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56th Legislature, repealed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lature, repealed the provisions of Article 4368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