[: |
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| 50 | 50 | | [(i) $100,000 for a court in a county with a |
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| 51 | 51 | | population of 125,000 or less; or |
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| 52 | 52 | | [(ii) $250,000 for a court in a county with |
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| 53 | 53 | | a population of more than 125,000]; and |
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| 54 | 54 | | (3) is conditioned that the judge will: |
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| 55 | 55 | | (A) faithfully perform all duties of office; and |
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| 56 | 56 | | (B) for a county judge presiding in the county |
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| 57 | 57 | | court over guardianship or probate proceedings, perform the duties |
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| 58 | 58 | | required by the Estates Code. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2023. |
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