HBA-LCA H.B. 3207 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3207
By: Ramsay
Judicial Affairs
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a district clerk must obtain errors and omissions
insurance or similar coverage from a governmental pool operating under
Chapter 119, Local Government Code (County Government Liability Insurance
Pool).  This language does not recognize the use of self-insurance funds,
also known as governmental and intergovernmental pools, or risk retention
groups authorized under Article 715c, V.T.C.S.  Additionally, current law
requires a district or deputy clerk to obtain a separate policy to cover
losses due to burglary and other enumerated occurences. 

H.B. 3207 amends Section 51.302, Government Code (Bond; Oath; Insurance) to
establish that a clerk may obtain coverage issued by a governmental unit
under Article 715c, V.T.C.S.  Additionally, this bill provides that both
types of required coverage are addressed in Section 51.302, and increases
the minimum amount of coverage a clerk must purchase. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.302(c), Government Code, to authorize a
district clerk to obtain an insurance policy from a governmental unit under
Article 715c, V.T.C.S., in addition to a policy or coverage from a
governmental pool operated under Chapter 119, Local Government Code.
Provides that such insurance will cover a district or deputy clerk against
liabilitites incurred by losses from burglary, theft, robbery, counterfeit
currency, or destruction, in addition to errors or ommissions in the
performance of official duties.  Increases from $10,000 to $20,000 as the
minimum amount for such liability coverage. 

SECTION 2.  Repealer:  Section 51.302(e), Government Code, to make a
conforming change. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.