S.B. No. 40

	AN ACT
	relating to the bond required and the bond insurance obtained for
	certain judges.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 25.0006, Government Code, is amended by
	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
	and (a-4) to read as follows:
	(a)  Notwithstanding any other law except Subsection (a-4),
	Subsections (a-1), (a-2), and (a-3) control over a specific
	provision for a particular court or county that attempts to create a
	requirement for a bond or insurance that conflicts with those
	subsections.
	(a-1)  Before beginning the duties of the office, the [The]
	judge of a statutory county court must execute a bond that:
	(1)  is payable to the treasurer of the county;
	(2)  is in the amount set by the commissioners court of:
	(A)  subject to Paragraph (B), not less than
	$1,000 nor more than $10,000; or
	(B)  for a judge presiding in the court over
	guardianship proceedings, as defined by Section 1002.015, Estates
	Code, or over probate proceedings, as defined by Section 22.029,
	Estates Code, not less than:
	(i)  $100,000 for a court in a county with a
	population of 125,000 or less; or
	(ii)  $250,000 for a court in a county with a
	population of more than 125,000; and
	(3)  is conditioned that the judge will:
	(A)  faithfully perform all duties of office; and
	(B)  for a judge presiding in the court over
	guardianship or probate proceedings, perform the duties required by
	the Estates Code [as prescribed by law for county judges].
	(a-2)  The bond executed as required by Subsection (a-1) must
	be approved by the commissioners court.
	(a-3)  In lieu of the bond required by Subsection
	(a-1)(2)(B), a county may elect to obtain insurance against losses
	caused by the gross negligence of a judge of a statutory county
	court in performing the duties of office. The commissioners court
	of a county shall pay the premium for the insurance out of the
	general funds of the county.
	(a-4)  This section does not apply to:
	(1)  a judge of a statutory county court who does not
	preside over guardianship proceedings, as defined by Section
	1002.015, Estates Code;
	(2)  a judge of a statutory probate court who executes a
	bond, obtains insurance, or self-insures pursuant to Section
	25.00231; or
	(3)  a judge who presides over a county criminal court.
	SECTION 2.  Section 26.001, Government Code, is amended to
	read as follows:
	Sec. 26.001.  BOND. (a)  Before beginning [entering] the
	duties of the office, the county judge must execute a bond that:
	(1)  is payable to the treasurer of the county;
	(2)  is in the amount set by the commissioners court of:
	(A)  subject to Paragraph (B), not less than
	$1,000 nor more than $10,000; or
	(B)  for a county judge presiding in the county
	court over guardianship proceedings, as defined by Section
	1002.015, Estates Code, or over probate proceedings, as defined by
	Section 22.029, Estates Code, not less than:
	(i)  $100,000 for a court in a county with a
	population of 125,000 or less; or
	(ii)  $250,000 for a court in a county with a
	population of more than 125,000; and
	(3)  is conditioned that the judge will:
	(A)  faithfully perform all duties of office [pay
	all money that comes into his hands as county judge to the person or
	officer entitled to it]; and
	(B)  for a county judge presiding in the county
	court over guardianship or probate proceedings, perform the duties
	required by the Estates Code [pay to the county all money illegally
	paid to the judge out of county funds; and
	[(C)     not vote or consent to pay out county funds
	for other than lawful purposes].
	(b)  The bond executed as required by Subsection (a) must be
	approved by the commissioners court.
	(c)  In lieu of the bond required by Subsection (a)(2)(B), a
	county may elect to obtain insurance against losses caused by the
	gross negligence of a county judge in performing the duties of
	office. The commissioners court of a county shall pay the premium
	for the insurance out of the general funds of the county.
	SECTION 3.  A judge of a statutory county court, a statutory
	probate court, or a constitutional county court who is serving on
	the effective date of this Act shall comply with the requirements of
	Section 25.0006 or 26.001, Government Code, as amended by this Act,
	as applicable, not later than November 1, 2017.
	SECTION 4.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 40 passed the Senate on
	March 14, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 40 passed the House on
	May 24, 2017, by the following vote:  Yeas 146, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor