CHAPTER 88. OFFICIAL BONDS OF CERTAIN COUNTY OFFICERS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 88. OFFICIAL BONDS OF CERTAIN COUNTY OFFICERS

Sec. 88.001. CERTAIN BONDS PAYABLE TO COUNTY JUDGE; CUSTODY OF

BONDS. The official bond of a county officer that is required by

law to be approved by the commissioners court must, except as

required by other law, be made payable to the county judge and

kept and recorded by the county clerk.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1,

1993.

Sec. 88.002. APPLICATION OF SURETY TO TERMINATE LIABILITY ON

BOND. A surety on the official bond of a county officer may

apply to the commissioners court to be relieved from the bond.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1,

1993.

Sec. 88.003. NOTICE TO OFFICER OF SURETY'S APPLICATION. (a)

The county clerk shall issue to the officer giving the bond a

notice and a copy of a surety's application to be relieved from a

bond.

(b) The sheriff or a constable of the county shall serve the

notice and a copy of the application under this section on the

officer.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1,

1993.

Sec. 88.004. OFFICER TO STOP EXERCISING FUNCTIONS OF OFFICE. On

service of notice under Section 88.003, an officer shall stop

exercising the functions of the officer's office, except that:

(1) the officer shall preserve records and property in the

officer's charge; and

(2) if the officer is a sheriff or constable, the officer shall:

(A) keep prisoners;

(B) preserve the peace; and

(C) execute warrants of arrest.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1,

1993.

Sec. 88.005. OFFICER WHO FAILS TO GIVE NEW BOND VACATES OFFICE.

An officer who does not give a new bond before the 21st day after

the date the officer receives notice under Section 88.003 vacates

the officer's office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1,

1993.

Sec. 88.006. NEW BOND; DISCHARGE OF FORMER SURETIES. If an

officer served notice under Section 88.003 gives a new bond and

the bond is approved, the former sureties are discharged from

liability for misconduct of the officer after the approval of the

new bond.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1,

1993.

Sec. 88.007. NEW BOND REQUIRED BY COMMISSIONERS COURT. (a) A

commissioners court that finds that a county officer's bond

approved by the court is insufficient for any reason shall:

(1) require the officer to give a new bond or additional

security; and

(2) have the officer cited to appear at a term of the court not

earlier than the sixth day after the date of service and take any

action the court considers best for the public interest.

(b) Action taken by the commissioners court under this section

is final and may not be appealed.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 23, eff. Sept. 1,

1993.