Section 25.07*2. Bond  


Latest version.
  • The  commissioner  shall require the applicant for a
      license to file with the application therefor a bond in due form to  the
      people  of  the political subdivision in which such license is issued in
      the penal sum of one thousand  dollars,  with  two  or  more  sufficient
      sureties  or  a  duly  authorized  surety  company,  which bond shall be
      approved by such commissioner. Each such bond shall be conditioned  that
      the  obligor  will  not  be  guilty  of any fraud or extortion, will not
      violate directly or indirectly any of the provisions of this article  or
      any of the provisions of the license or certificate provided for in this
      article,  will  comply  with the provisions of this article and will pay
      all damages occasioned to any person  by  reason  of  any  misstatement,
      misrepresentation,  fraud  or  deceit or any unlawful act or omission of
      such obligor, his agents or employees, while acting within the scope  of
      their  employment,  made,  committed  or  omitted in connection with the
      provisions of this article in the business conducted under such  license
      or  caused  by  any  other  violation of this article in carrying on the
      business for which such license is granted. Such commissioner shall keep
      books wherein shall  be  entered  in  alphabetical  order  all  licenses
      granted  and  all bonds received by him as provided for in this article,
      the date of the issuance of such license and the filing of  such  bonds,
      which  record  shall  be open to public inspection. A suit to recover on
      the bond required to be filed by the provisions of this article  may  be
      brought  in the name of the person damaged, upon the bond deposited with
      the political subdivision  by  such  licensed  person,  in  a  court  of
      competent  jurisdiction.  The amount of damages claimed by the plaintiff
      and not the penalty named in the bond shall determine  the  jurisdiction
      of  the  court in which the action is brought. One or more recoveries or
    
      payments upon such bond shall not vitiate the same but such  bond  shall
      remain  in  full force and effect, provided, however, that the aggregate
      amount of all such recoveries or payments shall not exceed the penal sum
      thereof.  Upon  the  commencement  of  any action or actions against the
      surety upon any such bond for a sum or sums aggregating or exceeding the
      amount of such bond the commissioner shall require a new and  additional
      bond  in  like amount as the original one, which shall be filed with the
      commissioner within thirty days after the demand  therefor.  Failure  to
      file  such  bond  within  such  period  shall  constitute  cause for the
      revocation of the license theretofore issued to the licensee  upon  whom
      such  demand shall have been made. Any suit or action against the surety
      on any bond  required  by  the  provisions  of  this  section  shall  be
      commenced within one year after the cause of action shall have accrued.
        * NB Effective May 16, 2010