CHAPTER 604. OFFICIAL BONDS - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 604. OFFICIAL BONDS

Sec. 604.001. FILING OF OFFICIAL BOND. An officer required by

law to give an official bond shall file the bond with the

officer's oath of office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 604.002. SURETIES. An officer shall execute the officer's

official bond with:

(1) two or more good and sufficient sureties; or

(2) a solvent surety company authorized to do business in this

state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 604.003. DEPOSITORY OF BOND OF CERTAIN OFFICERS. (a)

Except as provided by Subsection (b) or other law, the officer

approving the bond of an officer required by law to give an

official bond payable to the governor or the state shall deposit

the bond with the comptroller.

(b) The governor shall deposit the official bond of the

comptroller with the secretary of state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.08(a), eff.

Sept. 1, 1995.

Sec. 604.004. COPY OF CERTAIN BONDS TO BE FILED WITH SECRETARY

OF STATE. A member of the governing body of a political

subdivision created under Article III, Section 52, or Article

XVI, Section 59, of the Texas Constitution who is required by law

to file an official bond shall file a copy of the individual's

bond with the secretary of state not later than the 10th day

after the date the bond is required by law to be filed.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 604.005. BOND NOT VOID ON FIRST RECOVERY. (a) The

official bond of a state, county, or precinct officer is not void

on first recovery.

(b) An injured party may sue separately on a bond until the bond

is exhausted.

(c) In no event may the surety be liable for more than the penal

sum of the surety bond minus any amounts already paid out under

the bond.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

421, Sec. 7, eff. September 1, 2007.

Sec. 604.006. BOND INURES TO PERSONS AGGRIEVED. In a suit

arising from the defalcation of a public officer or the

misapplication or misappropriation of money by a public officer,

the official bond of the officer inures to the benefit of a

person aggrieved by the defalcation or misapplication or

misappropriation occurring in the period covered by the bond.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 604.007. LIMITATION. For purposes of limitation, a suit on

an official bond of a public officer arising from the defalcation

of the officer or the misapplication or misappropriation of money

by the officer is an action for debt founded on a contract in

writing governed by Section 16.004, Civil Practice and Remedies

Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.