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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), and |
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(a-3) to read as follows: |
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(a) Notwithstanding any other law, Subsections (a-1), |
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(a-2), and (a-3) control over a specific provision for a particular |
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court or county that attempts to create a requirement for a bond or |
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insurance that conflicts with those 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 who presides in the court over |
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guardianship proceedings, as defined by Section 1002.015, Estates |
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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) pay all money that comes into the judge's |
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hands as judge to the person or officer entitled to it; |
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(B) pay to the county all money illegally paid to |
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the judge out of county funds; |
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(C) not vote or consent to pay out county funds |
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for other than lawful purposes; and |
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(D) for a judge who presides 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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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 entering the duties of the |
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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, 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) pay all money that comes into the judge's |
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[his] hands as county judge to the person or officer entitled to it; |
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(B) pay to the county all money illegally paid to |
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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; and |
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(D) 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. |
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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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county judge's gross negligence in performing the duties of office. |
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The commissioners court of a county shall pay the premium for the |
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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. |