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.