2005 Texas Local Government Code CHAPTER 88. OFFICIAL BONDS OF CERTAIN COUNTY OFFICERS

LOCAL GOVERNMENT CODE

CHAPTER 88. OFFICIAL BONDS OF CERTAIN COUNTY OFFICERS


	§ 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, § 23, eff. Sept. 1, 1993.          


	§ 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, § 23, eff. Sept. 1, 1993.          


	§ 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, § 23, eff. Sept. 1, 1993.          


	§ 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, § 23, eff. Sept. 1, 1993.          


	§ 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, § 23, eff. Sept. 1, 1993.          


	§ 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, § 23, eff. Sept. 1, 1993.          


	§ 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, § 23, eff. Sept. 1, 1993.