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