1-1 AN ACT
1-2 relating to the requirements for insurance coverage for district
1-3 clerks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 51.302(c), (d), (e), and (f), Government
1-6 Code, are amended to read as follows:
1-7 (c) Each district clerk shall obtain an insurance policy or
1-8 similar coverage from a governmental pool operating under Chapter
1-9 119, Local Government Code, or from a self-insurance fund or risk
1-10 retention group created by one or more governmental units under
1-11 Chapter 1084, Acts of the 70th Legislature, Regular Session, 1987
1-12 (Article 715c, Vernon's Texas Civil Statutes), to cover the
1-13 district clerk and any deputy clerk against liabilities incurred
1-14 through errors or omissions in the performance of official duties.
1-15 The amount of the policy or other coverage document must be [in an
1-16 amount] equal to the maximum amount of fees collected in any year
1-17 during the term of office immediately preceding the term for which
1-18 the insurance is obtained, except that the amount of the policy or
1-19 other coverage document must be at least $20,000 but not [may not
1-20 be for less than $10,000 nor] more than $700,000. If the policy
1-21 or other coverage document provides coverage for other county
1-22 officials, the amount of the policy must be at least $1 million.
1-23 (d) Each district clerk shall obtain an insurance policy or
1-24 similar coverage from a governmental pool operating under Chapter
2-1 119, Local Government Code, or from a self-insurance fund or risk
2-2 retention group created by one or more governmental units under
2-3 Chapter 1084, Acts of the 70th Legislature, Regular Session, 1987
2-4 (Article 715c, Vernon's Texas Civil Statutes), to cover losses from
2-5 burglary, theft, robbery, counterfeit currency, or destruction.
2-6 The amount of the policy or other coverage document must be at
2-7 least $20,000 but not more than $700,000.
2-8 (e) The commissioners court may establish a contingency fund
2-9 to provide the coverage required by Subsection (c) or (d) if it is
2-10 determined by the district clerk that insurance coverage is
2-11 unavailable at a reasonable cost. The commissioners court may set
2-12 an additional filing fee in an amount not to exceed $5 for each
2-13 suit filed to be collected by the district clerk. The fee shall be
2-14 paid into the fund. When the contingency fund reaches an amount
2-15 equal to that required by Subsection (c) or (d), the clerk shall
2-16 stop collecting the additional fee.
2-17 [(e) Each district clerk shall obtain an insurance policy to
2-18 cover losses due to burglary, theft, robbery, counterfeit currency,
2-19 or destruction. The amount of the policy may not exceed $20,000.]
2-20 (f) The commissioners court shall pay the premiums on the
2-21 bonds and insurance policies or other similar coverage required
2-22 under this section from the county general fund.
2-23 SECTION 2. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended,
3-1 and that this Act take effect and be in force from and after its
3-2 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3207 was passed by the House on April
30, 1999, by the following vote: Yeas 138, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3207 on May 26, 1999, by the following vote: Yeas 137, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3207 was passed by the Senate, with
amendments, on May 20, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor