Untitled Texas Attorney General Opinion

THE OFTEXAS October 8, 1959 Honorable Jesse James Opinion No. WW-716 State Treasurer Austin, Texas Re: Whether H.B. 18, Acts of the Regular Session of the 56th Legislature, repealed the provisions of Article 4368 and Article 4375, V.C.S., insofar as those Articles require bond on the State Treasurer and Dear Mr. James: the Chief Clerk. You have requested our opinion on the following question: 1, . . . whether House Bill 18, Acts of the Regular Session of the Fifty-sixth Legis- lature, repealed the provisions of Article 4368 and Article 4375, fl.C.Sd, insofar as those Articles require bonds on the State Treasurer and the Chief Clerk." Article 4368, Vernon's Civil Statutes, provides as follows: "The State Treasurer shall, within twenty (20) days after he shall have re- ceived he enters upon the duties of hi ffi give a bond payable to and to b: ippr%d by the Governor, In the sum of Seventy 1 Th and solvent surety company authorized to do business in this State, conditioned that he will faithful1 execute the duties of his office. All expense necessary and Incident to the execution of such bond shall be paid by the State by appropriation. In addition to the above the State Treasurer shall make and enter into any special bond as may be - Honorable Jesse James, page 2 (~~-716) required by an Act of Congress or by any Federal department or official to protect any and all Federal funds which shall have been secured or which may hereafter be re- ceived by the State of Texas from the Federal Government and deposited with the State Treas- urer. Said bond shall be in such sum and conditioned and approved as may be prescribed by the Act of Congress or such department OP official aforesaid. Said bond shall be a special bond, and shall be In addition to the offlcl,al bond hereinabove required, and each of said bonds shall be separate and distinct contracts and obligations, and the liability under each of said bonds shall be separate and distinct obligations. A12 expense necessary and incident to the execution of such special bond shall be paid as in the Act of Congress may be provided or by appropriation made by the Legislature of Texas for such purposes.” (Bnphasis ours). Article 4375, Vernon’s Civil Statutes, provides as follows: “The Treasurer shall appoint a Chief Clerk execution of the bond of the chief clerk and of the bonds of the respective employees shall be paid by the State by appropriation.” (Dnphasis ours ) . Honorable Jesse James, page 3 (W- 716) Sections 2 and 8 of House Bill 18, Acts of the 56th Legislature, Regular Session, 1959, Chapter 383, rye 855- (codified as Article 6003b, Vernon's Civil Statutes , pro vide as follows: "Sec. 2. It is the intent of the Legis- lature in enacting the provisions of this Act to prescribe uniform standards for the bond- ing of State officers and employees in order to Drovide adeauate protection against loss, and to prescribe a uniform bond covering officers and employees of all agencies, departments, boards, commissions, institutions, courts, and Institutions of higher education of the State of Texas." (Emphasis ours). “sec. 8. All laws authorizing or requiring any faithful performance bond, any faithful per- formance blanket position bond, any position schedule honesty bond, or any honesty blanket position bond for any officer or employee of any agency of the State of Texas are hereby repealed to the extent of such authorization or require- ment and all laws or parts of laws prescribing the amount of such bonds, and all laws or parts of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict." (tiphas ours). It is noted that Article 4368, prior to the enactment of House Bill 18, required the State Treasurer to enter Into a faithful performance bond; that Article 4375, prior to the enactment of House Bill 18, required the Chief Clerk to enter into a faithful performance bond; that Section 8 of House Bill 18 specifically repealed all laws or parts of laws re- quiring any faithful performance bond for any officer or employee of any agency of the State of Texas. You are, there- fore, advised that Section 8 of House Bill 18, Acts of the 2?6? Legislature, Regular Session, 1959, Chapter 383, page specifically repeals the underlined portions of Articles 4366 and 4375. The bonds of the State Treasurer and his Chief Clerk and employees of the State Treasurer are governed by the provisions of House Bill 18 from and after May 30, 1959, its effective date. Honorable Jesse James, Page 4 (~~-716) SUMMARY The provisions of Article 4368, Vernon's Civil Statutes, and Article 4375, Vernon's Civil Statutes, re- quiring the State Treasurer and the Chief Clerk to enter into faithful performance bonds, have been speclfi- tally repealed by the provisions of Section 8 of House Bill 18, Acts of the 56th Legislature, Re ular Session, 1959, Chapter 383, page 8 55, and from the effective date of House Bill 18 (May 30, 1959,)the bonds authorized or required of officers or employees of the Treasury Department are governed by its provisions. Yours very truly, WILL WILSON Attorney General of Texas JR:mfh APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman B. H. Tlmmins, Jr. Wallace Finfrock Linward Shivers Joseph G. Rollins, Jr. REVIEWEDFOR THE ATTORNEYGENERAL BY: W. V. Geppert