S.B. No. 265
 
 
 
 
AN ACT
  relating to bond requirements for county officers and employees,
  district attorneys, and criminal district attorneys.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.002, Government Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Before assuming the duties of the office and except as
  provided by Subsection (c) or (d), a district attorney must give a
  bond that:
               (1)  is payable to the governor;
               (2)  is in the sum of $5,000;
               (3)  has two or more good and sufficient sureties;
               (4)  is approved by the district judge; and
               (5)  is conditioned that the district attorney will, in
  the manner prescribed by law, faithfully pay over all money that he
  collects or that comes into his hands for the state or a county.
         (d)  A district attorney is not required to execute the bond
  required under Subsection (a) and may perform the duties of office
  if the commissioners court of each county in the district by order
  authorizes the county to self-insure against losses that would have
  been covered by the bond.  An order adopted by a commissioners court
  under this subsection shall be kept and recorded by the county
  clerk.
         SECTION 2.  Section 44.002, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (b) or (c), a criminal
  district attorney must meet the qualifications and give the bond
  required of a district attorney by the constitution and general
  law.
         (c)  A criminal district attorney is not required to execute
  the bond required under Subsection (a) and may perform the duties of
  office if the commissioners court of the county the attorney serves
  by order authorizes the county to self-insure against losses that
  would have been covered by the bond.  An order adopted by a
  commissioners court under this subsection shall be kept and
  recorded by the county clerk.
         SECTION 3.  Chapter 88, Local Government Code, is amended by
  adding Section 88.008 to read as follows:
         Sec. 88.008.  SELF-INSURANCE INSTEAD OF BOND.  
  (a)  Notwithstanding any other law requiring a county officer or
  employee to execute a bond as a condition of office or employment, a
  county officer or employee is not required to execute the bond and
  may perform the duties of office or employment if:
               (1)  the commissioners court by order authorizes the
  county to self-insure against losses that would have been covered
  by the bond; and
               (2)  the county judge approves the order adopted under
  Subdivision (1), if the county judge was required to approve the
  bond under the other law.
         (b)  An order adopted by the commissioners court under
  Subsection (a) shall be kept and recorded by the county clerk.
         SECTION 4.  The heading to Chapter 88, Local Government
  Code, is amended to read as follows:
  CHAPTER 88.  OFFICIAL BONDS OF [CERTAIN] COUNTY OFFICERS AND
  EMPLOYEES
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 265 passed the Senate on
  March 13, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 8, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 265 passed the House, with
  amendment, on May 2, 2013, by the following vote: Yeas 146, Nays 1,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor