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