As happens, we have confused ourselves by reading those books that have no pictures in them. The quandary centers upon the proper repository for certain official bonds. Specifically, we are concerned with my bond, as CA, and that of the sheriff.

At first blush, it would seem simple enough. My bond is required to be approved by the commissioners court, see Gov't Code sec. 45.001(a). So, too, is the sheriff's bond required to be approved by the commissioners court. See Loc. Gov't Code sec. 85.001(b)(1). Section 88.001 of the Local Government Code provides that "The official bond of a county officer that is required by law to be approved by the commissioners court must, except as required by other law, be made payable to the county judge and kept and recorded by the county clerk."

But there's a twist. My bond is required to be made payable to the governor. See Gov't Code sec. 45.001(a). Likewise, the sheriff's bond must be payable to the governor. See Loc. Gov't Code sec. 85.001(b)(2). Section 604.003(a) of the Government Code provides that, "Except as provided by Subsection (b) [dealing with comptroller] or other law, the officer approving the bond of an officer required by law to give an official bond payable to the governor or the state shall deposit the bond with the comptroller."

So, where does all this leave us? I don't know that I can rationally say that either one is a specific exception to the general rule of the other. Could it be that the county clerk is supposed to "record" the bond, keep a copy and forward the original for "deposit" to the comptroller? I haven't found a case or AG opinion that resolves the issue, but I may have missed something. Has anyone out there previously resolved this question?

TAC has a detailed dicussion on official bonds and their requirements at the following link:

http://www.county.org/resources/legal/pdf/OutlineOfOath&Bond.pdf

When in doubt, file it in both places.