LOCAL GOVERNMENT CODE
CHAPTER 82. COUNTY CLERK
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 9(a), eff. Aug. 28, 1989.
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 9(a), eff. Aug. 28, 1989.
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 9(a), eff. Aug. 28, 1989; Acts
1993, 73rd Leg., ch. 561, § 3, eff. Aug. 30, 1993.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
