SB387

Regular Session

Relating to bond requirements for certain judges.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

County Commissioners Courts • County Treasurers

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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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCourts Courts--county & Statutory Courts--judges Probate Probate--guardians & Related Trusts Bonds

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 387
89R4640 EAS-D	By: Zaffirini
	Jurisprudence
	3/24/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

When judges commit gross negligence by failing to monitor a guardian properly and cause serious loss to the guardianship estate, the damages are covered by a bond paid by the county. If the loss exceeds the bond, the judge could be held personally liable for the difference. Under current law, commissioners courts are required to execute a bond of at least $100,000 for counties with a population of 125,000 or fewer, or $250,000 for counties with a population of more than 125,000. Many county judges, however, are being sued or are about to be sued for failing to properly monitor these cases, and the loss to the guardianship estate is far greater than the bond provided for by the county.

S.B. 387 would provide judges with greater protection from personal liability by increasing the bond amount to $500,000 regardless of county size.

As proposed, S.B. 387 amends current law relating to bond requirements for certain judges.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 25.0006(a-1) and (a-4), Government Code, as follows:

(a-1) Requires the judge of a statutory county, before beginning the duties of the office, to execute a bond that:

(1) makes no changes to this subdivision;

(2) is in the amount set by the commissioners court of:

(A) makes no changes to this paragraph;

(B) for a judge presiding in the court over certain proceedings, not less than $500,000, rather than $100,000 for a court in a county with a population of 125,000 or less or $250,000 for a court in a county with a population of more than 125,000; and

(3) makes no changes to this subdivision.

(a-4) Deletes existing text providing that Section 25.0006 (Bond; Removal) does not apply to a judge of a statutory county who does not preside over guardianship proceedings, as defined by Section 1002.015 (Guardianship Proceeding), Estates Code. Makes nonsubstantive changes.

SECTION 2. Amends Section 26.001(a), Government Code, to make a conforming change.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

Coauthors (1)

Royce West (D)

House Sponsor

Rep. Brooks LandgrafRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 387

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to bond requirements for certain judges.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 25.0006(a-1) and (a-4), Government
	Code, are amended to read as follows:
	(a-1) Before beginning the duties of the office, the judge
	of a statutory county court must execute a bond that:
	(1) is payable to the treasurer of the county;
	(2) is in the amount set by the commissioners court of:
	(A) subject to Paragraph (B), not less than
	$1,000 nor more than $10,000; or
	(B) for a judge presiding in the court over
	guardianship proceedings, as defined by Section 1002.015, Estates
	Code, or over probate proceedings, as defined by Section 22.029,
	Estates Code, not less than $500,000[:
	[~~(i)~~ ~~$100,000 for a court in a county with a~~
	~~population of 125,000 or less; or~~
	[~~(ii)~~ ~~$250,000 for a court in a county with~~
	~~a population of more than 125,000~~]; and
	(3) is conditioned that the judge will:
	(A) faithfully perform all duties of office; and
	(B) for a judge presiding in the court over
	guardianship or probate proceedings, perform the duties required by
	the Estates Code.
	(a-4) This section does not apply to:
	(1) [~~a judge of a statutory county court who does not~~
	~~preside over guardianship proceedings, as defined by Section~~
	~~1002.015, Estates Code;~~
	[~~(2)~~] a judge of a statutory probate court who
	executes a bond, obtains insurance, or self-insures pursuant to
	Section 25.00231; or
	(2) [~~(3)~~] a judge who presides over a county criminal
	court.
	SECTION 2. Section 26.001(a), Government Code, is amended
	to read as follows:
	(a) Before beginning the duties of the office, the county
	judge must execute a bond that:
	(1) is payable to the treasurer of the county;
	(2) is in the amount set by the commissioners court of:
	(A) subject to Paragraph (B), not less than
	$1,000 nor more than $10,000; or
	(B) for a county judge presiding in the county
	court over guardianship proceedings, as defined by Section
	1002.015, Estates Code, or over probate proceedings, as defined by
	Section 22.029, Estates Code, not less than $500,000[:
	[~~(i)~~ ~~$100,000 for a court in a county with a~~
	~~population of 125,000 or less; or~~
	[~~(ii)~~ ~~$250,000 for a court in a county with~~
	~~a population of more than 125,000~~]; and
	(3) is conditioned that the judge will:
	(A) faithfully perform all duties of office; and
	(B) for a county judge presiding in the county
	court over guardianship or probate proceedings, perform the duties
	required by the Estates Code.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 25, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB387 by Zaffirini (Relating to bond requirements for certain judges.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, KDw, JPa

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Frequently Asked Questions

Common questions about SB387

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. 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).

Who authored SB387?

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

When was SB387 signed into law?

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

Which agencies enforce SB387?

SB387 is enforced by County Commissioners Courts and County Treasurers.

How urgent is compliance with SB387?

The compliance urgency for SB387 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

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.

What topics does SB387 address?

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

Legislative data provided by LegiScanLast updated: November 25, 2025

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