BILL ANALYSIS

 

 

Senate Research Center

H.B. 2272

84R11002 NC-D

By: Raney (Schwertner)

 

Criminal Justice

 

4/30/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, a reserve deputy sheriff, before beginning to perform the duties of office, must file a bond of $2,000 payable to the sheriff. While constables have the ability to execute a blanket surety bond to cover their reserve officers, sheriffs are not permitted to do so. These parties have long held that this inequity in the law unnecessarily limits a sheriff's ability to cover reserve deputies.

 

H.B. 2272 seeks to address this issue by giving a sheriff the authority to execute a blanket surety statement to cover reserve deputy sheriffs. In any event, the county will also be given the option to self-insure against losses instead of requiring a reserve deputy sheriff to execute an individual bond or requiring a sheriff to execute a blanket security bond.

 

H.B. 2272 amends current law relating to surety bond requirements for reserve deputy sheriffs.

 

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 85.004, Local Government Code, by amending Subsection (c) and adding Subsection (c-1), as follows:

 

(c) Requires a reserve deputy, before beginning to perform the duties of office and at the time of appointment, except as provided by Subsection (c-1), to file an oath and execute and file a bond in the amount of $2,000 payable to the sheriff. Makes a nonsubstantive change.

 

(c-1) Authorizes the sheriff, if a sheriff appoints more than one reserve deputy sheriff, to execute a blanket surety bond to cover the reserve deputy sheriffs. Authorizes the county, instead of a reserve deputy sheriff executing an individual bond under Subsection (c) or the sheriff 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, 2015.