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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB387

Regular Session

Relating to bond requirements for certain judges.

Government Affairs & Regulatory Compliance Analysis

SB387: Government Affairs Overview

SB 387 eliminates population-based tiers for judicial bonds, mandating a flat $500,000 minimum surety bond for all Statutory County Court Judges and County Judges presiding over probate or guardianship proceedings. This change significantly increases liability exposure for surety underwriters and requires immediate updates to county risk management protocols for all judicial terms beginning on or after September 1, 2025.

Sen. Judith Zaffirini·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

County Commissioners Courts • County Treasurers

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SB387
Moderate
Relating to bond requirements for certain judges.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County Commissioners CourtsCounty Treasurers
Primary Author: Sen. Judith Zaffirini
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Strict compliance required for any judge beginning duties on or after this date).
  • Agency Rulemaking: No state-level rulemaking required. However, County Commissioners Courts must formally convene to set bond amounts (at or above the new floor) prior to swearing in any applicable judge.

Immediate Action Plan

  • Surety Underwriters: Immediately update rate filings and internal systems to flag Texas Statutory County Court bonds for a minimum $500,000 limit effective 9/1/2025.
  • County Risk Managers: Audit the expiration dates of current judicial bonds. Identify any appointments or elections scheduled for late 2025.
  • Compliance Officers: Verify that the County Commissioners Court has placed the bond setting on their agenda prior to the start of the next judicial term.
  • Budget Directors: Adjust FY2025-2026 budgets to accommodate increased premium expenditures for the judiciary.

Operational Changes Required

Contracts

  • Surety Agreements: Underwriters must retire existing bond templates for Texas County Judges that utilize $100,000 or $250,000 limits. New bonds must reflect the $500,000 minimum.
  • Indemnity Agreements: General Indemnity Agreements (GIAs) signed by judges must be reviewed to ensure they support the increased $500,000 aggregate liability limit.

Hiring/Training

  • Onboarding Protocols: County HR and Risk Management Directors must update judicial onboarding checklists. Any "Statutory County Court Judge" or "County Judge" with a probate docket cannot be sworn in without the $500,000 bond instrument in hand.
  • Credit Review: Surety agents may need to re-evaluate the personal creditworthiness of applicants, as the bond requirement has increased by up to 400% for judges in smaller counties.

Reporting & Record-Keeping

  • Filing Requirements: The physical bond must be made payable to the County Treasurer and filed with the Treasurer's office.
  • Conditionality Language: Bonds must explicitly state conditioning on duties required by the Texas Estates Code, specifically regarding the protection of estates and wards, in addition to general official duties.

Fees & Costs

  • Premium Increases: While the Legislative Budget Board predicts low fiscal impact to the state, local county budgets must account for increased bond premiums. A jump from $100,000 to $500,000 coverage will result in higher premium costs per judge.

Strategic Ambiguities & Considerations

  • "Presiding Over" Definition: The statute applies to judges "presiding... over guardianship proceedings... or probate proceedings." In rural counties with mixed dockets, a County Judge may only hear occasional probate matters.
  • *Risk:* If a judge hears even a single probate case, they trigger the $500,000 requirement. Counties should default to the higher bond for any judge with potential jurisdiction to avoid invalidating judicial acts.
  • Commissioners Court Discretion: The law establishes the amount is set by the Commissioners Court at "not less than $500,000."
  • *Risk:* This is a floor, not a ceiling. Surety brokers must confirm specific county requirements, as high-asset jurisdictions may arbitrarily set limits above $500,000.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 18, 2024
Passed Senate
Apr 16, 2025
Passed House
May 23, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCourtsCourts--county & StatutoryCourts--judgesProbateProbate--guardians & Related TrustsBonds
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Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author
Coauthors (1)

House Sponsor

Rep. Brooks LandgrafRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB387

Q

What does Texas SB387 do?

SB 387 eliminates population-based tiers for judicial bonds, mandating a flat $500,000 minimum surety bond for all Statutory County Court Judges and County Judges presiding over probate or guardianship proceedings. This change significantly increases liability exposure for surety underwriters and requires immediate updates to county risk management protocols for all judicial terms beginning on or after September 1, 2025.

Q

Who authored SB387?

SB387 was authored by Texas Senator Judith Zaffirini during the Regular Session.

Q

When was SB387 signed into law?

SB387 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB387?

SB387 is enforced by County Commissioners Courts and County Treasurers.

Q

How significant are the changes in SB387?

The regulatory priority for SB387 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB387?

The cost impact of SB387 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB387 address?

SB387 addresses topics including courts, courts--county & statutory, courts--judges, probate and probate--guardians & related trusts.

Q

What are the key dates for SB387?

Key dates for SB387: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026