CHAPTER 82. COUNTY CLERK - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 82. COUNTY CLERK

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 82.001. SURETY BOND AND OATH OF COUNTY CLERK;

SELF-INSURANCE. (a) The county clerk must, before beginning to

perform the duties of office, execute a bond either with four or

more good and sufficient sureties or with a surety company

authorized to do business in the state as a surety.

(b) In lieu of the clerk obtaining the bond, the county may

self-insure against losses that would have been covered by the

bond.

(c) The bond must be:

(1) approved by the commissioners court;

(2) made payable to the county;

(3) conditioned that the clerk will faithfully perform the

duties of office; and

(4) in an amount equal to at least 20 percent of the maximum

amount of fees collected in any year during the term of office

preceding the term for which the bond is to be given, but not

less than $5,000 or more than $500,000.

(d) The clerk must take and subscribe the official oath, which

must be endorsed on the bond if the bond is required. The bond

and oath shall be recorded in the county clerk's office and

deposited in the office of the clerk of the district court.

(e) An injured party in a suit to which the county is a party

may use and enter in the record in the suit a certified copy of

the bond.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 9(a), eff. Aug. 28,

1989.

Sec. 82.002. SURETY BOND ON DEPUTY CLERKS AND EMPLOYEES;

SELF-INSURANCE. (a) If the county clerk has only a single

deputy clerk, the county clerk shall execute a surety bond to

cover the deputy. The county clerk shall execute a schedule

surety bond or a blanket surety bond to cover all the deputy

clerks, if there is more than one, and all other employees of the

office.

(b) In lieu of a clerk obtaining a bond as required by

Subsection (a), the county may self-insure against losses that

would have been covered by the bond.

(c) The bond covering a deputy clerk or an employee must be

conditioned in the same manner and must be for the same amount as

the bond for the county clerk. The bond must be made payable to

the county for the use and benefit of the county clerk.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 9(a), eff. Aug. 28,

1989.

Sec. 82.003. ERRORS AND OMISSIONS INSURANCE; CONTINGENCY FUND.

(a) The county clerk shall obtain an insurance policy or similar

coverage from a governmental pool operating under Chapter 119

covering the clerk and each deputy clerk against liability

incurred through errors and omissions in the performance of their

official duties.

(b) The policy or other coverage document must be in an amount

equal to the maximum amount of fees collected in any year during

the term of office preceding the term for which the policy is to

be obtained. However, the policy or other coverage document must

be in an amount of at least $10,000 but is not required to exceed

$500,000. If the policy or other coverage document provides

coverage for other county officials, the policy or other coverage

document must be in an amount of at least $1 million.

(c) The commissioners court may establish a contingency fund to

provide the coverage required by this section if it is determined

by the county clerk that insurance coverage is unavailable at a

reasonable cost. The commissioners court may set an additional

filing fee in an amount not to exceed $5 for each suit filed to

be collected by the county clerk. The fee shall be paid into the

fund. When the contingency fund reaches an amount equal to that

required by this section, the clerk shall stop collecting the

additional fee.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 9(a), eff. Aug. 28,

1989; Acts 1993, 73rd Leg., ch. 561, Sec. 3, eff. Aug. 30, 1993.

Sec. 82.004. PREMIUMS. The commissioners court of a county

shall pay out of the general fund of the county the premiums for

a bond or insurance policy required by this chapter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 82.005. APPOINTMENT, OATH, AND POWERS OF DEPUTY CLERK. (a)

An appointment by the county clerk of a deputy clerk must be in

writing, be signed by the county clerk, and bear the seal of the

county court. The county clerk shall record the appointment in

the county clerk's office and shall deposit it in the office of

the district clerk.

(b) A deputy clerk must take the official oath.

(c) A deputy clerk acts in the name of the county clerk and may

perform all official acts that the county clerk may perform.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. MISCELLANEOUS POWERS AND DUTIES

Sec. 82.051. ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL NOTICES BY

COUNTY CLERK. (a) In this section, "electronic display"

includes a display:

(1) by the use of an electronic kiosk, electronic bulletin

board, or other similar device designed to provide readily

accessible information; or

(2) on a county's public Internet website.

(b) A county clerk may post an official and legal notice by

electronic display instead of posting a physical document. An

electronic display of information posted under this section using

a device described by Subsection (a)(1) must meet the location,

time, and accessibility requirements provided by law for the

posting of the notice. An electronic display of information

posted under this section on a county's public Internet website

must meet the time requirements provided by law for the posting

of the notice.

Added by Acts 2009, 81st Leg., R.S., Ch.

968, Sec. 2, eff. June 19, 2009.