BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2967

                                                                                                                                        By: Hartnett

                                                                                                                                              Judiciary

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Misfeasance or malfeasance by a statutory probate judge could in some circumstances cause significant financial losses. The purpose of this bill is to require a performance bond or insurance relating to statutory probate judges.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill would amend the Government Code by adding a new section providing that a statutory probate judge must, at county expense, execute a bond in the amount of $500,000 payable to the county treasurer. The act also provides that a county may elect to obtain insurance in the same amount in lieu of the bond against losses caused by the judge's gross negligence in performing his duties.

 

EFFECTIVE DATE

 

October 1, 2007