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H.B. No. 2376
AN ACT
relating to the correction or removal from the statutes of obsolete
references regarding the surety bonds of state officers and
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.007(b), Agriculture Code, is amended
to read as follows:
(b) The deputy commissioner shall take the oath of office
required of the commissioner [and shall execute a bond with two or
more sureties in the amount of $3,000 payable to the state and
conditioned on the faithful performance of the duties of the
office. The bond is subject to approval by the governor].
SECTION 2. Section 5.11, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.11. ADMINISTRATOR. The commission shall appoint an
administrator to serve at its will and, subject to its supervision,
administer this code. Unless the commission orders otherwise, the
administrator shall be manager, secretary, and custodian of all
records. The administrator shall devote his entire time to the
office and shall receive a salary as appropriated by the
legislature. [The administrator shall execute a bond in the sum of
$10,000, payable to the state, and conditioned as the commission
requires.]
SECTION 3. Section 5.13, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.13. ASSISTANT ADMINISTRATOR. The administrator
shall appoint an assistant administrator. The assistant
administrator must meet the same qualifications as the
administrator. The assistant administrator shall take the
constitutional oath of office [and make a bond in the same amount
and on the same conditions as the administrator's bond]. In the
absence of the administrator, or in case of his inability to act,
the assistant administrator shall perform the duties conferred on
the administrator by law or delegated to the administrator by the
commission. If there is a vacancy in the office of administrator,
the assistant administrator shall perform the duties of the
administrator until an administrator has been appointed by the
commission. At other times he shall perform those duties and have
those functions, powers, and authority as may be delegated to him by
the administrator.
SECTION 4. Section 5.14, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 5.14. INSPECTORS AND REPRESENTATIVES. The commission
or administrator may commission as many inspectors and
representatives as are necessary to enforce this code and other
laws administered by the commission. Each inspector and
representative shall take the constitutional oath of office, which
shall be filed in the office of the commission. Each commissioned
inspector and representative has all the powers of a peace officer
coextensive with the boundaries of the state. [Each commissioned
inspector and representative shall make and execute a bond as
required by the commission.]
SECTION 5. Section 51.203(d), Education Code, is amended to
read as follows:
(d) Any officer assigned to duty and commissioned shall take
and file the oath required of peace officers[, and shall execute and
file a good and sufficient bond in the sum of $1,000, payable to the
governor and his successors in office, with two or more good and
sufficient sureties, conditioned that he will fairly, impartially,
and faithfully perform all the duties that may be required of him by
law. The bond may be sued on from time to time in the name of any
person injured until the whole amount of the bond is recovered].
SECTION 6. Section 88.103, Education Code, is amended to
read as follows:
Sec. 88.103. ENFORCEMENT; APPOINTMENT OF PEACE OFFICERS.
The director may appoint not to exceed 25 employees of the Texas
Forest Service who are certified by the Commission on Law
Enforcement Officer Standards and Education as qualified to be
peace officers to serve as peace officers under his direction in
executing the enforcement duties of that agency. The appointments
must be approved by the board which shall commission the appointees
as peace officers. Any officer commissioned under this section is
vested with all the powers, privileges, and immunities of peace
officers in the performance of his duties. The officer shall take
the oath required of peace officers [and shall execute a good and
sufficient bond in the sum of $5,000, payable to the governor and
his successors in office, with two or more good and sufficient
personal sureties or with one corporate surety authorized to do
business in Texas, conditioned that he will fairly, impartially,
and faithfully perform all the duties that may be required of him by
law. The bond may be sued on in the name of any person injured until
the whole amount of the bond is recovered].
SECTION 7. Section 14.054, Finance Code, is amended to read
as follows:
Sec. 14.054. OATH OF OFFICE [; BOND]. [(a)] Before assuming
the duties of office, the commissioner and each assistant
commissioner, examiner, and other employee of the office must take
an oath of office [and post a fidelity bond.
[(b) The bond must be:
[(1) in the amount of $10,000;
[(2) payable to the finance commission or its
successor in office;
[(3) in an individual, schedule, or blanket form
approved by the finance commission; and
[(4) executed by a surety appearing on the list of
approved sureties acceptable to the finance commission].
SECTION 8. Section 15.306, Finance Code, is amended to read
as follows:
Sec. 15.306. OATH[; BOND]. [(a)] Before assuming the
duties of office, the commissioner, the deputy commissioner, each
examiner, and each other officer or employee of the commission
must[:
[(1)] take an oath of office approved by the
commission[; and
[(2) post a fidelity bond in the amount of $10,000.
[(b) The bond must:
[(1) be payable to the governor;
[(2) be in individual, schedule, or blanket form
approved by the commission; and
[(3) be executed by a surety appearing on the list of
approved sureties acceptable to the federal government.
[(c) Premiums for the bond are paid from the money of the
department].
SECTION 9. Section 403.002(b), Government Code, is amended
to read as follows:
(b) If the comptroller intentionally neglects or refuses to
perform a duty of the office of comptroller, the comptroller is
liable to the state for a penalty of not less than $100 nor more than
$1,000 for each day of the neglect or refusal. [The surety company
executing the comptroller's bond is jointly and separately liable
for this penalty.]
SECTION 10. Section 403.003(b), Government Code, is amended
to read as follows:
(b) The chief clerk shall take the official oath [and give
bond in the amount of $70,000, payable in the same manner as the
comptroller's bond, and conditioned on the faithful performance of
the duties of the office].
SECTION 11. Section 403.008, Government Code, is amended to
read as follows:
Sec. 403.008. BONDS AND EMPLOYEES. (a) The [In addition to
other bonds required by this chapter, the] comptroller shall give
any special bond required by an Act of Congress or a federal
department or official to protect federal funds deposited with the
comptroller. The state shall pay the expenses necessary and
incidental to the execution of the bond.
(b) The comptroller shall appoint other employees that are
authorized by law. [Employees who as part of their duties handle
money, drafts, checks, bills of exchange, warrants, securities, or
other evidences of debt that are or may be convertible into money or
other valuable property shall execute a bond that is issued by a
good and solvent surety company authorized to do business in this
state, payable to the comptroller in the sum that the comptroller
requires, and conditioned on the faithful performance of the duties
of the employee's position.] The comptroller [also] may require an
employee to be insured in the manner and sum required by the
comptroller.
(c) The state shall pay any expense incident to the
execution of a bond authorized under Chapter 653 [the bonds] and any
insurance of the chief clerk and other employees.
SECTION 12. Section 403.114(a), Government Code, is amended
to read as follows:
(a) The comptroller shall appoint a bond clerk. Before
taking office the bond clerk shall take the official oath [and give
bond in the amount of $10,000, payable to the comptroller, and
conditioned on the faithful performance of the bond clerk's
duties]. The bond clerk serves at the pleasure of the comptroller.
SECTION 13. Section 404.043, Government Code, is amended to
read as follows:
Sec. 404.043. SECURITY OFFICERS. The comptroller may
employ security officers to provide needed security services for
the treasury and may commission the officers as peace officers.
[The security officers shall give bond in the same manner required
for employees of the comptroller who handle money or other valuable
property as part of their duties.]
SECTION 14. Section 406.006, Government Code, is amended to
read as follows:
Sec. 406.006. QUALIFICATION. An individual qualifies by:
(1) properly completing the application form;
(2) executing the statement;
(3) providing the bond, if required;
(4) paying the required filing fees; and
(5) meeting the eligibility requirements.
SECTION 15. Section 406.007(a), Government Code, is amended
to read as follows:
(a) The applicant must submit to the secretary of state:
(1) a fee of $10 for approving and filing the bond of
the notary public, if required; and
(2) a fee of $1 to be appropriated to and used by the
secretary of state only for hiring an investigator and for
preparing and distributing the materials required to be distributed
under Section 406.008.
SECTION 16. Section 406.010, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) Subsections (a) and (b) do not apply to a person whose
services as a notary public are performed primarily as a state
officer or employee.
SECTION 17. Section 441.003(b), Government Code, is amended
to read as follows:
(b) The assistant state librarian has the rank of a
department head. In the absence of the director and librarian, the
assistant may sign and certify accounts and documents in the same
manner and with the same legal authority as the director and
librarian. The assistant [shall give bond to the governor in the
sum of $3,000 and] shall take the official oath.
SECTION 18. Section 481.005(b), Government Code, is amended
to read as follows:
(b) [The executive director shall execute a bond payable to
the state in an amount set by the members of the governing board
conditioned on the faithful performance of the duties of the
position. Premiums for the bond are payable from appropriations to
the department.] The executive director must have demonstrated
experience in the areas of economic development or tourism and
executive and organizational ability.
SECTION 19. Article 1.18, Insurance Code, is amended to
read as follows:
Art. 1.18. OATH [AND BOND] OF EXAMINERS AND ASSISTANTS[;
ACTION ON BOND FOR FALSE REPORTS]. Each examiner and assistant
examiner, before entering upon the duties of his appointment shall
take and file in the office of the Secretary of State an oath to
support the Constitution of this State, to faithfully demean
himself in office, to make fair and impartial examinations, and
that he will not accept as presents or emoluments any pay, directly
or indirectly, for the discharge of his duty, other than the
remuneration fixed and accorded to him by law; and that he will not
reveal the condition of, nor any information secured in the course
of any examination of any corporation, firm or person examined by
him, to anyone except the Members of the State Board of Insurance,
or their authorized representative, or when required as witness in
an administrative hearing before the Board or the Commissioner or
in Court.
[Every such examiner shall enter into a bond payable to the
State in the sum of Ten Thousand Dollars ($10,000) and every
assistant examiner shall enter into a bond in the sum of Five
Thousand Dollars ($5,000), to be approved by the State Board of
Insurance and deposited in the office of the State Comptroller,
conditioned that he will faithfully perform his duties as such
examiner.]
In case any such examiner or assistant examiner shall
knowingly make any false report or give any information in
violation of law relative to any such examination of any
corporation, firm or person so examined, any such corporation, firm
or person shall have a right of action on a bond authorized under
Chapter 653, Government Code, [such bond] for his injuries in a suit
brought in the name of the State at the relation of the injured
party.
SECTION 20. Section 31.014, Natural Resources Code, is
amended to read as follows:
Sec. 31.014. COMMISSIONER'S LIABILITY. The commissioner
and a surety on a bond authorized under Chapter 653, Government
Code, [the sureties on his official bond] are responsible to any
person who is injured by removal, withdrawal, or alteration of any
record or file in the land office, unless the commissioner is able
to show that the act has taken place with the permission of the
person owning the file or record.
SECTION 21. Section 31.015(a), Natural Resources Code, is
amended to read as follows:
(a) The commissioner shall appoint a chief clerk[, who shall
execute a bond for $20,000].
SECTION 22. Section 31.018(b), Natural Resources Code, is
amended to read as follows:
(b) The translator shall [execute a bond in the amount
required for the chief clerk and shall] take the official oath.
SECTION 23. Section 31.062(c), Natural Resources Code, is
amended to read as follows:
(c) If the suspended clerk is found guilty of embezzlement,
the clerk [he] shall be removed from office and a suit shall be
instituted to recover on a [his] bond authorized under Chapter 653,
Government Code.
SECTION 24. Section 201.160, Occupations Code, is amended
to read as follows:
Sec. 201.160. PAYMENT OF [BONDS AND] OTHER EXPENSES. The
board shall pay the [following expenses:
[(1) the premium of a bond required by the board of an
officer or employee of the board; and
[(2) the] necessary expenses of an employee of the
board incurred in the performance of the employee's duties.
SECTION 25. The heading for Section 801.102, Occupations
Code, is amended to read as follows:
Sec. 801.102. CERTAIN DUTIES OF EXECUTIVE DIRECTOR [;
SURETY BOND].
SECTION 26. The heading for Section 1071.101, Occupations
Code, as effective June 1, 2003, is amended to read as follows:
Sec. 1071.101. EXECUTIVE DIRECTOR[; BOND].
SECTION 27. Section 1101.054, Occupations Code, as
effective June 1, 2003, is amended to read as follows:
Sec. 1101.054. OFFICIAL OATH[; BOND]. Not later than the
15th day after the date of appointment, each appointee must[:
[(1)] take the constitutional oath of office[; and
[(2) execute a bond payable to the governor in the
amount of $10,000, conditioned on the faithful performance of the
member's duties].
SECTION 28. The heading for Section 1601.102, Occupations
Code, is amended to read as follows:
Sec. 1601.102. EXECUTIVE DIRECTOR POWERS AND DUTIES [;
SURETY BOND].
SECTION 29. Section 11.01(a), Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes), is amended to read as
follows:
(a) The commission shall adopt rules to regulate wagering on
greyhound races and horse races under the system known as
pari-mutuel wagering. Wagering may be conducted only by an
association within its enclosure. The commission may commission as
many investigators as the commission determines necessary to
enforce this Act and the rules of the commission. Each investigator
shall take the constitutional oath of office and file it with the
commission. Each commissioned investigator has the powers of a
peace officer[, and shall make and execute a bond as required by the
commission].
SECTION 30. Section 5(a), The Real Estate License Act
(Article 6573a, Vernon's Texas Civil Statutes), is amended to read
as follows:
(a) The administration of the provisions of this Act is
vested in a commission, to be known as the "Texas Real Estate
Commission," consisting of nine members to be appointed by the
governor with the advice and consent of two-thirds of the senate
present. The commissioners hold office for staggered terms of six
years with the terms of three members expiring January 31 of each
odd-numbered year. Each member holds office until the member's
successor is appointed and has qualified. Within 15 days after
appointment, each member shall qualify by taking the constitutional
oath of office [and furnishing a bond payable to the Governor of
Texas in the penal sum of $10,000, conditional on the faithful
performance of the member's duties as prescribed by law]. A vacancy
for any cause shall be filled by the governor for the unexpired
term. The governor shall designate as chairperson of the
commission one member of the commission who is a licensed real
estate broker. The chairperson serves in that capacity at the
pleasure of the governor. At a regular meeting in February of each
year, the commission shall elect from its own membership a
vice-chairperson and secretary. A quorum of the commission
consists of five members.
SECTION 31. The following laws are repealed:
(1) Section 11.006, Agriculture Code;
(2) Section 58.012(d), Agriculture Code;
(3) Section 201.019(c), Agriculture Code;
(4) Section 5.10(e), Alcoholic Beverage Code;
(5) Section 5.142(c), Alcoholic Beverage Code;
(6) Section 51.001(c), Government Code;
(7) Section 51.201(c), Government Code;
(8) Section 81.029(f), Government Code;
(9) Section 403.002(a), Government Code;
(10) Section 403.009, Government Code;
(11) Section 403.247(f), Government Code;
(12) Section 405.003, Government Code;
(13) Section 431.024, Government Code;
(14) Section 441.002(e), Government Code;
(15) Section 441.182(h), Government Code;
(16) Section 494.006, Government Code;
(17) Section 815.209, Government Code;
(18) Section 825.209, Government Code;
(19) Section 840.208, Government Code;
(20) Section 845.209, Government Code;
(21) Section 855.208, Government Code;
(22) Sections 2103.064(b), (c), and (d), Government
Code;
(23) Section 2152.102, Government Code;
(24) Section 2306.029, Government Code;
(25) Section 402.024(b), Health and Safety Code;
(26) Section 31.025, Insurance Code;
(27) Section 31.013, Natural Resources Code;
(28) Section 31.017(b), Natural Resources Code;
(29) Section 161.012, Natural Resources Code;
(30) Section 152.053, Occupations Code;
(31) Section 201.055(c), Occupations Code;
(32) Section 253.002, Occupations Code;
(33) Section 301.102, Occupations Code;
(34) Section 302.057(d), Occupations Code;
(35) Section 351.102, Occupations Code;
(36) Section 451.055(b), Occupations Code;
(37) Section 554.008, Occupations Code;
(38) Section 651.101(b), Occupations Code;
(39) Section 801.102(b), Occupations Code;
(40) Section 1001.109(a), Occupations Code, as
effective June 1, 2003;
(41) Sections 1051.107(d) and (e), Occupations Code,
as effective June 1, 2003;
(42) Section 1071.101(b), Occupations Code, as
effective June 1, 2003;
(43) Section 1601.102(b), Occupations Code;
(44) Sections 321.501(b) and (c), Tax Code;
(45) Sections 323.501(b), (c), and (d), Tax Code;
(46) Section 201.055, Transportation Code;
(47) Section 201.301(c), Transportation Code; and
(48) Subsection I, Section 2, The Securities Act
(Article 581-2, Vernon's Texas Civil Statutes).
SECTION 32. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2376 was passed by the House on April
25, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2376 was passed by the Senate on May
28, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor