ORDER NO. 30073 CONTINUATION OF COUNTY CLERK'S E&O BOND AND EMPLOYEES GOVERNMENT CRIME POLICY Came to be heard this the 27th day of December, 2006, with a motion made by Commissioner Williams, seconded by Commissioners Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve and/or acknowledge the continuation of the County Clerk's E&O Bond and Employees Government Crime Policy. 3QU73 ~, 3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jannett Pieper ~~6 MEETING DATE: December 27, 9 Office: County Clerk TIME PREFERRED: AM SUBJECT: (Please Be Specific) Consider, discuss and take appropriate actions to approve or acknowledge the of continuation of County Clerks E & O Bond and Employees Government Crime Policy. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. BINDER Quirk 8r Company PO Box 792030, San Antonio, Texas 78279-2030 Toll-Free: 800-299-9421 Phone: 210-342-9421 Fax: 210-340-4075 Producer: First Insurance Agency - 90432 Date:Dee 13, 2006 Attention: Nancy Walton Binder Provided By: Vicky Dearing, ext. 139, email: VDeazingCquirkco.com Policy Number: ELC36540 Effective Date: 01/01/2007 12:01 AM CST Term: 12 Months Named Insured: The County Clerk of Kerr County, Texas Insurer: Underwriters at Lloyds Coverage: E & O -Miscellaneous -County Clerk E & O Limits Deductible $300,000.00 Limit of Liability $1,000.00 Per Claim -Includes Expenses Terms: LSW070 County Clerk Wording LSW541 RICO Exclusion; LSW 1001 (Insurance) Several Liability Notice; NMA 1191 Radioactive Contamination Clause -USA; NMA1331 Cancellation Clause; NMA1256 Nucleaz Incident Exclusion Clause -USA; NMA1998 Service of Suit Clause; NMA2340 Land, Water and Air Exclusion Clause; NMA2807 Electronic Data Recognition Exclusion; NMA2918 War & Terrorism Endorsement; LMFEXCL Mold Exclusion; Asbestos Exclusion. Retroactive Date 1/1/1982 Subject To: Renewal of ELC30829 FLAT CANCELLATION NOT PERMITTED Premium: $1,740.00 Minimum Earned Premium: 25% TRIA: $0.00 Fee: $150.00 Taxes: $91.67 Stamping Fee: $].89 Total: $1,983.56 PLEASE REVIEW THE QUOTE CAREFULLY. THIS QUOTE IS BASED ON THE TERMS AND CONDITIONS INDICATED, WHIG MAY VARY OR BE MORE RESTRICTIVE THAN THOSE REQUESTED IN THE ORIGINAL APPLICATION OR OTHERWISE. This binder is intended for use as evidence that the insurance described is in effect. In the event of any inconsistency between the binder and the policy which will replace it, the terms, conditions, and provisions of the policy shall prevail. This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as a surplus line coverage pursuant to the Texas insurance statutes. The State Board of Insurance Page 1 of 2 Quirk & Company Binder - ELC36540 -The County Clerk of Kerr County, Texas does not audit the finances or review the solvency of the surplus lines insurer providing this coverage, and this insurer is not a member of the property and casualty insurance guaranty association created under Article 21.28-C, Insurance Code. Article 1.14-2, Insurance Code, requires payment of 4.85 percent tax on gross premium. Page 2 of 2 ~. ~9~ (tiS43 COMMERCIAL CRIME POLICY vaL.1~~~PQ~E~1340 VOL 1~r11PAGEO3~G [+] INDF~'~ [~] COMPI~~;~~ INDEXED COMPARED 1 il;.u~j~~ ~.~~rl'k~-~ ~'~Q1~1Y 4'1 '1 'l~C Mu~~r, `~t R,a ,~, , ~~~~ The Fidelity and Deposit Companies <-'~~i~~y 3910 Keswick Road BALTIMORE, MARYLAND 21211 ~~~rr v,11e, ~~--I~~'<'-~ U-CR-102-A (12/01) ~~~ ~ ~.~~ ~'~-li--I~ °~s Administrative Office 1400 American Lane Schaumburg, IL 66196 GOVERNMENT CRIME POLICY DECLARATIONS yo~.1503~a~E0341 o D® .~ Companies This policy issued by: ® Fidelity and Deposit Company of Maryland Policy No. CCP9353392 10 ^ Colonial American Casualty and Surety Company (a stock insurance company) Named Insured and Mailing Address Producer Name and Address: JANNETT PIEPER, COUNTY CLERK 1ST INS. AGENCY OF HILL COUNTRY OF KERR COUNTY, TX 123 COMMERCE ST. 700 MAIN STREET, STUITE 122 PO BOX 291549 KERRVILLE, TX 78028 KERRVILLE, TX 76029 Policy Period' From 01/0112008 to 01/01/2007 at 12:01 A.M. Standard Time at your mailing address shown above. N ~ ~ n rn C W IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS AND CONDITIONS OF THIS POLICY, ~ WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ~ INSURING AGREEMENTS, LIMITS OF INSURANCE AND DEDUCTIBLE LIMIT OF INSURANCE DEDUCTIBLE AMOUNT INSURING AGREEMENTS Per Occurrence Per Occurrence 1. Employee Theft -Per Loss Coverage $ Not Covered $ 2. Employee Theft -Per Employee Coverage 80,000.00 1,000.00 3. Forgery Or Alteration Not Covered 4. Inside The Premises -Theft of Money and Securities 10,000.00 250.00 5. Inside The Premises - Robbery Or Safe Burglary Of Other Property Not Covered 6. Outside The Premises 10,000.00 250.00 7. Computer Fraud Not Covered 8. Funds Transfer Fraud Not Covered 9. Money Orders And Counterfeit Paper Currency Not Covered If Added By Endorsement, Insuring Agreement(s) $ $ If "Not Covered" is inserted above opposite any specified Insuring Agreement, such Insuring Agreement and any other reference thereto in this policy is deleted. *Policy Premium is payable $ 1 123.00 at inception' $ 1st Anniversary' $ 2nd Anniversary `Includes Taxes and/or Surcharges ENDORSEMENTS FORMING PART OF THIS POLICY WHEN ISSUED: CR0026 0702 CR 02 47 02 03 U-GU-692- A CW 0804 CR 35 12 03 00 CR 25 19 03 00 U-CR-116-A 0102 U-CR-126-A 0503 CANCELLATION OF PRIOR INSURANCE ISSUED BY US: ey acceptance of this Policy you give us notice canceling prior policy or bond Nos. CCP9353392 09 the cancellation to be effective at the time this Policy becomes effective. ~~ COUNTERSIGNED: (.~ f )z~~6 (Date) IN WITNESS WHEREOF the Company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page countersigned by a duly authorized representative of the Company. Attest ~\\\\\\r\~ By Ti7~. ~ ~e~r~ Secretary President U-CR-D-103-A CW (Ed.01/03) plb/12-30-05 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1998 VOL.I~O~PAGEO342 COMMERCIAL CRIME CR 00 26 07 02 GOVERNMENT CRIME POLICY (DISCOVERY FORM) Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is or is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company pro- viding this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Definitions. A. Insuring Agreements Coverage is provided under the following Insuring Agreements for which a Limit of Insurance is shown in the Declarations: 1. Employee Theft -Per Loss Coverage We will pay for loss of or damage to "money", "securities" and "other property" resulting di- rectly from "theft" committed by an "em- ployee", whether identified or not, acting alone or in collusion with other persons. 2. Employee Theft -Per Employee Coverage We will pay for loss of or damage to "money", "securities" and "other property" resulting di- rectly from "theft" committed by each "em- ployee", whether identified or not, acting alone or in collusion with other persons. 3. Forgery Or Alteration a. We will pay for loss resulting directly from "forgery" or alteration of checks, drafts, promissory notes, or similar written promises, orders or directions to pay a sum certain in "money" that are: (1) Made or drawn by or drawn upon you; or (2) Made or drawn by one acting as your agent; or that are purported to have been so made or drawn. b. If you are sued for refusing to pay any in- strument covered in Paragraph a. above, on the basis that it has been forged or al- tered, and you have our written consent to defend against the suit, we will pay for any reasonable legal expenses that you incur and pay in that defense. The amount that we will pay is in addition to the Limit of In- surance applicable to this Insuring Agree- ment. 4. Inside The Premises -Theft Of Money And Securities a. We will pay for loss of "money" and "secu- rities" inside the "premises" or "banking premises" resulting directly from "theft", disappearance or destruction. b. We will pay for loss from damage to the "premises" or its exterior resulting directly from an actual or attempted "theft" of "money" and "securities", if you are the owner of the "premises" or are liable for damage to it. c. We will pay for loss of or damage to a locked safe, vault, cash register, cash box or cash drawer located inside the "prem- ises" resulting directly from an actual or attempted "theft" of or unlawful entry into those containers. 5. Inside The Premises -Robbery Or Safe Burglary Of Other Property a. We will pay for loss of or damage to "other property": (1) Inside the "premises" resulting directly from an actual or attempted "robbery" of a "custodian"; or (2) Inside the "premises" in a safe or vault resulting directly from an actual or attempted "safe burglary". b. We will pay for loss from damage to the "premises" or its exterior resulting directly from an actual or attempted "robbery" or "safe burglary" of "other property", if you are the owner of the "premises" or are li- able for damage to it. c. We will pay for loss of or damage to a locked safe or vault located inside the "premises" resulting directly from an ac- tual or attempted "robbery" or "safe bur- glary". 6. Outside The Premises a. We will pay for loss of "money" and "secu- rities" outside the "premises" in the care and custody of a "messenger" or an ar- mored motor vehicle company resulting directly from "theft", disappearance or de- struction. C O r F-+ n c, rr O W `~ CR 00 26 07 02 Copyright, ISO Properties, Inc., 2001 Page 1 of 10 Uniform vo~.1~03PASE0343 b. We will pay for loss of or damage to b. Acts Of Officials, Employees Or Rep- t ' "other property" outside the "premises" in resentatives r°- 'the care and custody of a "messenger" or Loss resulting from "theft" or any other ~ an armored motor vehicle company re- dishonest act committed by any of your suiting directly from an actual or at- officials, "employees" or authorized repre- 1~ tempted "robbery". sentatives: '~ 7. Computer Fraud (1) Whether acting alone or in collusion E"r We will pay for loss of or damage to "money", with other persons; or "securities" and "other property" resulting di- (2) While performing services for you or r'^ rectly from the use of any computer to otherwise; ~ fraudulently cause a transfer of that property " " " except when covered under Insuring ~ banking prem- premises or from inside the ~ ises": Agreements A.1. or A.2. ~"~ a. To a person (other than a "messenger") c. Governmental Action outside those "premises"; or Loss resulting from seizure or destruction b. To a place outside those "premises". of property by order of governmental authority. 8. Funds Transfer Fraud d. Indirect Loss We will pay for loss of "funds" resulting di- rectly from a "fraudulent instruction" directing Loss that is an indirect result of any act or " " a financial institution to transfer, pay or deliver covered by this policy in- occurrence "funds" from your "transfer account". cluding, but not limited to, loss resulting from: 9. Money Orders And Counterfeit Paper Cur- rency (1) Your inability to realize income that you would have realized had there We will a for loss resultin direct) from P Y 9 Y been no loss of or damage to your having accepted in good faith, in ex- "money", "securities" or "other prop- change for merchandise, "money" or services: erty'". a. Money orders issued by any post office, (2) payment of damages of any type for express company or bank that are not which you are legally liable. But, we paid upon presentation; or will pay compensatory damages aris- b. "Counterfeit" paper currency that is ac- ing directly from a loss covered under quired during the regular course of busi- this policy. Hess. (3) Payment of costs, fees or other ex- B. Limit Of Insurance penses you incur in establishing ei- The most we will pay for loss in any one "occur- ther the existence or the amount of rence" is the applicable Limit of Insurance shown loss under this policy. in the Declarations. e. Legal Expenses C. Deductible Expenses related to any legal action, ex- We will not pay for loss in any one "occurrence" cept when covered under Insuring unless the amount of loss exceeds the Deductible Agreement A.3. Amount shown in the Declarations. We will then f. Nuclear pay the amount of loss in excess of the Deductible Loss resulting from nuclear reaction, nu- Amount, up to the Limit of Insurance. In the event clear radiation or radioactive contamina- more than one Deductible Amount could apply to Lion, or any related act or incident. the same loss, only the highest Deductible Amount may be applied. g. War And Similar Actions D. Exclusions Loss resulting from war, whether or not declared, warlike action, insurrection, re- l. This policy does not apply to: hellion or revolution, or any related act or a. Acts Committed By You incident. Loss resulting from "theft" or any other 2. Insuring Agreements A.1. and A.2. do not ap- dishonest act committed by you, whether ply to: acting alone or in collusion with other per- a. Bonded Employees sons. Loss caused by any "employee" required by law to be individually bonded. Page 2 of 10 Copyright, ISO Properties, Inc., 2001 CR 00 26 07 02 b. Employees Cancelled Under Prior In- surance Loss caused by any "employee" of yours, or predecessor in interest of yours, for whom similar prior insurance has been cancelled and not reinstated since the last such cancellation. c. Inventory Shortages Loss, or that part of any loss, the proof of which as to its existence or amount is de- pendent upon: (1) An inventory computation; or (2) A profit and loss computation. However, where you establish wholly apart from such computations that you have sustained a loss, then you may offer your inventory records and actual physical count of inventory in support of the amount of loss claimed. d. Trading Loss resulting directly or indirectly from trading, whether in your name or in a genuine or fictitious account. e. Treasurers Or Tax Collectors Loss caused by any treasurer or tax col- lector by whatever name known. 3. Insuring Agreements A.4., A.5. and A.6. do not apply to: a. Accounting Or Arithmetical Errors Or Omissions Loss resulting from accounting or arith- metical errors or omissions. b. Exchanges Or Purchases Loss resulting from the giving or surren- dering of property in any exchange or purchase. c. Fire Loss resulting from fire, however caused, except: (1) Loss of or damage to "money" and "securities"; and (2) Loss from damage to a safe or vault. d. Money Operated Devices Loss of property contained in any money operated device unless the amount of "money" deposited in it is recorded by a continuous recording instrument in the device. e. Motor Vehicles Or Equipment And Ac- cessories Loss of or damage to motor vehicles, trailers or semi-trailers or equipment and accessories attached to them. VOL.I~O~PAGEO344 f. Transfer Or Surrender Of Property (1) Loss of or damage to property after it has been transferred or surrendered to a person or place outside the "premises" or "banking premises": (a) On the basis of unauthorized in- structions; (b) As a result of a threat to do bodily harm to any person; or (c) As a result of a threat to do dam- age to any property. (2) But, this Exclusion does not apply un- der Insuring Agreement A.6. to loss of "money", "securities" or "other prop- erty" while outside the "premises" in the care and custody of a "messen- ger" if you: (a) Had no knowledge of any threat at the time the conveyance be- gan; or (b) Had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. g. Vandalism Loss from damage to the "premises" or its exterior, or to any safe, vault, cash regis- ter, cash box, cash drawer or "other prop- erty" by vandalism or malicious mischief. h. Voluntary Parting Of Title To Or Pos- session Of Property Loss resulting from your, or anyone acting on your express or implied authority, be- ing induced by any dishonest act to vol- untarily part with title to or possession of any property. 4. Insuring Agreement A.7. does not apply to: a. Exchanges Or Purchases Loss resulting from the giving or surren- dering of property in any exchange or purchase. b. Funds Transfer Fraud Loss resulting from a "fraudulent instruc- tion" directing a financial institution to transfer, pay or deliver "funds" from your "transfer account". c. Inventory Shortages Loss, or that part of any loss, the proof of which as to its existence or amount is de- pendentupon: (1) An inventory computation; or (2) A profit and loss computation. 0 r-~ Ij I;jt '~ n rn O (gip CR 00 26 07 02 Copyright, ISO Properties, Inc., 2001 Page 3 of 10 vo~.1503PQCE0345 d. Voluntary Parting Of Title To Or Pos- session Of Property Loss resulting from your, or anyone acting on your express or implied authority, be- ing induced by any dishonest act to vol- untarily part with title to or possession of any property. 5. Insuring Agreement A.t3. does not apply to: Computer Fraud Loss resulting from the use of any computer to fraudulently cause a transfer of "money", "securities" or "other property". E. Conditions 1. Conditions Applicable To All Insuring Agreements a. Cancellation As To Any Employee This policy is cancelled as to any "em- ployee": (1) Immediately upon discovery by: (a) You; or (b) Any official or employee author- ized to manage, govern or control your "employees" who is not in collusion with the "employee"; of "theft" or any other dishonest act committed by the "employee" whether before or after becoming employed by you. (2) On the date specified in a notice mailed to the first Named Insured. That date will be at least 30 days after the date of mailing. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be suffi- cient proof of notice. b. Cancellation Of Policy (1) The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. (2) We may cancel this policy by mailing or delivering to the first Named In- sured written notice of cancellation at least: (4) Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. (5) If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named In- sured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. (5) If notice is mailed, proof of mailing will be sufficient proof of notice. c. Changes This policy contains all the agreements between you and us concerning the in- surance afforded. The first Named In- sured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This pol- icy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. d. Concealment, Misrepresentation Or Fraud .c 0 r Fj r„y2 I--+~ n rT C.t~ r,~p F~ (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (b) 30 days before the effective date of cancellation if we cancel for any other reason. (3) We will mail or deliver our notice to the first Named Insured's last mailing address known to us. This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other Insured, at any time, intentionally conceal or mis- represent amaterial fact concerning: (1) This policy; (2) The property covered under this pol- icy; (3) Your interest in the property covered under this policy; or (4) A claim under this policy. e. Discovery (1) We will pay for loss that you sustain through acts committed or events oc- curring at any time and discovered by you: (a) During the policy period shown in the Declarations; or (b) During the period of time provided in the Extended Period To Dis- cover Loss Condition E.1.i. (2) Discovery of loss occurs when you first become aware of facts which would cause a reasonable person to assume that a loss covered by this policy has been or will be incurred, even though the exact amount or de- tails of loss may not then be known. Page 4 of 10 Copyright, ISO Properties, Inc., 2001 CR 00 26 07 02 VOL.I~O~PAGEO346 Discovery also occurs when you re- (2) However, this extended period to dis- ceive notice of an actual or potential cover loss terminates immediately claim against you alleging facts that if upon the effective date of any other o true would constitute a covered loss insurance obtained by you replacing r under this policy. in whole or in part the insurance af- f. Duties In The Event Of Loss forded by this policy, whether or not I"~ t ' such other insurance provides cover- + J After you discover a loss or a situation age for loss sustained prior to its ef- ~ that may result in loss of or damage to fective date. F,.r "money", "securities" or "other property" j. Ins pections And Surveys -~ n you must: c -, (1) Notify us as soon as possible. If you (1) We have the right to: r'*+ have reason to believe that any loss (a) Make inspections and surveys at W (except for loss covered under Insur- any time; ing Agreements A.1., A.2. or A.3.) in- (b) Give you reports on the condi- ~ volves a violation of law, you must lions we find; and ~ also notify the local law enforcement authorities. (c) Recommend changes. (2) Submit to examination under oath at (2) We are not obligated to make any in- our request and give us a signed spections, surveys, reports or rec- statement of your answers. ommendations and any such actions we do undertake relate only to insur- 3 Give us a detailed, sworn roof of () p ability and the premiums to be loss within 120 days. charged. We do not make safety in- (4) Cooperate with us in the investigation spections. We do not undertake to and settlement of any claim. pertorm the duty of any person or or- g. Employee Benefit Plan(s) ganization to provide for the health or safety of workers or the public. And (1) The employee benefit plan(s) shown we do not warrant that conditions: in the Declarations are included as (a) Are safe or healthful; or Insureds under Insuring Agreements A.1.orA.2. (b) Comply with laws, regulations, (2) Any payment we make to you for loss codes or standards. sustained by any Plan will be held by (3) Paragraphs (1) and (2) above apply you for the use and benefit of the not only to us, but also to any rating, Plan(s) sustaining the loss. advisory, rate service or similar or- (3) The Deductible Amount applicable to ganization which makes insurance in- Insuring Agreements A.1. or A.2. spections, surveys, reports or rec- does not apply to loss sustained by ommendations. any employee benefit plan(s). k. Joi nt Insured h. Examination Of Your Books And (1) If more than one Insured is named in Records the Declarations, the first Named In- ure may examine and audit your books sured will act for itself and for every and records as they relate to this policy at other Insured for all purposes of this any time during the policy period and up policy. If the first Named Insured to 3 years afterward. ceases to be covered, then the next Named Insured will become the first i. Extended Period To Discover Loss Named Insured. (1) We will pay for loss that you sus- (2) If any Insured or official of that In- tained prior to the effective date of sured has knowledge of any informa- termination or cancellation of this lion relevant to this policy, that knowl- policy, which is discovered by you no edge is considered knowledge of later than 60 days from the date of every Insured. that termination or cancellation. (3) An "employee" of any Insured is con- sidered to be an "employee" of every Insured. CR 00 26 07 02 Copyright, ISO Properties, Inc., 2001 Page 5 of 10 m. n. o. VOL.1~O~PAGEO34~ (4) If this policy or any of its coverages is p. Other Insurance cancelled or terminated as to any In- This policy does not apply to loss recov- ~ sured, loss sustained by thatlnsured erable or recovered under other insurance is covered only if discovered by you or indemnity. If the limit of the other insur- (.r. during the period of time provided in ance or indemnity is insufficient to cover the Extended Period To' Discover the entire amount of the loss, this policy ,~ Loss Condition E.1.i. will apply to that part of the loss, other However, this extended period to dis- than that falling within any Deductible ~ cover loss terminates as to that In- Amount, not recoverable or recovered chi sured immediately upon the effective under the other insurance or indemnity. m date of any other insurance obtained However, this policy will not apply to the by that Insured replacing in whole or amount of loss that is more than the ap- W in part the insurance afforded by this plicable Limit of Insurance shown in the qC policy, whether or not such other in- Declarations. W surance provides coverage for loss sustained prior to its effective date. q. Ownership Of Property; Interests Cov- ered (5) We will not pay more for loss sus- tained by more than one Insured than The property covered under this policy is the amount we would pay if all the limited to property: loss had been sustained by one In- (1) That you own or lease; sured. (2) That you hold for others; or Legal Action Against Us (3) For which you are legally liable. You may not bring any legal action However, this policy is for your benefit against us involving loss: only. It provides no rights or benefits to (1) Unless you have complied with all the any other person or organization. Any terms of this policy; claim for loss that is covered under this (2) Until 90 days after you have filed policy must be presented by you. proof of loss with us; and r. Premiums (3) Unless brought within 2 years from The first Named Insured shown in the the date you discover the loss. Declarations: If any limitation is prohibited by law, such (1) Is responsible for the payment of all limitation is amended so as to equal the premiums; and minimum period of limitation provided by (2) Will be the payee for any return pre- such law. miums we pay. Liberalization s. Records If we adopt any revision that would You must keep records of all property broaden the coverage under this policy covered under this policy so we can verify without additional premium within 45 days the amount of any loss. prior to or during the policy period, the broadened coverage will immediately ap- t. Recoveries ply to this policy. (1) Any recoveries, less the cost of ob- Loss Covered Under More Than One taining them, made after settlement of Coverage Of This Policy loss covered by this policy will be dis- If two or more coverages of this policy tributed as follows: apply to the same loss, we will pay the (a) To you, until you are reimbursed lesser of: for any loss that you sustain that exceeds the Limit of Insurance (1) The actual amount of loss; or and the Deductible Amount, if (2) The sum of the Limits of Insurance any; applicable to those coverages. (b) Then to us, until we are reim- Non-Cumulation Of Limit Of Insurance bursed for the settlement made; Regardless of the number of years this and policy remains in force or the number of (c) Then to you, until you are reim- premiums paid, no Limit of Insurance cu- bursed for that part of the loss mutates from year to year or policy period equal to the Deductible Amount, if to policy period. any. Page 6 of 10 Copyright, ISO Properties, Inc., 2001 CR 00 26 07 02 VOL.ISO~PAGEO34S (2) Recoveries do not include any recov- ery: (a) From insurance, suretyship, rein- surance, security or indemnity taken for our benefit; or (b) Of original "securities" after dupli- cates of them have been issued. (c) Loss of or damage to "other property" or loss from damage to the "premises" or its exterior for the replacement cost of the prop- erty without deduction for depre- ciation. However, we will not pay more than the least of the follow- ing: (i) The Limit of Insurance appli- cable to the lost or damaged property; (ii) The cost to replace the lost or damaged property with prop- erty of comparable material and quality and used for the same purpose; or (iii) The amount you actually spend that is necessary to repair or replace the lost or damaged property. We will not pay on a replacement cost basis for any loss or dam- age: (i) Until the lost or damaged property is actually repaired or replaced; and (ii) Unless the repairs or re- placement are made as soon as reasonably possible after the loss or damage. If the lost or damaged property is not repaired or replaced, we will pay on an actual cash value ba- sis. 0 r u. Territory This policy covers acts committed or events occurring within the United States of America (including its territories and possessions) and Puerto Rico. v. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent. w. Transfer Of Your Rights Of Recovery Against Others To Us You must transfer to us all your rights of recovery against any person or organiza- tion for any loss you sustained and for which we have paid or settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them. x. Valuation -Settlement (1) Subject to Section B. Limit Of Insur- ance, we will pay for: (a) Loss of "money" but only up to and including its face value. (b) Loss of "securities" but only up to and including their value at the close of business on the day the loss was discovered. We may, at our option: (i) Pay the value of such "secu- rities" or replace them in kind, in which event you must as- sign to us all your rights, title and interest in and to those "securities": or (ii) Pay the cost of any Lost Se- curities Bond required in con- nection with issuing dupli- cates of the "securities". However, we will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not ex- ceeding the lesser of the: i. Value of the "securities" at the close of business on the day the loss was discovered; or ii. Limit of Insurance. (2) Any property that we pay for or re- place becomes our property. 2. Conditions Applicable To Insuring Agree- ments A.1. And A.2. a. Indemnification We will indemnify any of your officials who are required by law to give individual bonds for the faithful performance of their duties, against loss through "theft" com- mitted by "employees" who serve under them, subject to the applicable Limit of In- surance. b. Territory We will pay for loss caused by any "em- ployee" while temporarily outside the ter- ritory specified in the Territory Condition E.1.u. for a period of not more than 90 days. CJ! `~ F~ m O l~C Fib CR 00 26 07 02 Copyright, ISO Properties, Inc., 2001 Page 7 of 10 uo~.15U3PACE0349 3. Conditions Applicable To Insuring Agree- ment A.3. a. Deductible The Deductible Amount does not apply to legal expenses paid under Insuring Agreement A.3. b. Electronic And Mechanical Signatures We will treat signatures that are produced or reproduced electronically, mechanically or by other means the same as handwrit- ten signatures. c. Proof Of Loss You must include with your proof of loss any instrument involved in that loss, or, if that is not possible, an affidavit setting forth the amount and cause of loss. d. Territory We will cover loss you sustain anywhere in the world. The Territory Condition E.1.u. does not apply to Insuring Agree- ment A.3. b. Territory We will cover loss you sustain anywhere in the world. The Territory Condition E.1.u. does not apply to Insuring Agree- ment A.7. F. Definitions 0 r- N i~ ,~ F-~ n M fJ.~ r,X} C.Tt 4. Conditions Applicable To Insuring Agree- ments A.S. And A.6. a. Armored Motor Vehicle Companies Under Insuring Agreement A.6., we will only pay for the amount of loss you can- notrecover: (1) Under your contract with the armored motor vehicle company; and (2) From any insurance or indemnity car- ried by, or for the benefit of customers of, the armored motor vehicle com- pany. b. Special limit Of Insurance For Speci- fied Property We will only pay up to $5,000 for any one "occurrence" of loss of or damage to manuscripts, drawings, or records of any kind or the cost of reconstructing them or reproducing any information contained in them. 5. Conditions Applicable To Insuring Agree- ment A.7. a. Special Limit Of Insurance For Speci- fied Property We will only pay up to $5,000 for any one "occurrence" of loss of or damage to manuscripts, drawings, or records of any kind or the cost of reconstructing them or reproducing any information contained in them. 1. "Banking premises" means the interior of that portion of any building occupied by a banking institution or similar safe depository. 2. "Counterfeit" means an imitation of an actual valid original which is intended to deceive and to be taken as the original. 3. "Custodian" means you or any "employee" while having care and custody of property in- side the "premises", excluding any person while acting as a "watchperson" or janitor. 4. "Employee": a. "Employee" means. (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Para- graph (1) above, who is on leave; or (b) To meet seasonal or short-term work load conditions; while that person is subject to your di- rection and control and performing services for you, excluding, however, any such person while having care and custody of property outside the "premises"; (3) Any natural person who is leased to you under a written agreement be- tween you and a labor leasing firm, to pertorm duties related to the conduct of your business, but does not mean a temporary employee as defined in Paragraph (2) above; (4) Any natural person who is: (a) A trustee, officer, employee, ad- ministrator or manager, except an administrator or manager who is an independent contractor, of any employee benefit plan(s) insured under this policy; and Page 8 of 10 Copyright, ISO Properties, Inc., 2001 CR OD 26 07 02 (b) Your official while that person is handling "funds" or "other prop- erty" of any employee benefit plan(s) insured under this policy; (5) Any natural person who is a former official, "employee", representative or trustee retained as a consultant while performing services for you; or (6) Any natural person who is a guest student or intern pursuing studies or duties, excluding, however, any such person while having care and custody of property outside the "premises". b. "Employee" does not mean any agent, in- dependent contractor or representative of the same general character. 5. "Forgery" means the signing of the name of another person or organization with intent to deceive; it does not mean a signature which consists in whole or in part of one's own name signed with or without authority, in any capac- ity, for any purpose. 6. "Fraudulent instruction" means: a. An electronic, telegraphic, cable, teletype, telefacsimile or telephone instruction which purports to have been transmitted by you, but which was in fact fraudulently transmitted by someone else without your knowledge or consent; b. A written instruction (other than those de- scribed in Insuring Agreement A.2.) is- sued by you, which was forged or altered by someone other than you without your knowledge or consent, or which purports to have been issued by you, but was in fact fraudulently issued without your knowledge or consent; or c. An electronic, telegraphic, cable, teletype, telefacsimile, telephone or written instruc- tion initially received by you which pur- ports to have been transmitted by an "employee" but which was in fact fraudu- lently transmitted by someone else with- out your or the "employee's" knowledge or consent. 7. "Funds" means "money" and "securities". 8. "Messenger" means you or any "employee" while having care and custody of property outside the "premises". 9. "Money" means: a. Currency, coins and bank notes in current use and having a face value; and b. Travelers checks, register checks and money orders held for sale to the public. 10. "Occurrence" means: yoo.1503PAS~0350 a. As respects Insuring Agreement A.1., all loss caused by, or involving, one or more "employees", whether the result of a sin- gle act or series of acts. b. As respects Insuring Agreement A.2., all loss caused by each "employee", whether the result of a single act or series of acts. c. As respects Insuring Agreement A.3., all loss caused by any person or in which that person is involved, whether the loss involves one or more instruments. d. As respects all other Insuring Agree- ments: (1) An act or series of related acts in- volving one or more persons; or (2) An act or event, or a series of related acts or events not involving any per- son. 11. "Other property" means any tangible property other than "money" and "securities" that has intrinsic value but does not include any prop- erty excluded under this policy. 12. "Premises" means the interior of that portion of any building you occupy in conducting your business. 13. "Robbery" means the unlawful taking of prop- erty from the care and custody of a person by one who has: a. Caused or threatened to cause that per- son bodily harm; or b. Committed an obviously unlawful act wit- nessed by that person. 14. "Safe burglary" means the unlawful taking of: a. Property from within a locked safe or vault by a person unlawfully entering the safe or vault as evidenced by marks of forcible entry upon its exterior; or b. A safe or vault from inside the "premises". 15. "Securities" means negotiable and nonnego- tiable instruments or contracts representing either "money" or property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you; but does not include "money". 16. "Theft" means the unlawful taking of "money", "securities" or "other property" to the depriva- tion of the Insured. 17. "Transfer account" means an account main- tained by you at a financial institution from which you can initiate the transfer, payment or delivery of "funds": a r f/ I~ -v a rn O W C7C CR 00 26 07 02 Copyright, ISO Properties, Inc., 2001 Page 9 of 10 a. b. By means of electronic, telegraphic, ca- ble, teletype, telefacsimile or telephone instructions communicated directly through an electronic funds transfer sys- tem; or By means of written instructions (other than those described in Insuring Agree- ment A.3.) establishing the conditions un- VOI. ~.~O:~PAGEO~51 der which such transfers are to be initi- ated by such financial institution through an electronic funds transfer system. 18. "Watchperson" means any person you retain specifically to have care and custody of prop- erty inside the "premises" and who has no other duties. 1 0 r M-'+ ~~2 -o n m W Page 10 of 10 Copyright, ISO Properties, Inc., 2001 CR 00 26 07 02 VQL. ~~i~3PAGE{)352 COMMERCIAL CRIME CR 02 47 02 03 to r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~ TEXAS CHANGES ~~ This endorsement modifies insurance provided under the following: n COMMERCIAL CRIME POLICY ~ EMPLOYEE THEFT AND FORGERY POLICY GOVERNMENT CRIME POLICY ~ KIDNAP/RANSOM AND EXTORTION POLICY ~ A. The following is added to Paragraph (2) of the Cancellation Of Policy Condition: We may cancel this policy for any reason except, that under the provisions of the Texas Insurance Code, we may not cancel this policy solely be- cause the policyholder is an elected official. B. The following is added and supersedes any other provision to the contrary: NONRENEWAL We may elect not to renew this policy except that, under the provisions of the Texas Insurance Code, we may not refuse to renew this policy solely because the policyholder is an elected offi- cial. C. The following is added to Section E. Conditions: CLAIMS HANDLING 1. Within 15 days after we receive written notice of claim, we will: a. Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowl- edgment; b. Begin any investigation of the claim; and c. Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is nec- essary. 2. We will notify you in writing as to whether: a. The claim or part of the claim will be paid; b. The claim or part of the claim has been denied, and inform you of the reasons for denial; c. More information is necessary; or d. We need additional time to reach a deci- sion. If we need additional time, we will inform you of the reasons for such need. We will provide notification, as described in 2.a. through 2.d. above, within 15 business days after we receive the signed, sworn proof of loss and all information we requested. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. 3. We will pay for covered loss or damage within 5 business days after: a. We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss; or b. An award has been made. However, if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such terms. 4. The term "business day", as used in this en- dorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. CR 02 47 02 03 Copyright, ISO Properties, Inc., 2001 Page 1 of 1 Uniform yo~.1503PACE~353 .~ ~, ~~,~~ r THE FIDELITY & DEPOSIT COMPANIES TEXAS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT You may call the Fidelity and Deposit Company of Maryland or the Colonial American Casualty and Surety Company's toll-free telephone number for information or to make a complaint at: 1-800-553-7348 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should first contact the Fidelity and Deposit Company of Maryland or the Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. f"- r,-e !-+ n m W coo CO U-CR-116-A (Ed. 1/02) uo~.1~,~~PAGEO3J~ >~ ~~~ THE FIDELITY & DEPOSIT COMPANIES TEXAS NOTICE This policy contains Commercial Crime Coverage Form (Discovery Form), Commercial Crime Policy (Discovery Form), Government Crime Coverage Form (Discovery Form), Government Crime Policy (Discovery Form) or Employee Theft And Forgery Policy (Discovery Form). The terms of the Commercial Crime Coverage Form, Commercial Crime Policy, Government Crime Coverage Form, Government Crime Policy or Employee Theft And Forgery Policy require that losses be discovered during the policy period or within 60 days from the termination of the policy ("extended discovery period"). Any extended discovery period should be reviewed carefully as well as any endorsement excluding losses sustained prior to a certain date (a "retroactive date"). 0 r --+ u-e F-y D rn C W C~ O U-CR-126-A (Ed. 5/03) vo~.150:3PASE0355 POLICY NUMBER: CCP9353392 10 COMMERCIAL CRIME CR 25 19 03 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADD FAITHFUL PERFORMANCE OF DUTY COVERAGE FOR GOVERNMENT EMPLOYEES This endorsement modifies insurance provided under the following: GOVERNMENT CRIME COVERAGE FORM GOVERNMENT CRIME POLICY and applies to the Insuring Agreements designated below: A. Schedule* Insurin A reement Limit Of Insurance ^ Em to ee Theft -Per Loss Covera e $ ® Em to ee Theft -Per Em to ee Covera a $60,000.00 * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. B. Provisions 1. The following is added to the Employee Theft Insuring Agreement designated above: We will pay for loss or damage to "money", "securities" and "other property" resulting di- rectly from the failure of any "employee" to faithfully perform his or her duties as pre- scribed by law, when such failure has as its direct and immediate result a loss of your covered property. The most we will pay for loss arising out of any one "occurrence" is the Limit of Insurance shown in the Schedule. That Limit, is part of, not in addition to, the Limit of Insurance shown in the Declarations. 2. The following exclusions are added to Section D.2. Exclusions: a. Loss resulting from the failure of any en- tity acting as a depository for your prop- erty or property for which you are respon- sible. b. Damages for which you are legally liable as a result of: (1) The deprivation or violation of the civil rights of any person by an "em- ployee"; or (2) The tortious conduct of an "em- ployee", except the conversion of property of other parties held by you in any capacity. 3. Part (I) of the Cancellation As To Any Em- ployee Condition is replaced by the following: (1) Immediately upon discovery by: (a) You; or (b) Any official or employee authorized to manage, govern or control your "employees" of any act committed by the "employee" whether before or after becoming employed by you which would constitute a loss covered under the terms of the Employee Theft Insuring Agreement, as amended by this endorsement. 4. The Indemnification Condition is replaced by the following: We will indemnify any of your officials who are required by law to give bonds for the faithful performance of their duties against loss through the failure of any "employee" under the supervision of that official to faithfully perform his or her duties as prescribed by law, when such failure has as its direct and immediate result a loss of your covered property. 0 r^ F-~ i~ r -o n m O G.7 Cp CR 25 19 03 00 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 PIbl12-30-05 VOL. ~~O~PAGEO35s POLICY NUMBER: CCP9353392 10 COMMERCIAL CRIME CR 35 12 03 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONVERT TO SCHEDULE COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY GOVERNMENT CRIME COVERAGE FORM GOVERNMENT CRIME POLICY and applies to the Insuring Agreement(s) designated below: Insurin A reement ® Inside the Premises -Theft of Mone and Securities ^ Inside the Premises -Robber or Safe Bur la of Other Pro ert ® Outside the Premises ^ Inside the Premises -Theft of Other Pro ert ^ Inside the Premises - Robbe or Bur la of Other Pro ert ^ Inside the Premises -Robber or Safe Bur lar of Mone and Securities A. Schedule* Address Of Premises Inside The Premises Limit Of Insurance Outside The Premises Limit Of Insurance KERR COUNTY COURTHOUSE $7,000.00 CASH $7,000.00 KERRVILLE, TX $3,000.00 CHECKS $3,000.00 $ $ $ $ $ $ 'Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations B. PROVISIONS 1. The Definition of "Premises" is amended to read as follows: "Premises" means the interior of that portion of the building at the address shown in the Schedule that you occupy in conducting your business. 2. Coverage for "premises" acquired in addition to those shown in the Schedule will apply for 60 days from the date acquired, at the Limit of Insurance shown in the Schedule. 3. Our limit of liability for any one "messenger" or armored motor vehicle is the Outside The Premises Limit of Insurance applicable to the "premises" from which the "messenger" or armored motor vehicle initially operates re- gardless of the number of other "premises" served. 4. The Consolidation-Merger Condition does not apply. t 0 r Cit F-+ a m C W f C~ CR 35 12 03 00 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Plblt2-30-OS VOL.1~~~PAGEO~~J"P i ZURICH "I'hIIS ENllORSEMENT IS ATTACHED TO ANll MADE PART OF YOUR POLICY. ~ rn THIS ENDORSF,MF.NT DOES NOT GRAM' ANY COVERAGE OR CHANGE THE'fERMS „~ AND CONDITIONS OF ANY COVERAGE UNDER THE. POLICY. ~,.~. -o DISCLOSURE OF PREMIUM m (RELATING TO DISPOSITION OF TRIA) ~ w SCIIEDULE* (1) Premium attributable to risk of loss from certified acts of terrorism through [he end of [he policy period based on the extension of the Terrorism Risk insurance Act of 2002 (`"TRIA"): WAIVED If "fR1A terminates, the portion of this premium attributable [o the remaining part of the policy period, as modified by any eha~e shown in (2) of this Schedule, applies to the risk of loss from terrorism after the termination of TRIA. (2) Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement: No change unless one of the following is completed - Return Prommm: N/A Additional Premium: N/A If we noufyYou of an additionaL~remium chazge~the additional~remium will be due as specitied in such notice. *Infonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure of Premium In accordance with thz federal Terrorism Risk In- surance Act of 2002 ("TRIA"), we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the risk of loss from terrorist acts certified under that Act That portion of your premium attributable is shown in the Schedule of this endorsement or in [he Declarations. 13. Uisclosure of Federal Participation in Payment of "Terrorism Losses the United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 90°n. of [hat portion of the amount of such msured losses that exceeds the applicable insurer retention. the Act currently provides for no insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. The federal program established by the Act is scheduled to terminate at the end oC 12!31/05 unless extended by the federal government. C. Possibility of Additioual or Return Premium The premium attributable to the risk of loss from certified acts of terrorism coverage is calculated based on the coverage (if any) in effect at the beginning of your policy Cor certified acts of terrorism. If your policy contains a Conditional Endorsement, the termination of TRIA or extension of the federal program with certain modifications (as explained m that endorsement) may modify the extent of coverage (il any) your policy provides for terrorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy, the return premium (if any) or additional premium lif any) shown in (2) of the Schedule will apply If the level or terms of federal participation change, the premium shown in (1) of the Schedule attributable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. Includes copynghicd matunal of ISO Propcrnev, Inc. with rts pennissiun_ U-0LI-67_'-A CW ta5~e4) Copyright Zurich 4mcnuan Insurance Company 2UU4 Page I ul I uo~.1503PasEU35~ ~a~. 15'71 PasF U 3 9 4 I ~c- i~,'r~~e~ ~n Proukbns n&elll vmkh reslrkt fie Sale, rental or rse of the tleSf16e0 Purl} erry Denuse d crier or race is Inralq xrtl unaniorcaaDle urWer Fslmal law. THE STATE OF TEXAS l WUNiY OF KERR I I hereby ceniry mar mis insvwrent was FILED In me Fk Nurtlbef Sequence qn the tlate antl at Vie time starrµd trerwn M me antl was tluy RECORDED b tlfe OMitlal PrIDIC Ravrds of Kert County. Teas m !~:: ~. 3 4 2006 ~~~~ COUNTY CLERK KERR COUMY, TEXAS PnwBh+s nelen wnkh rselad tlra Yb. nMGI ar use d the Oe9]0etl IX~ erybepuce d odor or race Is imaip and unenlprcyaDie VrOar FgYdei law. THE STATE OF TEXAS T COUNTY OF KERR 1 C~..~~r.~ I hereby teNFy mat mis irrpNmeM was FILED m the FAa Number SCWrfICB Pn the dale aM al the time ramped ner~n M ma antl was tlury RECORDED h the OAidal Publc RsoMS of Kart Gvwn. Tease on FEB 16 2006 ~OF~~ n~~~_~y//_~-yI~D r ~ } ~ ~%-~/ ~g ~ COUNTY CLERK KERR COUMY, TEXAS ,~ a~..,` ~ , , a.~t~,ipd,~ ~at...f.~;'+9~~~ r; ~"` .,1.. 8~" f1~ i' 1 ~ 2006 c r~~.