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A BILL TO BE ENTITLED
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AN ACT
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relating to the bond required and the bond insurance obtained for |
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certain judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0006, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
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and (a-4) to read as follows: |
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(a) Notwithstanding any other law except Subsection (a-4), |
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Subsections (a-1), (a-2), and (a-3) control over a specific |
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provision for a particular court or county that attempts to create a |
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requirement for a bond or insurance that conflicts with those |
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subsections. |
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(a-1) Before beginning the duties of the office, the [The] |
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judge of a statutory county court must execute a bond that: |
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(1) is payable to the treasurer of the county; |
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(2) is in the amount set by the commissioners court of: |
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(A) subject to Paragraph (B), not less than |
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$1,000 nor more than $10,000; or |
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(B) for a judge presiding in the court over |
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guardianship proceedings, as defined by Section 1002.015, Estates |
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Code, or over probate proceedings, as defined by Section 22.029, |
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Estates Code, not less than: |
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(i) $100,000 for a court in a county with a |
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population of 125,000 or less; or |
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(ii) $250,000 for a court in a county with a |
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population of more than 125,000; and |
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(3) is conditioned that the judge will: |
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(A) faithfully perform all duties of office; and |
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(B) for a judge presiding in the court over |
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guardianship or probate proceedings, perform the duties required by |
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the Estates Code [as prescribed by law for county judges]. |
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(a-2) The bond executed as required by Subsection (a-1) must |
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be approved by the commissioners court. |
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(a-3) In lieu of the bond required by Subsection |
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(a-1)(2)(B), a county may elect to obtain insurance against losses |
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caused by the gross negligence of a judge of a statutory county |
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court in performing the duties of office. The commissioners court |
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of a county shall pay the premium for the insurance out of the |
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general funds of the county. |
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(a-4) This section does not apply to: |
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(1) a judge of a statutory county court who does not |
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preside over guardianship proceedings, as defined by Section |
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1002.015, Estates Code; |
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(2) a judge of a statutory probate court who executes a |
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bond, obtains insurance, or self-insures pursuant to Section |
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25.00231; or |
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(3) a judge who presides over a county criminal court. |
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SECTION 2. Section 26.001, Government Code, is amended to |
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read as follows: |
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Sec. 26.001. BOND. (a) Before beginning [entering] the |
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duties of the office, the county judge must execute a bond that: |
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(1) is payable to the treasurer of the county; |
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(2) is in the amount set by the commissioners court of: |
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(A) subject to Paragraph (B), not less than |
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$1,000 nor more than $10,000; or |
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(B) for a county judge presiding in the county |
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court over guardianship proceedings, as defined by Section |
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1002.015, Estates Code, or over probate proceedings, as defined by |
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Section 22.029, Estates Code, not less than: |
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(i) $100,000 for a court in a county with a |
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population of 125,000 or less; or |
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(ii) $250,000 for a court in a county with a |
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population of more than 125,000; and |
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(3) is conditioned that the judge will: |
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(A) faithfully perform all duties of office [pay
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all money that comes into his hands as county judge to the person or
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officer entitled to it]; and |
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(B) for a county judge presiding in the county |
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court over guardianship or probate proceedings, perform the duties |
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required by the Estates Code [pay to the county all money illegally
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paid to the judge out of county funds; and
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[(C)
not vote or consent to pay out county funds
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for other than lawful purposes]. |
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(b) The bond executed as required by Subsection (a) must be |
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approved by the commissioners court. |
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(c) In lieu of the bond required by Subsection (a)(2)(B), a |
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county may elect to obtain insurance against losses caused by the |
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gross negligence of a county judge in performing the duties of |
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office. The commissioners court of a county shall pay the premium |
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for the insurance out of the general funds of the county. |
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SECTION 3. A judge of a statutory county court, a statutory |
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probate court, or a constitutional county court who is serving on |
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the effective date of this Act shall comply with the requirements of |
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Section 25.0006 or 26.001, Government Code, as amended by this Act, |
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as applicable, not later than November 1, 2017. |
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SECTION 4. This Act takes effect September 1, 2017. |