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AN ACT
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relating to the use of a county risk management pool by certain |
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county and district officers instead of the execution of bonds and |
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to the authority of certain counties and intergovernmental pools to |
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require reimbursement for punitive damage coverage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 81, Local Government Code, |
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is amended by adding Section 81.025 to read as follows: |
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Sec. 81.025. COUNTY RISK MANAGEMENT POOL COVERAGE INSTEAD |
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OF BONDS. (a) Instead of a bond required by law to be executed by a |
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county officer before taking office, the commissioners court may |
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authorize the officer to obtain coverage from a county government |
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risk management pool created under Chapter 119. |
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(b) Coverage obtained under this section must: |
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(1) be in an amount that is at least equal to the |
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amount of the bond that would otherwise be required by law; |
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(2) satisfy all other conditions applicable to the |
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bond; and |
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(3) be approved, recorded, and filed in the manner |
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required by law for the bond. |
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(c) An officer who obtains coverage instead of a bond under |
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this section satisfies the bond requirements that are imposed on |
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the individual by other law. |
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(d) To the extent of a conflict between this section and |
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other law, this section controls. |
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(e) This section does not apply to coverage obtained under |
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Section 43.002 or 44.002, Government Code. |
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SECTION 2. Subchapter Z, Chapter 157, Local Government |
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Code, is amended by adding Section 157.9031 to read as follows: |
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Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR |
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CERTAIN COVERAGE. A self-insuring county or the intergovernmental |
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pool operating under Chapter 119, under policies concerning the |
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provision of coverages adopted by the county's commissioners court |
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or the pool's governing body, may require reimbursement for the |
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provision of punitive damage coverage from a person to whom the |
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county or intergovernmental pool provides coverage. |
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SECTION 3. Section 43.002, Government Code, is amended to |
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read as follows: |
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Sec. 43.002. BOND; COUNTY RISK MANAGEMENT POOL. |
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(a) Before assuming the duties of the office and except as |
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provided by Subsection (c), a district attorney must give a bond |
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that: |
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(1) is payable to the governor; |
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(2) is in the sum of $5,000; |
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(3) has two or more good and sufficient sureties; |
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(4) is approved by the district judge; and |
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(5) is conditioned that the district attorney will, in |
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the manner prescribed by law, faithfully pay over all money that he |
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collects or that comes into his hands for the state or a county. |
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(b) Except as provided by Subsection (c), each [Each] |
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district attorney's bond shall be deposited in the office of the |
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comptroller of public accounts. |
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(c) Instead of the bond required under Subsection (a), a |
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district attorney may obtain coverage from a county government risk |
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management pool created under Chapter 119, Local Government Code. |
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Coverage obtained under the pool must be in the same amount and |
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satisfy the same bond conditions otherwise required by this |
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section. |
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SECTION 4. Section 44.002, Government Code, is amended to |
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read as follows: |
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Sec. 44.002. QUALIFICATIONS; BOND; COUNTY RISK MANAGEMENT |
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POOL. (a) Except as provided by Subsection (b), a [A] criminal |
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district attorney must meet the qualifications and give the bond |
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required of a district attorney by the constitution and general |
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law. |
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(b) Instead of the bond required under Subsection (a), a |
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criminal district attorney may obtain coverage from a county |
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government risk management pool created under Chapter 119, Local |
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Government Code. Coverage obtained under the pool must be in the |
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same amount and satisfy the same bond conditions otherwise required |
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by this section. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1243 passed the Senate on |
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April 21, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1243 passed the House on |
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May 19, 2011, by the following vote: Yeas 148, Nays 0, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |