BILL ANALYSIS Senate Research Center S.B. 387 89R4640 EAS-D By: Zaffirini Jurisprudence 3/24/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT When judges commit gross negligence by failing to monitor a guardian properly and cause serious loss to the guardianship estate, the damages are covered by a bond paid by the county. If the loss exceeds the bond, the judge could be held personally liable for the difference. Under current law, commissioners courts are required to execute a bond of at least $100,000 for counties with a population of 125,000 or fewer, or $250,000 for counties with a population of more than 125,000. Many county judges, however, are being sued or are about to be sued for failing to properly monitor these cases, and the loss to the guardianship estate is far greater than the bond provided for by the county. S.B. 387 would provide judges with greater protection from personal liability by increasing the bond amount to $500,000 regardless of county size. As proposed, S.B. 387 amends current law relating to bond requirements for certain judges. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 25.0006(a-1) and (a-4), Government Code, as follows: (a-1) Requires the judge of a statutory county, before beginning the duties of the office, to execute a bond that: (1) makes no changes to this subdivision; (2) is in the amount set by the commissioners court of: (A) makes no changes to this paragraph; (B) for a judge presiding in the court over certain proceedings, not less than $500,000, rather than $100,000 for a court in a county with a population of 125,000 or less or $250,000 for a court in a county with a population of more than 125,000; and (3) makes no changes to this subdivision. (a-4) Deletes existing text providing that Section 25.0006 (Bond; Removal) does not apply to a judge of a statutory county who does not preside over guardianship proceedings, as defined by Section 1002.015 (Guardianship Proceeding), Estates Code. Makes nonsubstantive changes. SECTION 2. Amends Section 26.001(a), Government Code, to make a conforming change. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 387
89R4640 EAS-D By: Zaffirini
Jurisprudence
3/24/2025
As Filed
Senate Research Center
S.B. 387
89R4640 EAS-D
By: Zaffirini
Jurisprudence
3/24/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
When judges commit gross negligence by failing to monitor a guardian properly and cause serious loss to the guardianship estate, the damages are covered by a bond paid by the county. If the loss exceeds the bond, the judge could be held personally liable for the difference. Under current law, commissioners courts are required to execute a bond of at least $100,000 for counties with a population of 125,000 or fewer, or $250,000 for counties with a population of more than 125,000. Many county judges, however, are being sued or are about to be sued for failing to properly monitor these cases, and the loss to the guardianship estate is far greater than the bond provided for by the county.
S.B. 387 would provide judges with greater protection from personal liability by increasing the bond amount to $500,000 regardless of county size.
As proposed, S.B. 387 amends current law relating to bond requirements for certain judges.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 25.0006(a-1) and (a-4), Government Code, as follows:
(a-1) Requires the judge of a statutory county, before beginning the duties of the office, to execute a bond that:
(1) makes no changes to this subdivision;
(2) is in the amount set by the commissioners court of:
(A) makes no changes to this paragraph;
(B) for a judge presiding in the court over certain proceedings, not less than $500,000, rather than $100,000 for a court in a county with a population of 125,000 or less or $250,000 for a court in a county with a population of more than 125,000; and
(3) makes no changes to this subdivision.
(a-4) Deletes existing text providing that Section 25.0006 (Bond; Removal) does not apply to a judge of a statutory county who does not preside over guardianship proceedings, as defined by Section 1002.015 (Guardianship Proceeding), Estates Code. Makes nonsubstantive changes.
SECTION 2. Amends Section 26.001(a), Government Code, to make a conforming change.
SECTION 3. Effective date: September 1, 2025.