By: Hartnett (Senate Sponsor - Watson) H.B. No. 2967

(In the Senate - Received from the House April 16, 2007; April 17, 2007, read first time and referred to Committee on Jurisprudence; May 4, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 4, Nays 0; May 4, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 2967 By: Hinojosa

A BILL TO BE ENTITLED

AN ACT

relating to a performance bond required of a statutory probate court judge.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 25, Government Code, is amended by adding Section 25.00231 to read as follows:

Sec. 25.00231. BOND; INSURANCE. (a) This section controls over a specific provision for a particular court or county that attempts to create a requirement for a bond or insurance that conflicts with this section.

(b) Before beginning the duties of office, a judge of a statutory probate court must execute a bond that is:

(1) payable to the county treasurer or other person performing the duties of county treasurer;

(2) in the amount of $500,000;

(3) conditioned on the faithful performance of the duties of the office; and

(4) approved by the commissioners court.

(c) In lieu of the bond required by Subsection (b), a county may elect to obtain insurance in the amount required by Subsection (b) against losses caused by the statutory probate court judge's gross negligence in performing the duties of office.

(d) The commissioners court of a county shall pay the premium for the bond or insurance required by this section out of the general funds of the county.

SECTION 2. Sections 25.0173(e) and 25.1034(f), Government Code, are repealed.

SECTION 3. A judge of a statutory probate court who is serving on the effective date of this Act shall comply with the requirements of Section 25.00231, Government Code, as added by this Act, not later than November 1, 2007.

SECTION 4. This Act takes effect October 1, 2007.

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