BILL ANALYSIS

 

 

Senate Research Center

H.B. 1241

82R7224 NC-D

By: Zedler (Harris)

 

Criminal Justice

 

5/16/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 1241 amends current law relating to surety bond requirements for reserve deputy constables.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 86.012, Local Government Code, by amending Subsection (c) and adding Subsection (c-1), as follows:

 

(c)  Requires a reserve deputy constable, except as provided by Subsection (c-1), to take the official oath and to execute a bond in the amount of $2,000, payable to the constable.  Requires that the oath and bond be filed with the county clerk of the county in which the appointment is made.  Requires that the oath and bond be given before the reserve deputy constable's entry on duty and simultaneously with the officer's appointment.

 

(c-1)  Authorizes a constable, if the constable appoints more than one reserve deputy constable, to execute a blanket surety bond to cover the reserve deputy constables.  Authorizes the county, instead of a reserve deputy constable executing an individual bond under Subsection (c) or the constable executing a blanket surety bond, to self-insure against losses that would have been covered by the bond.

 

SECTION 2.  Effective date:  upon passage or September 1, 2011.