By De La Garza H.B. No. 962
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reform of the laws of this state relating to bail; the
1-3 licensing and regulation of bail bondsmen; providing civil
1-4 penalties; providing criminal penalties; amending the Code of
1-5 Criminal Procedure relating to bail and the forfeiture of bail.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 1, Chapter 550, Acts of the 63rd
1-8 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-9 Civil Statutes), is amended to read as follows:
1-10 Sec. 1. Declaration Of Policy. The business of executing
1-11 bail bonds for compensation is declared to be a business affecting
1-12 the public interest. It is declared to be the policy of this state
1-13 to provide reasonable regulation to the end that the right of bail
1-14 be preserved and implemented by just and practical procedures to
1-15 insure the appearance of the principal when required consistent
1-16 with the rights and safety of its citizens under the Constitution
1-17 and laws of the United States and this State at the least expense
1-18 to the State or County. <governing the giving or making of bail
1-19 bond and other security to guarantee appearance of the accused.>
1-20 Sec. 1A. TITLE AND CITATION. This Act shall be known and
1-21 may be cited as the Bail Reform Act of 1993.
1-22 Sec. 2. Definitions. In this Act:
1-23 (a) <(1)> "Person" means an individual, <or> corporation, or
2-1 partnership.
2-2 (b) <(2)> "Bondsman" means <any> person who for <hire or
2-3 for> any compensation <deposits any cash or bonds or other
2-4 securities, or> executes as surety or cosurety any bond <for other
2-5 persons>.
2-6 (c) <(3)> "Bonding Business" means the business of executing
2-7 bonds for compensation <occupation in which a bondsman is engaged>.
2-8 (d) <(4)> "Corporation" means a corporation, foreign or
2-9 domestic, qualified to execute surety bonds under the Insurance
2-10 Code, as amended <"Company" includes corporations and other
2-11 business entities>.
2-12 (e) <(5)> "Bond" means a bail bond or any other bond
2-13 required by law in a criminal case and includes any cash or
2-14 security deposit authorized by the Code of Criminal Procedure made
2-15 <and any similar deposit or written undertaking> to assure the
2-16 appearance of a defendant in a criminal case. In this Act, the
2-17 term "bond" is limited to mean only a cash, personal or surety
2-18 bond.
2-19 (f) <(6)> "Board" means the County Bail Bond Board.
2-20 (g) "Partnership" means an association of two or more
2-21 persons to carry on a bonding business as co-owners or general
2-22 partners.
2-23 (h) "Financial resources" means the total, in the aggregate,
2-24 of any cash, cash equivalents, cashier's checks, certificates of
2-25 deposit or other authorized security held by the Custodian in the
3-1 bondsman's bail security fund account to secure the bondsman's
3-2 obligations to the county on executed bonds.
3-3 (i) "Custodian" means the county official, board, or entity
3-4 designated to maintain the records and perform the duties specified
3-5 in this Act regarding any bondsman's bail security fund account.
3-6 (j) "Net worth" means the difference between the assets of a
3-7 bondman and his liabilities. For the purpose of determining net
3-8 worth, declarations of forfeiture shall not be shown as liabilities
3-9 nor shall any liability which has been subordinated in writing to
3-10 the claims of the Board or the Custodian, as provided in Section
3-11 6(b)(4)(c) of this Act, be considered as a liability in calculating
3-12 net worth.
3-13 (k) "Cash equivalent" means any of the following:
3-14 (1) an irrevocable letter of credit issued by a
3-15 financial institution whose deposits are insured by an agency of
3-16 the United States Government payable to the Custodian on written
3-17 demand. Any such letter of credit shall be issued for a term of
3-18 not less than the remaining term of the bondsman's license and
3-19 contain a provision for thirty (30) days advance notice of
3-20 expiration.
3-21 (2) any obligation of a financial institution whose
3-22 deposits are insured by an agency of the United States Government
3-23 which can be reduced to cash by the Custodian without any action by
3-24 the bondsman.
3-25 (3) obligations, notes or bonds issued by this State
4-1 or its political subdivisions for terms of one (1) year or less
4-2 which can be reduced to cash by the Custodian without any action by
4-3 the bondsman.
4-4 (l) "Contingent" for the purpose of financial statements
4-5 filed pursuant to the Act means an existing condition, situation,
4-6 or set of circumstances which involves uncertainty because of
4-7 future events which may fail to occur. It does not include an
4-8 interest which is effective only upon the death of the bondsman by
4-9 will.
4-10 (m) "Cash" means money of the United States and does not
4-11 include credit or other evidence of money or documents when depend
4-12 upon the financial responsibility of any person or entity other
4-13 than the government of the United States or this State or a
4-14 cashier's check issued by a bank or financial institution who's
4-15 deposits are insured by an agency of the United States Government.
4-16 Sec. 3. Licensing Requirement and Eligibility. <The
4-17 provisions of this Act apply only to the execution of bail bonds in
4-18 counties having a population of more than 110,000 according to the
4-19 last federal census or in counties of less than 110,000 where a
4-20 board has been created. The creation of the board is within the
4-21 discretion of a majority of the officers of the county who would be
4-22 members of, or who would designate members of, the board as
4-23 provided under Subsection (b) of this section.>
4-24 (a) In any county where a bond is to be posted, <that has a
4-25 board> no person may act as a bondsman except:
5-1 (1) persons licensed by the Board of that county;
5-2 <under this Act, and>
5-3 (2) persons licensed to practice law in this state who
5-4 meet the requirements set forth in Subsection (e) of this Section
5-5 <3 of this Act>; and<.>
5-6 (3) in counties having a population of less than
5-7 110,000 persons according to the most recent federal census,
5-8 persons licensed by any Board in this state presenting a bond which
5-9 is certified by the County Sheriff of the county where the bondsman
5-10 is licensed. The Sheriff shall certify a bond under this section
5-11 if the bondsman has sufficient financial resources in his bail
5-12 security fund account to permit execution of the bond in the county
5-13 of licensing. Certification of such bond shall be made in writing,
5-14 shall state the date of certification and the dollar amount
5-15 certified and shall bear the signature of the Sheriff or his
5-16 authorized deputy.
5-17 (b) An <No> individual is eligible for and shall be issued a
5-18 license under this Act, if <unless> the individual:
5-19 (1) is a resident of this state and a citizen of the
5-20 United States;
5-21 (2) is at least twenty-one (21) <18> years of age;
5-22 (3) possesses a high school diploma or general
5-23 education degree, twenty-four (24) hours of college credit and
5-24 twenty (20) hours of bondsman's continuing education, as defined in
5-25 Section 4(g) of this Act. Provided, however, that this requirement
6-1 shall not apply to anyone who acted as a surety in counties in
6-2 which a license was not required prior to the effective date of
6-3 this Act nor to anyone licensed or previously licensed to execute
6-4 bonds by any Board in this State whose license has not been finally
6-5 revoked prior to the effective date of this Act; <sufficient
6-6 financial resources to provide indemnity against loss on such
6-7 obligations as he may undertake as required by Section 6 of this
6-8 Article.>
6-9 (4) in counties having a population of less than
6-10 110,000 persons according to the most recent federal census,
6-11 possesses a net worth of at least $10,000; or, in counties having a
6-12 population of 110,000 or more persons according to the most recent
6-13 federal census, possesses a net worth of at least $30,000;
6-14 (5) possesses the financial resources required by
6-15 Section 7 of this Act;
6-16 (6) submits an application which meets the
6-17 requirements of this Act for an individual;
6-18 (7) has not been:
6-19 (a) barred from the issuance of a license by a
6-20 valid order of a Board under Section 10 of this Act;
6-21 (b) found finally guilty of any felony within
6-22 the preceding ten (10) year period;
6-23 (c) found finally guilty of any misdemeanor
6-24 which involves moral turpitude, other than a Class C misdemeanor,
6-25 within the preceding one (1) year period; or
7-1 (d) found finally guilty of any felony offense
7-2 which directly relates to the duties and responsibilities of a bail
7-3 bondsman as defined in this Act; and,
7-4 (8) is not a peace officer, jailer, employee of a law
7-5 enforcement agency, judicial officer, court employee, or an
7-6 employee of any similar or related agency.
7-7 (c) A corporation is eligible for and shall be issued a
7-8 license under this Act, if the corporation: <No person shall be
7-9 eligible for a license under this Act, who after the effective date
7-10 of this Act, commits an offense for which he is finally convicted,
7-11 such offense being a felony or misdemeanor involving moral
7-12 turpitude>
7-13 (1) has a valid certificate of authority issued to it
7-14 by the State Board of Insurance, pursuant to article 8.20,
7-15 Insurance Code, as amended;
7-16 (2) designates in its application an agent who meets
7-17 the requirements for an individual set forth in Section 3(b),
7-18 subsections 1, 2, 3, 7 and 8 of this Act; and,
7-19 (3) submits an application which meets the
7-20 requirements of this Act for a corporation;
7-21 (d) Notwithstanding any statutory requirements to the
7-22 contrary, any designated and licensed agent of a corporation under
7-23 this Act shall not be required to be licensed as a "local recording
7-24 agent" nor shall any "managing general agent" of a corporation who
7-25 acts exclusively in the bail bonding business of the corporation be
8-1 required to be licensed as a "managing general agent", as those
8-2 terms are defined in the Insurance Code, as amended. <No
8-3 corporation is eligible to be licensed unless:>
8-4 <(1) it is chartered or admitted to do business in
8-5 this state; and>
8-6 <(2) it is qualified to write fidelity, guaranty and
8-7 surety bonds under the Texas Insurance Code, as amended.>
8-8 <Persons licensed to practice law in this state may execute bail
8-9 bonds or act as sureties for persons they actually represent in
8-10 criminal cases without being licensed under this Act, but they are
8-11 prohibited from engaging in the practices made the basis for
8-12 revocation of license under this Act and if found by the sheriff to
8-13 have violated any term of this Act, may not qualify thereafter
8-14 under the exception provided in this subsection unless and until
8-15 they come into compliance with those practices made the basis of
8-16 revocation under this Act. Notwithstanding any other provision of
8-17 this subsection, no person licensed to practice law shall be
8-18 relieved of liability on a bail bond he has executed for the sole
8-19 reason that he has not been employed to represent the principal on
8-20 the merits of the case if he has been paid a fee for the execution
8-21 of the bail bond.>
8-22 (e) Provided that there is no rule enacted by the Supreme
8-23 Court or the State Bar which prohibits persons licensed to practice
8-24 law in this state from executing bonds for their clients, a person
8-25 so licensed may execute bonds as surety for persons he actually
9-1 represents in a criminal case without being licensed under this
9-2 Act. However, persons licensed to practice law in this state are
9-3 prohibited from engaging in those practices made the basis for
9-4 revocation of license under this Act. If, after notice and a
9-5 hearing, such person is found by the sheriff to have violated any
9-6 term of this Act, he may not qualify under the exception provided
9-7 in this subsection unless and until he comes into compliance with
9-8 the terms of this Act. No person licensed to practice law in this
9-9 state shall execute a bond as surety in any case where he has not
9-10 been employed to represent the principal on the merits of the
9-11 criminal case nor shall he be relieved of liability on a bond he
9-12 has executed as surety for the reason that such employment has been
9-13 terminated <Persons licensed to practice law in this state may
9-14 execute bail bonds or act as sureties for persons they actually
9-15 represent in criminal cases without being licensed under this Act,
9-16 but they are prohibited from engaging in the practices made the
9-17 basis for revocation of license under this Act and if found by the
9-18 sheriff to have violated any term of this Act, may not qualify
9-19 thereafter under the exception provided in this subsection unless
9-20 and until they come into compliance with those practices made the
9-21 basis of revocation under this Act. Notwithstanding any other
9-22 provision of this subsection, no person licensed to practice law
9-23 shall be relieved of liability on a bail bond he has executed for
9-24 the sole reason that he has not been employed to represent the
9-25 principal on the merits of the case if he has been paid a fee for
10-1 the execution of the bail bond.>
10-2 (f) A partnership is eligible for and shall be issued a
10-3 license under this Act, if the partnership:
10-4 (1) is organized by a written partnership agreement;
10-5 (2) possesses the financial resources required by
10-6 Section 7 of this Act;
10-7 (3) in counties having a population of less than
10-8 110,000 persons according to the most recent federal census,
10-9 possesses a net worth of at least $10,000 times the number of
10-10 partners in the partnership; or, in counties having a population of
10-11 110,000 or more persons according to the most recent federal
10-12 census, possesses a net worth of at least $30,000 times the number
10-13 of partners in the partnership;
10-14 (4) includes as partners only individuals who each
10-15 meet the requirements set forth in Section 3(b) subsections 1, 2,
10-16 3, 7, and 8 of this Act for an individual; and
10-17 (5) submits an application which meets the
10-18 requirements of this Act for a partnership.
10-19 (g) Any person employed by or contracting with a bondsman to
10-20 provide any service which facilitates the execution of a specific
10-21 bond or requires contact with the general public, other than a bona
10-22 fide telephone answering service or the designated agent of a
10-23 corporate bondsman, must file an application for an identification
10-24 card with the Board. The application shall contain the information
10-25 required by Section 6(b)(1) of this Act, certify that the applicant
11-1 is in compliance with the terms of Section 3(b)(7) and (8) of this
11-2 Act, and be accompanied by an application fee of $25. The Sheriff
11-3 shall verify the information contained in the application and the
11-4 Chairman or staff of the Board shall issue an identification card
11-5 to a qualified applicant. The application shall act as a temporary
11-6 identification card until a final determination on the application
11-7 is made.
11-8 Sec. 4. RESPONSIBILITIES OF BONDSMEN <RECORDS REQUIRED OF
11-9 LICENSEES>. (a) A bondsman licensed under this Act shall maintain
11-10 a record of each bond on which the bondsman appears as surety and
11-11 shall maintain a separate set of records for each county in which
11-12 the bondsman is licensed. The records shall include the following
11-13 information for each bond executed and enforced:
11-14 (1) the style and number of the cause in which the
11-15 bond is given and if possible the court in which it is executed;
11-16 (2) the name and address of the defendant released on
11-17 bond;
11-18 (3) the amount of the bail set in the case; <and>
11-19 (4) the amount and type of security held by the
11-20 bondsman, together with a statement as to whether the security was
11-21 taken for payment of a bail bond fee or for assurance of the
11-22 principal's appearance in court or both and the conditions under
11-23 which the security will be returned. <No security shall be held
11-24 for both the payment of a bail bond fee and assurance of the
11-25 principal's appearance in court that is in excess of the particular
12-1 risk involved.>
12-2 (5) the name of the person who placed the security
12-3 with the bondsman; and
12-4 (6) the fee charged for the bond and by whom the fee
12-5 was paid.
12-6 (b) The records shall be <submitted to the board or a person
12-7 designated by the board> available for inspection during normal
12-8 business hours by a representative of the Board appointed in
12-9 writing upon presentment of a written request for inspection. The
12-10 appointment of such representative shall be a Board action. No
12-11 original document shall be taken from the inspection site pursuant
12-12 to an inspection under this subsection and the Board's
12-13 representative shall provide a receipt to the bondsman for any
12-14 copies of documents taken. The bondsman shall be afforded a
12-15 reasonable time to produce any lost, misplaced or archived document
12-16 not immediately available for inspection. The bondsman shall keep
12-17 the records required by this Act for a period of five years. <for
12-18 inspection prior to each renewal of the bondsman's license and
12-19 shall be available for inspection on demand by the board or its
12-20 authorized representative.>
12-21 (c) The bondsman shall notify the Board in writing of any
12-22 material change in the information submitted on the original
12-23 license application. Such notification shall be given thirty (30)
12-24 days prior to the effective date of any change in the information
12-25 specified in subsection (1) below and within thirty (30) days after
13-1 the date any change is effective for information specified in
13-2 subsections (2), (3), (4) and (5) below. For purposes of this
13-3 Section, material changes are defined as changes in:
13-4 (1) The business street, telephone number or mailing
13-5 address of the individual bondsman or agent of the licensee;
13-6 (2) The name of the bonding business;
13-7 (3) Any certificate of incorporation, authority, or
13-8 good standing filed by the bondsman;
13-9 (4) Any power of attorney which is required by this
13-10 Act. Provided, however, that any revocation of such power of
13-11 attorney shall not be effective until filed in writing with the
13-12 County Clerk and the Board; or
13-13 (5) The persons employed or contracting with the
13-14 bondsman who are subject to Section 3(h) of this Act.
13-15 (6) This subsection does not apply to changes in
13-16 financial resources deposited or withdrawn from the bondsman's bail
13-17 security fund account nor to any financial information or statement
13-18 otherwise required under this Act, unless the result of such change
13-19 is to reduce the net worth of the bondsman by twenty-five percent
13-20 (25%) or more.
13-21 (d) The bondsman shall submit copies of any new items that
13-22 fall within the parameters of Section 6(b)(4)(g) to the Custodian
13-23 within thirty (30) days of the date the new item is effective.
13-24 (e) A partnership licensed under this Act shall notify the
13-25 Board in writing of any proposed change in its partners before such
14-1 change is effective. The proposed partner shall submit the items
14-2 and information required of such partner by the relevant
14-3 subsections of Section 3 of this Act. If the proposed partner
14-4 meets the relevant requirements of Section 3 of this Act, the Board
14-5 shall issue a certificate of acceptance. If the new partner does
14-6 not meet the relevant requirements of Section 3 of this Act, the
14-7 Board shall notify the proposed partner and the partnership stating
14-8 that the change is refused and the facts and Sections of this Act
14-9 relied upon for such refusal.
14-10 (f) Each individual, corporate agent, or partner who will
14-11 execute bonds under this Act shall complete a minimum of eight (8)
14-12 hours of bondsman's continuing education by the anniversary date of
14-13 his license issuance each year. This requirement shall not apply
14-14 to any bondsman who is sixty-five (65) years or older or who has
14-15 maintained a bondsman's license for a minimum of fifteen (15) years
14-16 on the date this provision becomes effective. The Professional
14-17 Bondsmen of Texas Association shall conduct bondsman's continuing
14-18 education programs pursuant to this subsection which shall be
14-19 reasonably and directly related to the bonding business and the
14-20 Association may access a reasonable fee from each individual
14-21 registering for each such program. The Association shall provide
14-22 each individual in actual attendance at each such program with a
14-23 certificate of attendance which shall specify the name of the
14-24 person attending and the number of hours of the program. Such
14-25 certificate shall be conclusive proof of attendance by the named
15-1 individual for the number of hours of stated continuing education.
15-2 Sec. 5. County Bail Bond Board. (a) There is hereby
15-3 created in all counties <having a population of 110,000 or more,
15-4 according to the most recent federal census,> a County Bail Bond
15-5 Board. <In counties of less than 110,000, the creation of a county
15-6 bail bond board is within the discretion of a majority of the
15-7 officers of the county who would be members of, or who would
15-8 designate members of, such a Board under the provisions of this
15-9 Act.>
15-10 (b) Any Board created by election of the county under prior
15-11 law shall be composed of the persons specified in subsection (c) of
15-12 this section, after the effective date of this Act. In counties
15-13 having a population of less than 110,000 persons according to the
15-14 most recent federal census in which there is no Board on the
15-15 effective date of this Act, the County Sheriff shall act as the
15-16 County Bail Bond Board. Subject to all other provisions of this
15-17 Act, the County Sheriff may set a bail security fund requirement
15-18 which shall apply uniformly in his county. Such bail security fund
15-19 requirement may permit the use of varied types of security, but may
15-20 not require less than the minimum amount of security specified
15-21 under Section 7 of this Act. <The County Bail Bond Board shall be
15-22 composed of the following persons:>
15-23 <(1) the county sheriff or a designee from his office
15-24 who may be his administrator or a deputy sheriff of the rank of
15-25 sergeant or greater;>
16-1 <(2) a district judge of the county having
16-2 jurisdiction over criminal matters designated by the presiding
16-3 judge of the administrative judicial district;>
16-4 <(3) the county judge or a member of the commissioners
16-5 court designated by the county judge, or a designee approved by the
16-6 commissioners court;>
16-7 <(4) a judge of a county court or a county court at
16-8 law in the county having jurisdiction over criminal matters
16-9 designated by the commissioners court;>
16-10 <(5) the district attorney or his designee if that
16-11 person is an assistant district attorney;>
16-12 <(6) a licensed bondsman, licensed in the county,
16-13 elected by other county licensees;>
16-14 <(7) a justice of the peace;>
16-15 <(8) the district clerk or his designee;>
16-16 <(9) the county clerk or a designee from his office,
16-17 except in those counties where the county clerk has no criminal
16-18 matters jurisdiction; and>
16-19 <(10) the board may appoint a presiding judge of a
16-20 municipal court located within the county.>
16-21 <(10) the presiding municipal judge of the principal
16-22 city in a county in which the principal city designates a presiding
16-23 judge in its municipal court system.>
16-24 (c) In counties having a population of 110,000 or more
16-25 persons according to the most recent federal census, the County
17-1 Bail Bond Board shall be composed of the following persons:
17-2 (1) The County Sheriff or a designee from his office
17-3 who may be his administrator or a deputy sheriff of the rank of
17-4 sergeant or greater;
17-5 (2) A district judge of the county having jurisdiction
17-6 over criminal matters designated by the presiding judge of the
17-7 administrative judicial district;
17-8 (3) The County Judge or a member of the commissioners
17-9 court designated by the County Judge;
17-10 (4) A judge of a county court or a county court at law
17-11 in the county having jurisdiction over criminal matters designated
17-12 by the commissioners court;
17-13 (5) The District Attorney or his designee if that
17-14 person is an assistant district attorney;
17-15 (6) A bondsman licensed in the county and elected by
17-16 the licensed bondsmen of the county or his designee if that person
17-17 is also a bondsmen licensed in the County;
17-18 (7) A justice of the peace in the county;
17-19 (8) The District Clerk or a designee from his office;
17-20 (9) The County Clerk or a designee from his office,
17-21 except in those counties where the county clerk has no criminal
17-22 matter jurisdiction; and
17-23 (10) The Board may appoint a presiding judge of a
17-24 municipal court located within the county <The board shall meet
17-25 within 60 days after its creation. The board shall initially elect
18-1 one of its members as chairman who shall preside at all meetings to
18-2 be held thereafter at the call of the chairman>.
18-3 (d) Designees serve at the pleasure of the appointing
18-4 authority and until a new appointment is received by the Board.
18-5 Appointments are effective when received by the Board, shall be
18-6 entered in the records of the Board, and are made as follows:
18-7 <Four-members of the board shall constitute a quorum for the
18-8 conduct of business. All action by the board shall require the
18-9 vote of a majority of the members present. The board shall meet at
18-10 least once a month>
18-11 (1) A public official or body who has the right to
18-12 appoint a designee under this Section shall do so in writing
18-13 addressed to the Board.
18-14 (2) The bondsmen licensed in the county shall annually
18-15 elect their representative. The representative shall be named in
18-16 writing, addressed to the Board and signed by at least a majority
18-17 of the bondsmen licensed in the county, with each signature
18-18 acknowledged by a person authorized by law to take
18-19 acknowledgements.
18-20 (e) The Board shall meet within sixty (60) days after its
18-21 creation and shall initially elect one of its members as Chairman
18-22 who shall preside at all meetings. The Board shall thereafter
18-23 annually elect one of its members as Chairman. Meetings shall be
18-24 at the call of the Chairman or upon the written request of four
18-25 members of the Board <Unless clearly not required by this Act, all
19-1 rules, regulations, and actions of the board passed pursuant to
19-2 this Act shall be posted at an appropriate place in the courthouse
19-3 for a period of 10 days prior to their effective date>.
19-4 (f) Six (6) members of the Board shall constitute a quorum
19-5 for the conduct of business. All action by the Board shall require
19-6 the vote of a majority of the members present, except an action
19-7 under Section 10(k) of this Act shall require the affirmative vote
19-8 of at least eight (8) members of the Board. This subsection shall
19-9 not apply to those counties in which the Sheriff is the sole member
19-10 of the Board <In addition to the powers and duties given to the
19-11 County Bail Bond Board by this Act, the board has the following
19-12 powers and duties:>
19-13 <(1) To exercise any powers incidental or necessary to
19-14 the administration of this Act, to supervise and regulate all
19-15 phases of the bonding business and enforce this Act with in the
19-16 county, and to prescribe and post any rules necessary to implement
19-17 this Act;>
19-18 <(2) To conduct hearings and investigations and make
19-19 determinations respecting the issuance, refusal, suspension, or
19-20 revocation of licenses to bondsmen within the provisions of this
19-21 Act and to issue licenses to those applicants who qualify under the
19-22 terms of this Act, to refuse licenses to those applicants who do
19-23 not qualify, and to suspend or revoke the licenses of licensees who
19-24 commit violations under this Act or the rules prescribed by the
19-25 board under this Act;>
20-1 <(3) To require applicants and licensees to appear
20-2 before the board, and to administer oaths, examine witnesses, and
20-3 compel the production of pertinent books, accounts, records,
20-4 documents, and testimony by the licensee or applicant in its
20-5 hearings;>
20-6 <(4) To cause records and transcripts to be made of
20-7 all its proceedings;>
20-8 <(5) To maintain records and minutes and otherwise
20-9 operate its office affairs;>
20-10 <(6) To employ such employees to assist the board in
20-11 its functions as necessary;>
20-12 <(7) To furnish and post in each court in the county
20-13 having jurisdiction of criminal cases and each local official
20-14 responsible for the detention of prisoners in the county with
20-15 current lists of the bondsmen and their agents licensed and
20-16 approved in the county and to notify immediately each court and
20-17 local official when a bondsman's license is suspended or revoked or
20-18 an agent's authority is rescinded; and>
20-19 <(8) To file reports and furnish information on the
20-20 operation of the bonding business in the county at the request of
20-21 the Texas Judicial Council which shall report annually to the
20-22 governor and the legislature on or before December 1 of each year
20-23 on the operation of the bonding business in the state>.
20-24 (g) All rules and orders of the Board enacted pursuant to
20-25 this Act shall be posted at an appropriate place in the courthouse
21-1 for a period of ten (10) days prior to their effective date.
21-2 (h) All fees collected by the Board shall be deposited in
21-3 the general fund of the county for use in the administration and
21-4 enforcement of this Act. The Board shall be and is authorized to
21-5 receive disbursements from the general fund of the county for
21-6 reasonable expenses incurred in the enforcement of this Act;
21-7 however, service on the Board is considered an additional duty of
21-8 office. Members of the Board are not entitled to compensation for
21-9 such Board duties, but may receive reimbursement of any expenses
21-10 actually incurred as a result of their service on the Board.
21-11 (i) Any real property deeded by the Custodian to the Board
21-12 shall be disposed of and managed in a commercially reasonable
21-13 manner. The Board may contract with a real estate agent to sell
21-14 the property and to rent or manage the property pending sale. The
21-15 Board may authorize the agent to exercise any and all rights which
21-16 the Board may have incident to such sale or management of the
21-17 property and shall insure the property pending sale. The Board may
21-18 pay the agent a reasonable fee for such services and shall require
21-19 a fidelity bond from the agent sufficient to secure the amount of
21-20 funds anticipated to be received during management of the property.
21-21 All funds received by the agent in the course of the management of
21-22 the property shall be remitted to the Board monthly. Any sale of
21-23 real property under this Section must be for cash.
21-24 (j) The Board shall maintain current records of the total of
21-25 each bondsman's liability on outstanding bonds, liability on
22-1 declarations of forfeiture, and liability on final judgments on
22-2 bonds.
22-3 (k) The Board has the following powers and duties:
22-4 (1) To exercise any powers incidental or necessary to
22-5 the administration of this Act, to supervise its licensees, to
22-6 enforce this Act within the county, and to prescribe and post any
22-7 rules necessary to implement this Act;
22-8 (2) To conduct investigations and hearings; to make
22-9 determinations by written order respecting the issuance, refusal,
22-10 suspension, or revocation of licenses under the provisions of this
22-11 Act; to impose penalties upon persons who commit violations of the
22-12 provisions of this Act or the rules prescribed by the Board under
22-13 this Act; and to bar individuals from the bonding business under
22-14 Section 10 of this Act;
22-15 (3) To require by thirty (30) days written notice the
22-16 production of relevant books, accounts, records or documents and
22-17 the appearance of persons with knowledge pertinent to matters
22-18 pending before the Board.
22-19 (4) To apply to a district court in the county for an
22-20 order to compel the production of relevant books, accounts, records
22-21 or documents and the appearance of persons with knowledge pertinent
22-22 to matters pending before the Board;
22-23 (5) To administer oaths and to examine witnesses;
22-24 (6) To cause records and transcripts to be made of all
22-25 its proceedings;
23-1 (7) To maintain records and minutes and otherwise
23-2 operate its office affairs;
23-3 (8) To engage such employees to assist the Board in
23-4 its functions as necessary;
23-5 (9) To furnish each court in the county having
23-6 jurisdiction of criminal cases, each local official responsible for
23-7 the detention of prisoners in the county and each licensed bondsman
23-8 in the county with current lists of the bondsmen, their agents and
23-9 employees and to notify immediately each court and local official
23-10 when a license has been suspended or revoked, or an agent's
23-11 authority is rescinded; and
23-12 (10) To require bondsmen, attorneys, sheriffs, clerks
23-13 and Personal Bond Offices in the county to annually on or before
23-14 November 1 of each year to furnish information to the Texas
23-15 Judicial Council on bonds executed in the county by submission of
23-16 the following form:
23-17 ANNUAL BOND REPORT
23-18 for
23-19 19__ to 19__
23-20 Entity Reporting: County:
23-21 Name of Agent (if applicable): License No. (if applicable):
23-22 Name of Business (if applicable): Expiration (if applicable):
23-23 Mailing Address:
23-24 Number Dollar Amount
23-25 Bonds Executed:
24-1 Felony:
24-2 Misdemeanor:
24-3 Total:
24-4 Declarations of Forfeiture:
24-5 Felony Bonds:
24-6 Misdemeanor Bonds:
24-7 Total Bonds:
24-8 Final Judgments Entered:
24-9 Felony Bonds:
24-10 Misdemeanor Bonds:
24-11 Total:
24-12 Rearrest Costs Paid
24-13 Affidavits to Go Off Bond Filed:
24-14 Bills of Review Filed:
24-15 I, the undersigned, certify that this is an accurate record
24-16 of the information requested to the best of my knowledge.
24-17 _______________________________________________
24-18 Signature and Date
24-19 _____________________________
24-20 Typed Name and Title
24-21 Sec. 6. Application and Issuance of License. (a) Any
24-22 person desiring to act as a bondsman in any court of the county
24-23 shall file with the <County Bail Bond> Board a sworn application
24-24 for a license. The application shall <be in such form and shall>
24-25 contain the <such> information and be accompanied by the items
25-1 required by this Section <as the board may prescribe including the
25-2 following:> No license may be issued to any person who has not
25-3 complied with the requirements of this Act for applying for an
25-4 original or renewal license. At the time of filing an application
25-5 for a license, the Board shall provide the applicant with a copy of
25-6 this Act and with a copy of the current rules of the Board; the
25-7 applicant shall execute a receipt which acknowledges acceptance of
25-8 these items.
25-9 <(1) The name, age, and address of the applicant, and
25-10 if the applicant is a surety corporation, and whether chartered or
25-11 admitted to do business in this state and qualified to write
25-12 fidelity, guaranty, and surety bonds under the Texas Insurance
25-13 Code, as amended;>
25-14 <(2) The name under which the business shall be
25-15 conducted;>
25-16 <(3) The name of the place of places, including street
25-17 address and city, wherein the business is to be conducted;>
25-18 <(4) A statement listing any nonexempt real estate
25-19 owned by the applicant that the applicant intends to convey in
25-20 trust to the board to secure payment of any obligations incurred by
25-21 the applicant in the bonding business if the license is granted.
25-22 The following shall be included for each parcel listed:>
25-23 <(A) a legal description equivalent to the
25-24 description required to convey the property by general warranty
25-25 deed;>
26-1 <(B) current statements from each taxing unit
26-2 with power to assess or collect taxes against the property
26-3 indicating that there are no outstanding tax liens against the
26-4 property and indicating the net value of the property according to
26-5 the current appraisal made by a member of the Society of Real
26-6 Estate Advisors or a Member of Appraisal Institute, accompanied by
26-7 a statement from the applicant agreeing to keep all taxes paid on
26-8 the property while it remains in trust;>
26-9 <(C) a statement of the applicant that he will
26-10 not further encumber the property after conveying it in trust to
26-11 the County Bail Bond Board, without notifying and obtaining the
26-12 permission of the board;>
26-13 <(D) an agreement to insure and keep current the
26-14 insurance on any improvements on the property against any damage or
26-15 destruction while the property remains in trust, in the full amount
26-16 of the value claimed for the improvements;>
26-17 <(E) a statement indicating whether the
26-18 applicant is married and, if so, a sworn statement from the spouse
26-19 agreeing to transfer to the board, as a part of the trust, any
26-20 right, title, or interest that the spouse may have in the property;
26-21 and the spouse must execute the deeds of trust to any community
26-22 property placed in the security deposit required under this
26-23 section;>
26-24 <(5) A statement indicating the amount of cash or cash
26-25 value of any certificate of deposit or cashier's checks which the
27-1 applicant intends to place on deposit with the county treasurer to
27-2 secure payment of any obligations incurred by the applicant in the
27-3 bonding business if the license is granted;>
27-4 <(6) A complete, sworn financial statement;>
27-5 <(7) A declaration by the applicant that he will
27-6 comply with this Act and the rules prescribed by the board.>
27-7 (b) If the applicant is an individual, the application shall
27-8 contain:
27-9 (1) The name, date of birth, place of birth, driver's
27-10 license number or Texas Department of Public Safety-issued I.D.
27-11 card number, social security number and the business street,
27-12 telephone number, and mailing address of the applicant;
27-13 (2) The name under which the applicant shall conduct
27-14 his business. If an assumed name will be used, a copy of the
27-15 assumed name certificate which has been filed with the county clerk
27-16 as required by law;
27-17 (3) The place or places, including street address and
27-18 city, wherein the business is to be conducted;
27-19 (4) A schedule of any real property in the county, or
27-20 any contiguous county, owned by the applicant which the applicant
27-21 will apply toward the financial resources requirements of this Act,
27-22 if the application is granted. The following shall be included for
27-23 each parcel listed in the schedule:
27-24 (a) A certified copy of the deed by which title to the
27-25 property was conveyed to the applicant;
28-1 (b) Current statements from each taxing unit with
28-2 power to assess or collect taxes against the property indicating
28-3 that there are no outstanding tax liens against the property and
28-4 the current value placed upon the property for the purposes of
28-5 taxation and an appraisal of the property by a real estate
28-6 appraiser who is licensed or certified under the Texas Appraiser
28-7 Licensing and Certification Act (Article 6573a 2. Vernon's Texas
28-8 Civil Statutes).
28-9 (c) A statement from the applicant agreeing to keep
28-10 all taxes paid on the property while it remains in trust;
28-11 (d) A deed of trust executed by the applicant and
28-12 spouse (if any) in a standard form promulgated by the State Bar of
28-13 Texas which shall convey to the Custodian title to the property in
28-14 trust free and clear of any liens except taxes which are not then
28-15 due or payable and liens which contain the following specific
28-16 language: "This debt or lien is in all respects subordinate to the
28-17 lien of the Custodian, under the provisions of the Bail Reform Act
28-18 of 1993.";
28-19 (e) A note executed by the applicant payable to the
28-20 order of the Custodian in an amount equal to the appraised value of
28-21 the property, as determined under Section 6(b) (4) (b). The note
28-22 shall be due and payable upon thirty (30) days written notice;
28-23 (f) A mortgagee's policy issued by a title insurance
28-24 company authorized to execute title policies in this state,
28-25 insuring title to the property to the Custodian free and clear of
29-1 any liens except taxes which are not then due and payable or liens
29-2 which are in all respects subordinate to the lien of the Custodian.
29-3 The policy shall be in the amount of the note issued by the
29-4 applicant to the Custodian. A licensee who has previously pledged
29-5 real property under prior law shall have three (3) years from the
29-6 effective date of this Act in which to obtain and tender to the
29-7 Board the title insurance required by this subsection.
29-8 (g) If there are improvements on the property, proof
29-9 of hazard insurance which shall show the Custodian as the primary
29-10 loss payee. Such proof shall be dated no more than forty-five (45)
29-11 days prior to the date filed with the Board. The policy shall be
29-12 in the amount of the replacement value of the improvements.
29-13 (h) Copies of any liens upon the property and evidence
29-14 that such claims are subordinate in all respects to the lien of the
29-15 Custodian.
29-16 (5) A schedule of cash, cashier's checks, cash
29-17 equivalents, or certificates of deposit which the applicant will
29-18 apply toward the financial resources requirement of this Act, if
29-19 the application is granted;
29-20 (6) A full, complete, sworn financial statement which
29-21 includes an accurate listing of any and all persons or entities
29-22 having or claiming a financial interest, present or contingent, in
29-23 any aspect or asset, capital, income or proceeds, of the
29-24 applicant's proposed bonding business;
29-25 (7) A declaration by the applicant that he will comply
30-1 with this Act and the rules prescribed by the Board;
30-2 (8) If the applicant has been issued a license under
30-3 this Act by a Board in another county, the applicant shall certify
30-4 that he is in good standing in such named county or, if not in good
30-5 standing, state the reasons therefore. Good standing for the
30-6 purpose of this subsection requires that the applicant has no
30-7 unpaid final judgments for bond forfeitures in such other county,
30-8 has not been barred from the issuance of a license in such other
30-9 county, and that any license issued to him by such other Board has
30-10 not been finally revoked.
30-11 (9) Letters of recommendation from three reputable
30-12 persons, other than employees or relatives of the applicant, who
30-13 have known the applicant for a period of at least three (3) years.
30-14 Each letter shall recommend the applicant as having a reputation of
30-15 honesty, truthfulness, fair dealing and competency and shall
30-16 recommend that the license be granted;
30-17 (10) A recent photograph of the applicant and a set of
30-18 fingerprints of the applicant taken by a law enforcement agency
30-19 designated by the Board; and
30-20 (11) An application fee of $500. Subsections (9) and
30-21 (10) only apply to applications for an original license and do not
30-22 apply to an application for renewal of a license. <The application
30-23 of an individual for a license under this Act shall be accompanied
30-24 by letters of recommendation from three reputable persons who have
30-25 known the applicant for a period of at least three years. If the
31-1 applicant is a corporation, the letters shall be required for the
31-2 person to be in charge of its business in the county. Each letter
31-3 shall recommend the applicant or person who will be in charge of
31-4 its business as having a reputation of honesty, truthfulness, fair
31-5 dealing, and competency and shall recommend that the license be
31-6 granted. If the applicant or the person to be in charge of its
31-7 business has been licensed under this Act in another county, the
31-8 application shall be accompanied by a letter from each appropriate
31-9 board stating whether or not the applicant is in good standing in
31-10 the county where he is licensed.>
31-11 (c) If the applicant is a corporation, a separate license is
31-12 required for each of its agents; however, there is no maximum
31-13 number of licenses which may be issued to any one corporation. An
31-14 application by a corporation shall contain:
31-15 (1) The name of the corporation, the name and title of
31-16 its chief executive officer, the street and mailing address of its
31-17 principal office, the corporation's federal tax number, and the
31-18 name, street and mailing address of its registered agent for
31-19 service of process in this state;
31-20 (2) A certified copy of its certificate of
31-21 incorporation and, if a foreign corporation, a certificate of
31-22 authority to do business in this state;
31-23 (3) A certificate of good standing issued by the state
31-24 of incorporation and, if a foreign corporation, by this state,
31-25 dated no more than forty-five (45) days prior to filing with the
32-1 Board, together with the items required by Section 6(b)(8);
32-2 (4) A certified copy of the certificate of authority
32-3 issued to it by the State Board of Insurance, under the provisions
32-4 of art. 8.20 of the Insurance Code, as amended;
32-5 (5) A certified statement signed by its secretary that
32-6 there have been no material changes in the corporate status since
32-7 the dates indicated on the items required by subsections 2, 3, and
32-8 4 of this Section;
32-9 (6) For the agent named in its application, the items
32-10 required by Section 6(b) subsections 1, 2, 3, 9 and 10 of this Act
32-11 for individual applicants;
32-12 (7) A certified copy of the power of attorney issued
32-13 by the corporation to its named agent and filed with the county
32-14 clerk, which authorizes the agent to execute bonds for the
32-15 corporation and binds the corporation on any bond so executed; and
32-16 (8) An application fee of $500. for each agent of the
32-17 corporation. <The application shall be accompanied by a fee of
32-18 $500 for the filing of any original application, a photograph of
32-19 the applicant, and a set of fingerprints of the applicant taken by
32-20 a law enforcement officer designated by the board.>
32-21 (d) If the applicant is a partnership, the application shall
32-22 contain:
32-23 (1) The name of the partnership, the partnership's
32-24 federal tax number, and the street and mailing address of its
32-25 principal office, and the name, street and mailing address of its
33-1 registered agent for service of process in this state;
33-2 (2) A certified copy of the current partnership
33-3 agreement;
33-4 (3) A certificate of good standing issued by its state
33-5 of origin dated no more than forty-five (45) days prior to filing
33-6 with the Board. If the state of origin does not issue such
33-7 certificates of good standing, a document stating such fact must
33-8 accompany the application;
33-9 (4) A certified statement signed by each partner that
33-10 there have been no material changes in the partnership status since
33-11 the dates indicated on the items required by subsections 2 and 3 of
33-12 this Section;
33-13 (5) For the partnership, the items and information
33-14 required by Section 6(b) subsections 2, 3, 4, 5, 6, 7 and 8 of this
33-15 Act for individual applicants;
33-16 (6) For each partner, the items and information
33-17 required by Section 6(b) subsections 1, 7, 9, and 10 of this Act
33-18 for individual applicants;
33-19 (7) A certified copy of the power of attorney issued
33-20 by the partnership to each partner who will execute bonds which has
33-21 been filed with the County Clerk and binds the partnership on any
33-22 bond so executed; and
33-23 (8) An application fee of $500. for each partner in
33-24 the partnership <Prior to a hearing on the application, the board
33-25 or its authorized representative shall conduct necessary inquiries
34-1 to determine whether the applicant possesses the financial
34-2 responsibility and meets other requirements of this Act>.
34-3 (e) Within sixty (60) days after the filing of an
34-4 application for an original license, the Chairman or staff of the
34-5 Board shall make the necessary inquiries and shall issue a
34-6 preliminary determination regarding compliance with Sections 3 and
34-7 6 of this Act. <A hearing shall be held on the application after
34-8 the board conducts the inquiries required by Subsection (d) of this
34-9 section. The board may submit any questions to the applicant and
34-10 the applicant's agents relevant to its ruling on the application,
34-11 and the applicant is entitled to present or a land documentary
34-12 evidence to the board. If, after the hearing, the board is
34-13 satisfied that no grounds exist on which to refuse the application,
34-14 the board shall enter an order tentatively approving the
34-15 application subject to the application being perfected by the
34-16 filing of the security deposits required of licensees under this
34-17 Act. If the board is not so satisfied, it shall enter an order
34-18 refusing the license.>
34-19 (f) Within ninety (90) days after the filing of the
34-20 application, the Board shall hold a hearing upon the application.
34-21 A written notice mailed at least fifteen (15) days prior to the
34-22 hearing shall be sent to the applicant accompanied by a summary of
34-23 any basis for any preliminary determination that the license should
34-24 be denied which will be presented at the hearing. The applicant
34-25 has the burden of showing that he is entitled to a license and he
35-1 is entitled to present oral and documentary evidence at this
35-2 hearing. The Board may submit questions to the applicant, its
35-3 partners, or agents relevant to its ruling on the application. All
35-4 persons, including Board members, who testify or make factual
35-5 allegations before the Board shall be put under oath <Upon notice
35-6 from the board that the application has been tentatively approved,
35-7 the applicant shall then:>
35-8 <(1) deposit with the county treasurer of the county
35-9 in which the license is to be issued a cashier's check, certificate
35-10 of deposit, cash, or cash equivalent in the amount indicated by the
35-11 applicant under Subdivision (5) of Subsection (a) of Section 6 of
35-12 this Act but in no event less than $50,000 except in counties with
35-13 populations of less than 250,000 persons by the most recent federal
35-14 census, the amount for applicants in said counties shall be $10,000
35-15 to be held in a special fund to be called the bail security fund;
35-16 or>
35-17 <(2) execute in trust to the board deeds to the
35-18 property listed by the applicant under Subdivision (4) of
35-19 Subsection (a) of Section 6 of this Act, which property shall be
35-20 valued in the amount indicated on an appraisal by a member of the
35-21 Society of Real Estate Appraisers or a Member of Appraisal
35-22 Institute of the county in which it is located, but in no event
35-23 less than $50,000 valuation, except in counties with populations of
35-24 less than 250,000 persons by the most recent federal census, the
35-25 amount for applicants in said counties shall be $10,000, the
36-1 condition of the trust being that the property may be sold to
36-2 satisfy any final judgment forfeitures that may be made in bonds on
36-3 which the licensee is surety after such notice and upon such
36-4 conditions as are required by the Code of Criminal Procedure, 1965,
36-5 as amended, in bond forfeiture cases; the board shall file the
36-6 deeds of trust in the records of each county in which the property
36-7 is located, and the applicant shall pay the filing fees.>
36-8 <(3) If the licensee is a corporation, it shall
36-9 furnish to the sheriff an irrevocable letter of credit as a cash
36-10 equivalent to satisfy any final judgment of forfeiture that may be
36-11 made on any bonds on which the corporate licensee is surety>.
36-12 (g) At the hearing, if the Board finds that the application
36-13 and the applicant meet the requirements of this Act, the applicant
36-14 shall deposit with the Board any cash, cash equivalents,
36-15 certificates of deposit, letters of credit or documentation for
36-16 parcels of real property which were listed on the application as to
36-17 be applied to the financial resources requirements of this Act. If
36-18 the applicant deposits sufficient financial resources at the
36-19 hearing to meet the minimum financial resources requirements of
36-20 this Act, the Board shall issue an order of license approval. The
36-21 applicant may tender a commitment for title policy insurance and an
36-22 executed, but unrecorded, deed of trust at the hearing in lieu of
36-23 the mortgagee's policy required by Section 6(b)(4)(e); however, the
36-24 deed of trust shall be recorded immediately after approval of the
36-25 license and the bondsman's bail security fund account shall not
37-1 reflect the value of the real property pledged unless a mortgagee's
37-2 policy which complies with the requirements of Section 6(b)(4)(e)
37-3 is delivered to the Board within thirty (30) days of the date the
37-4 license was approved. Pending receipt of the specified real
37-5 property documentation, the Board shall issue a written order of
37-6 tentative approval of the license, if other financial resources
37-7 which are sufficient to meet the minimum requirements of this Act
37-8 have not been deposited. If the applicant does not deliver the
37-9 required real property documentation within thirty (30) days of the
37-10 Board's tentative approval, such approval is withdrawn and the
37-11 applicant must again comply with the requirements of this Act for
37-12 the issuance of an original license <No bondsman may execute, in
37-13 any county, bail bonds that in the aggregate exceed 10 times the
37-14 value of the property held as security on deposit or in trust under
37-15 Subsection (f) of this section. A county officer or employee
37-16 designated by the board shall maintain a current total of the
37-17 bondsman's potential liability on bonds in force, and no further
37-18 bonds may be written by or accepted from the bondsman when the
37-19 limit is reached. When a bondsman's total liability on judgments
37-20 nisi reaches two times the same amount as he has on deposit as
37-21 security, no further bonds may be written until the bondsman posts
37-22 additional security as required in this subsection. A bondsman
37-23 whose license is effective may, at any time, by posting additional
37-24 security, increase the bondsman's limit>.
37-25 (h) If the Board finds grounds under this Act to deny the
38-1 application, it shall enter a written order denying the application
38-2 within ten (10) days after the hearing. The order shall state the
38-3 facts and Sections of this Act relied upon by the Board for such
38-4 denial. Should the Board fail to enter a written order under this
38-5 subsection or under subsection (h) of this Section within one
38-6 hundred (100) days of the date the application is filed, an order
38-7 of denial of the license shall issue by law <The cash deposit or
38-8 the funds realized from the trust shall be used to pay the final
38-9 judgments of any bail forfeitures that result from the licensee's
38-10 execution of a bail bond, if the licensee fails to satisfy the
38-11 judgment within 30 days after a final judgment of forfeiture. When
38-12 any sums are depleted from the deposit or trust to pay a judgment
38-13 resulting from a forfeited bond, the licensee shall, as a condition
38-14 to continuing as a licensee, replenish the amount so depleted up to
38-15 the amount of the required minimum deposit to secure other bonds in
38-16 force. When the licensee ceases to engage in the business of
38-17 executing bail bonds and ceases to maintain his license, he may
38-18 withdraw his security deposit or trust upon presentment of a
38-19 release by the board, if there are not judgments or bond
38-20 liabilities, either actual or potential, outstanding against the
38-21 license. Any portion of the deposit or trust not used to pay
38-22 judgments or to secure unexpired obligations on existing bonds in
38-23 force shall be returned to the licensee or his heirs or assigns
38-24 upon presentment of a release by the board>.
38-25 (i) Each license, when issued, shall show on its face a
39-1 license number, date of issuance, date of expiration, and to whom
39-2 it is issued. It shall state that the licensee is authorized to
39-3 execute bonds as surety pursuant to this Act.
39-4 (j) Any individual who has applied and been found eligible
39-5 for a bondsman's license or partner pursuant to this Act may
39-6 transfer his or her interest in such license by will which
39-7 specifies the recipient of the interest by name. Upon receipt of a
39-8 certified copy of a will which provides for such transfer, the
39-9 Custodian shall have two (2) hours to verify the certification of
39-10 such copy and issue a temporary license in the name of the
39-11 decedent's named devisee. If the Board is acting as Custodian, the
39-12 Chairman of the Board shall perform such duties. The devisee
39-13 shall, within sixty (60) days of the date the temporary license is
39-14 issued, submit an application to the Board which complies with the
39-15 requirements of this Act for an original application of the type of
39-16 interest transferred and shows the devisee to be eligible to claim
39-17 the interest transferred by will. Any temporary license granted
39-18 under this subsection shall continue for a period of sixty (60)
39-19 days from the date of its issuance or, if the devisee timely
39-20 submits an application, until a final determination is made
39-21 concerning the devisee's eligibility under this Act, whichever
39-22 period is longer.
39-23 (k) Any person who has applied and been found eligible for a
39-24 bondsman's license pursuant to this Act may transfer such license
39-25 by filing with the Board an application to transfer license. The
40-1 application to transfer shall include those items and information
40-2 required for issuance of a new license under this Act, together
40-3 with a copy of the agreement under which the license is to be
40-4 transferred. If the transferee is licensed as a bondsman in the
40-5 county at the time the application is filed, the Board shall notify
40-6 the Custodian to transfer the assets and liabilities of the
40-7 transferor's bail security fund account to that of the transferee
40-8 on the date the application is filed and the application shall be
40-9 deemed to be approved as of that date. If the transferee is not
40-10 licensed as a bondsman in the county at the time the application is
40-11 filed, the application to transfer license shall be treated as an
40-12 application for a new license under the provisions of this Act and
40-13 the transfer of the assets and liabilities shall occur on the date
40-14 the new application is approved. Any agreement to transfer a
40-15 license under this subsection shall be made in writing, shall
40-16 include transfer of all assets and liabilities of the transferor's
40-17 bonding business, including outstanding bonds, declarations of
40-18 forfeiture and final judgments, and shall in no event relieve the
40-19 tranferor of liability on bonds executed prior to effective date of
40-20 the transfer.
40-21 Sec. 7. <CORPORATION AS SURETY> BAIL SECURITY FUND. (a)
40-22 The Board shall be the Custodian of all financial resources
40-23 required to be deposited by bondsmen under this Act, unless the
40-24 Commissioners Court of the County designates another County
40-25 official, board or entity to assume such custodial functions. The
41-1 Custodian, if other than the Board, shall give the Board written
41-2 notice of all actions, disbursements and receipts affecting a
41-3 bondsman's bail security fund account. Upon request by a bondsman,
41-4 the Custodian shall give a statement of any bail security fund
41-5 account held by him and may assess a reasonable fee to the bondsman
41-6 for this service. <Wherever in this Act any person is required or
41-7 authorized to give or execute any bail bond, such bail bond may be
41-8 given or executed by such principal and any corporation authorized
41-9 by law to act as surety. When any such corporation authorized by
41-10 law to act as a surety undertakes to be a surety on a bail bond,
41-11 such corporation, before being acceptable as a surety on a bail
41-12 bond, shall be required to meet the applicable requirements
41-13 prescribed by Section 6 of this Act before being acceptable as a
41-14 personal surety on a bail bond; Subsection (g) of Section 6 does
41-15 not apply to a corporate surety.>
41-16 (b) Upon receipt of an order of license approval or
41-17 tentative license approval, the Custodian shall establish and
41-18 maintain a bail security fund account for the bondsman. Cash, cash
41-19 equivalents, cashier's checks and certificates of deposit issued by
41-20 any financial institution whose deposits are insured by any agency
41-21 or department of the United States Government shall be credited to
41-22 this account at face value. Notes secured by real property shall
41-23 be valued at ninety percent (90%) of the face amount of the notes.
41-24 All items shall be made payable to the Custodian. <The certificate
41-25 of authority to do business in this state issued to a corporation
42-1 by the State Board of Insurance pursuant to Article 8.20, Insurance
42-2 Code, as amended, shall be conclusive evidence as to the
42-3 sufficiency of the security, the corporation's solvency, or its
42-4 credits.>
42-5 (c) In counties with populations of less than 200,000
42-6 persons by the most recent federal census, each individual,
42-7 partnership or limited partnership licensed as a bondsman is
42-8 required to maintain financial resources in his bail security fund
42-9 account which equal a minimum of fifty percent (50%) of his
42-10 outstanding liability on declarations of forfeiture, or $10,000,
42-11 whichever is greater <Any corporation which acts as a surety shall,
42-12 before executing any bail bond, first file in the office of the
42-13 county clerk of the county where such bail bond is given a power of
42-14 attorney designating and authorizing the named agent of such
42-15 corporation to execute said bail bonds by such agent. This power
42-16 of attorney shall be a valid and binding obligation of the
42-17 corporation. A separate license is required for each agent
42-18 operating under a corporate power of attorney>.
42-19 (d) In counties with populations of 200,000 persons or more
42-20 by the most recent federal census, each individual, partnership or
42-21 limited partnership licensed as a bondsman is required to maintain
42-22 financial resources in his bail security fund account which equal a
42-23 minimum of fifty percent (50%) of his liability on declarations of
42-24 forfeiture, or $50,000, whichever is greater <Notwithstanding any
42-25 statutory requirements to the contrary, any agent so designated and
43-1 licensed or approved hereunder for the purpose of writing bail
43-2 bonds shall not be required to be licensed as a local recording
43-3 agent as defined in Article 21.14, Texas Insurance Code, as amended
43-4 for the purpose of this Act>.
43-5 (e) In addition, a bondsman shall maintain financial
43-6 resources in his bail security fund account which equal a minimum
43-7 of ten percent (10%) of the face amount of all outstanding bonds
43-8 executed by him or, re-stated, a ratio of one (1) dollar of
43-9 financial resources to ten (10) dollars of bonds executed. The
43-10 bondsman shall maintain financial resources in his bail security
43-11 fund account in the greater of the minimum amount required by this
43-12 subsection or the minimum amount required by either subsection (c)
43-13 or (d) of this Section. <It shall be the duty of the board to
43-14 notify promptly the State Board of Insurance of default by a
43-15 corporation on any financial obligation which it undertakes in the
43-16 county.>
43-17 (f) In counties with populations of less than 200,000
43-18 persons by the most recent federal census, each corporation
43-19 licensed as a bondsman is required to maintain in each of the bail
43-20 security fund requested, and shall be deemed delivered on the date
43-21 deposited with the United States Postal Service; however, notice
43-22 and demand pursuant to Section 10 (k) of this Act shall be deemed
43-23 delivered when received by the bondsman, his employee or agent.
43-24 Any notice required shall be sent to the address shown on the
43-25 records of the Board.
44-1 Sec. 9B. PROHIBITED ACTS. A person who is required by this
44-2 Act to be licensed shall not:
44-3 (1) Make any material false statement or
44-4 misrepresentation in any document filed with the Board or in any
44-5 other written communication with the Board or its members, acting
44-6 in their official capacity.
44-7 (2) Fail to pay within thirty (30) days any final
44-8 judgment rendered on a bond or on expenses due the county for the
44-9 return of a principal on a bond executed by the bondsman;
44-10 (3) Tender to the Custodian any document which
44-11 contains false statements or misrepresentations.
44-12 (4) Pay any person not licensed or issued an
44-13 identification card under this Act compensation of any nature for
44-14 the referral of specific bond business or split with any such
44-15 person any fee received for the execution of any specific bond;
44-16 (5) Advertise or solicit bonds in any building where
44-17 prisoners are processed or confined, unless otherwise specifically
44-18 authorized by law;
44-19 (6) Recommend to any client the employment of a
44-20 particular attorney or firm of attorneys in a criminal case;
44-21 (7) Intentionally fail to keep those records required
44-22 to be maintained by this Act; <given by certified mail addressed to
44-23 the last known address of the licensee at least 10 days prior to a
44-24 date set for the hearing.>
44-25 (c) The Board shall access a civil penalty of up to $1,000
45-1 or suspend a bondsman's license for up to fifteen (15) days, if the
45-2 bondsman or anyone subject to this Act is found guilty of two (2)
45-3 violations of this Act in any one (1) year period <The notice shall
45-4 specify the charges of violation of this Act made against the
45-5 licensee, and no other charges shall be made at the hearing
45-6 pursuant to the notice>.
45-7 (d) The Board shall access a civil penalty of up to $5,000
45-8 and may suspend the bondsman's license for up to ninety (90) days,
45-9 if the bondsman or anyone subject to this Act is found guilty on
45-10 three (3) separate occasions in any twelve (12) month period of
45-11 having violated this Act. Each of the three violations must be
45-12 distinct and must occur subsequent in time to the finding of guilt
45-13 on the previous violation. This section shall not apply to
45-14 violations of Section 9B(2). <The hearing shall afford to the
45-15 licensee opportunity to be heard, to present witnesses in his
45-16 behalf, and to question witnesses against him.>
45-17 (e) The Board shall promptly notify the State Board of
45-18 Insurance of the failure of any corporation to timely pay any final
45-19 judgment on a bond. It shall be the duty of the State Board of
45-20 Insurance to promptly take the necessary action to resolve any
45-21 unpaid final judgment against any corporation licensed under this
45-22 Act <A record of the hearing shall be made. It shall be made
45-23 available to the licensee on his request subject to his paying
45-24 reasonable costs of transcription>.
45-25 (f) If, at any time, a bondsman's bail security fund account
46-1 contains financial resources valued at less than the minimum
46-2 amounts required by Section 7 of this Act, his license shall be
46-3 suspended automatically by operation of law. Upon increase of the
46-4 bondsman's financial resources to an amount which is equal to or
46-5 greater than the minimum amount required by this Act, such
46-6 suspension shall be immediately lifted by operation of law <If the
46-7 licensee fails to maintain the security deposit at the proper ratio
46-8 required by this Act, under Subsection (g) of Section 6 of this
46-9 Act, the board shall immediately suspend the license while the
46-10 violation continues. No prior notice or a hearing is necessary.
46-11 Once the proper ratio is regained, the suspension shall be
46-12 immediately lifted. The board shall revoke the license with prior
46-13 notice or hearing if the licensee fails to pay any final judgment
46-14 connected with the licensee's bonding business within 30 days and
46-15 there is not sufficient property held as security to satisfy the
46-16 final judgment>.
46-17 (h) The Board shall revoke a bondsman's license, if the
46-18 bondsman fails to pay any final judgment of bond forfeiture within
46-19 thirty (30) days after the Board receives written notice from the
46-20 Custodian that insufficient financial resources exist in his bail
46-21 security fund account to pay such final judgment. In counties
46-22 where the Board acts as Custodian, such revocation may occur
46-23 forty-five (45) days after the Board has given the bondsman written
46-24 notice of the deficiency.
46-25 (i) A bondsman whose license has been revoked in a county
47-1 may not apply in that county for an original or renewal license
47-2 under this Act for a period of one (1) year from the date of such
47-3 revocation.
47-4 (j) The Board shall impose a temporary bar against any
47-5 participation in any aspect of any bonding business upon a person
47-6 who is sentenced to a term of probation, adjudicated or
47-7 unadjudicated, for any misdemeanor offense relating to the duties
47-8 and responsibilities of a bondsman under this Act or for any felony
47-9 offense or who is on parole for any such felony offense. Such
47-10 temporary bar shall be lifted upon successful completion of the
47-11 term of probation or parole.
47-12 (k) The Board shall impose a permanent bar against any
47-13 person found guilty, by clear and convincing evidence, of the
47-14 misappropriation of bond fees or collateral taken in the course of
47-15 a bonding business. Misappropriation for the purposes of this
47-16 subsection is the failure, for over thirty (30) days after receipt
47-17 of written demand by the Board, to return any portion of the
47-18 proceeds of collateral not actually required for reimbursement of
47-19 legitimate costs incurred by the bondsman in the payment of a bond
47-20 forfeiture, costs for the return of the principal to custody, costs
47-21 of liquidation of the collateral to pay such bond forfeiture, or
47-22 other costs authorized by this Act or by written agreement between
47-23 the parties. Misappropriation also includes the retention, for
47-24 over thirty (30) days after receipt of written demand by the Board,
47-25 of any fee or collateral collected for the execution of a bond if
48-1 such bond was not actually executed. The bondsman may contest the
48-2 Board's demand by filing a sworn answer with the Board within
48-3 thirty (30) days after receipt of said demand. Such answer shall
48-4 show good cause for non-compliance with the demand and shall
48-5 entitle the bondsman to a hearing on the matter in accordance with
48-6 Section 9 of this Act. After such hearing, the Board may order
48-7 compliance with the demand within thirty (30) days and may access a
48-8 civil penalty which does not exceed one hundred percent (100%) of
48-9 the amount of the demand, if it determines that the bondsman's
48-10 answer was filed for the purposes of delay only and had no basis in
48-11 law or fact.
48-12 (l) The Board is authorized to determine if violations of
48-13 this Act have occurred and to impose the penalties specified in
48-14 this Section regardless of the licensed or unlicensed status of the
48-15 person charged, if the notice required by subsection (c) of Section
48-16 9 is postmarked within two (2) years of the date on which the
48-17 alleged violation occurred.
48-18 Sec. 11. ACTS SUBJECT TO CRIMINAL PENALTY <COURT REVIEW>.
48-19 (a) No person required to be licensed under this Act may execute a
48-20 bail bond without a license.
48-21 (b) No person in the bonding business shall, either directly
48-22 or indirectly, give, donate, lend, contribute, or promise to give,
48-23 donate, lend, or contribute to any person who is incarcerated, to
48-24 any judicial officer, attorney, police officer, sheriff, deputy,
48-25 constable, jailer, or to any employee of a law enforcement agency
49-1 any money or property for the referral of bail bond business.
49-2 (c) No attorney, police officer, constable, deputy, jailer,
49-3 employee of a law enforcement agency, judge, employee of a court,
49-4 public official, employee of a related agency, or any person not
49-5 shown in the records of the Board to be an agent or employee of the
49-6 bondsman may accept or receive from a bondsman any money, property,
49-7 or other thing of value as payment for the referral of specific
49-8 bail bond business.
49-9 (d) No police officer, sheriff, or deputy, constable,
49-10 jailer, employee of a law enforcement agency, judge, employee of a
49-11 court, or public official, employee of a related agency may
49-12 recommend to any person the name of any particular bondsman. In
49-13 all places where prisoners are examined, processed, or confined, a
49-14 list of the licensed bondsmen of that county shall be displayed.
49-15 (e) No bondsman or agent of a bondsman may solicit or
49-16 advertise business in a police station, jail, prison, detention
49-17 facility, or other place where persons in the custody of law
49-18 enforcement officials are detained, unless otherwise specifically
49-19 authorized by law.
49-20 (f) No person may advertise as a bondsman who does not hold
49-21 a valid license under this Act. An attorney may advertise that as
49-22 an attorney he can obtain the release of a client from jail, but
49-23 may not advertise as being in the bonding business nor as a
49-24 bondsman unless duly licensed under this Act.
49-25 (g) No bondsman, agent or employee of a bondsman may receive
50-1 security, money or other consideration for execution of a bond or
50-2 undertaking a surety obligation without issuing a receipt. The
50-3 receipt shall state the name of the person paying the consideration
50-4 or depositing the security, the amount received or the estimated
50-5 value of the property received, a brief description of the
50-6 consideration or security, the purpose for which it is received and
50-7 the name of the person receiving it. The bondsman or agent shall
50-8 retain a duplicate copy of the receipt which shall be available for
50-9 inspection upon written request by any person appointed in writing
50-10 by the Board of the county in which the bondsman is licensed.
50-11 (h) No person shall falsify any record required to be kept
50-12 under this Act.
50-13 (i) No person shall knowingly hide, conceal, fail to
50-14 disclose or otherwise obscure the true structure, ownership, or
50-15 financial interests represented in any bonding business.
50-16 (j) A person who violates subsection (a), (b), (c), (d),
50-17 (e), (f), or (g) of this Section shall be guilty of a Class A
50-18 misdemeanor.
50-19 (k) A person who violates subsection (h) or (i) of this
50-20 Section shall be guilty of a third degree felony.
50-21 Sec. 12. APPROVAL OF BOND <SURRENDER OF PRINCIPAL>. (a) In
50-22 any case where the posting of bond is required as a condition of
50-23 release, the sheriff shall accept or approve a bond posted by a
50-24 licensed bondsman, if such posting is not otherwise prohibited by
50-25 this Act <No person who executes a bail bond as a surety for a
51-1 principal may surrender the principal without the written
51-2 permission of the judge having jurisdiction of the case after the
51-3 person who executed the bail bond has executed an affidavit to be
51-4 filed with the clerk of the court stating:>
51-5 <(1) the date the bond was made;>
51-6 <(2) the fee paid for the bond; and>
51-7 <(3) the reason for the surrender.>
51-8 <(b) If the reason for surrender is deemed without
51-9 reasonable cause by the principal, any agent of the board, or any
51-10 attorney representing the state or any accused in the proceeding,
51-11 that person may bring the matter to the attention of the court.>
51-12 <(c) If the court determines that the person who surrendered
51-13 the principal did so without reasonable cause, the court in its
51-14 discretion may require that all or a part of the fees paid as a
51-15 condition for making the bail bond shall be returned to the
51-16 principal. In making the determination the court shall determine
51-17 what fees, whether denominated fees for the making of the bond or
51-18 not, were in fact paid for the purpose of inducing the surety to
51-19 make the bond.>
51-20 <(d) Notwithstanding any statute required to the contrary or
51-21 any provision in the bond, the court may not require or commit the
51-22 surety to remain during any appeal of a case without previous
51-23 approval of the surety. When a case is appealed without approval
51-24 of the surety, the bail shall be discharged. Nothing shall deny
51-25 the principal any right to an appeal bond as provided in the Code
52-1 of Criminal Procedure, 1965, as amended.>
52-2 Sec. 13. COURT REVIEW <REMITTITUR OF FORFEITED BONDS>. An
52-3 appeal may be taken from any final action or order rendered by the
52-4 Board or Custodian pursuant to this Act. Such appeal shall be
52-5 filed with the district court of the county where the Board or
52-6 Custodian is located within thirty (30) days after the entry of the
52-7 order and shall be by trial de novo, as in proceedings appealed
52-8 from justice to county courts. If no appeal is timely taken, the
52-9 action or order shall become final. All appeals taken from actions
52-10 or orders of the Board shall be against the Board and not against
52-11 its members individually and against the Custodian in his official
52-12 capacity, not individually. The decision of the Board shall have
52-13 full force and effect pending determination of the appeal, unless
52-14 cash or a certificate of deposit payable to the clerk of the court
52-15 and equal to the dollar amount of any civil penalty is deposited as
52-16 an appeal bond. If no civil penalty in a specific dollar amount is
52-17 to be appealed, the appeal bond shall be in the amount of $1,000.
52-18 <(a) Prior to final judgment on any forfeiture of an appearance
52-19 bond in a criminal case the attorney for the state may recommend to
52-20 the court settlement for an amount less than that stated in the
52-21 bond, or the court may upon its own motion approve such
52-22 settlement.>
52-23 (b) A copy of any order of the Board or the Custodian shall
52-24 be served upon the affected party in the manner that other notices
52-25 are required to be served by this Act <After a forfeiture, if the
53-1 defendant is incarcerated within two years of a judgment nisi, the
53-2 bondsman shall be entitled to a remittitur of at least 95 percent
53-3 if he presents a sworn affidavit stating that the defendant was
53-4 returned to custody, in part, as a result of money spent or
53-5 information furnished by the bondsman>.
53-6 <The remittitur shall be credited against an unpaid judgment
53-7 of forfeiture or if the judgment has been paid, the treasurer shall
53-8 refund at least 95 percent.>
53-9 (c) If the court finds that the final action or order of the
53-10 Board or Custodian, or the appeal of such order or action, was not
53-11 based in law or fact, it shall access attorney fees and costs
53-12 against the offending party and enter an award in favor of the
53-13 prevailing party, without regard to any sovereign immunity which
53-14 may be asserted. <The surety on appearance bonds in criminal cases
53-15 shall be absolved of liability upon disposition of the case, and
53-16 disposition as used herein shall mean a dismissal, acquittal, or
53-17 finding of guilty on the charges made the basis of the bond>.
53-18 Sec. 14. STANDING IN ACTION CONCERNING BAIL <APPROVAL OF
53-19 BOND>. (a) In any action concerning bail bonds or this Act
53-20 pending before any Board or court in this state, any person
53-21 licensed under this Act has standing to intervene in such action at
53-22 his own expense for the purpose of being heard <In any county or
53-23 district case in which the posting of bond is required as a
53-24 condition of release, the sheriff shall accept or approve a bond
53-25 posted by a licensed bondsman only in accordance with this Act and
54-1 the rules prescribed by the board, but a sheriff may not refuse to
54-2 accept a bail bond from a licensed bondsman who meets the
54-3 requirements of Subdivision (4) or (5) of Subsection (a) of Section
54-4 6 of this Act>.
54-5 (b) Any person licensed under this Act may bring an action
54-6 to enforce any provision of this Act in the district court of the
54-7 county in which the alleged violation occurred or the county in
54-8 which the defendant is licensed. The Board of the county in which
54-9 the suit is filed shall be served with a copy of any such suit by
54-10 registered, certified or express mail, return receipt requested and
54-11 may intervene in the action, in its discretion. The provisions of
54-12 Section 13 (c) shall apply to any suit brought pursuant to this
54-13 section.
54-14 Sec. 14A. DISCHARGE OF BOND <EFFECT OF DEFAULT BY
54-15 CORPORATION>. (a) Notwithstanding any law to the contrary, a
54-16 surety on bond shall be discharged of obligation on the bond by
54-17 operation of law if, before forfeiture, the case for which the bond
54-18 was given was disposed of by a plea of guilty, a finding of guilty
54-19 or not guilty, or the principal was placed upon probation or
54-20 deferred probation. If the principal enters a plea of guilty or is
54-21 found guilty, he must be immediately placed into custody and may be
54-22 released only upon the posting of a new bond, unless the surety on
54-23 the original bond agrees in writing to remain bound on the original
54-24 bond. <a corporation that is in default on five or more bail bonds
54-25 in a county may not act as a bail bondsman in that county>.
55-1 <(b) The clerk of the court in which the corporation is in
55-2 default on a bail bond shall deliver a written notice of the
55-3 default to the sheriff, chief of police, or other appropriate peace
55-4 officer in the county in which the bond is forfeited.>
55-5 <(c) A corporation is considered in default on a bail bond
55-6 from the time the trial court enters its final judgment on the
55-7 scire facias until the judgment is satisfied or set aside.>
55-8 <(d) For the purposes of this section, a corporation is not
55-9 considered in default on a bond if it deposits with the appropriate
55-10 court cash in the full amount of the judgment, pending appeal. The
55-11 deposit shall be applied to the payment of any final judgment in
55-12 the case.>
55-13 <Sec. 15. ACTS SUBJECT TO PENALTY. (a) No person required
55-14 to be licensed under this Act may execute a bail bond without a
55-15 license.>
55-16 <(b) No bondsman or agent of a bondsman may, by any means,
55-17 recommend or suggest to any person whose bail bond has been posted
55-18 the name of any particular attorney or firm of attorneys for
55-19 employment in connection with a criminal offense.>
55-20 <(c) No person in the bonding business shall, either
55-21 directly or indirectly, give, donate, lend, contribute, or promise
55-22 to give, donate, lend, or contribute any money or property to any
55-23 attorney, police officer, sheriff, or deputy, constable, jailer, or
55-24 employee of a law enforcement agency for the referral of bail bond
55-25 business.>
56-1 <(d) No attorney, police officer, constable, or deputy,
56-2 jailer, or employee of a law enforcement agency, judge or employee
56-3 of a court, or public official, or employee of a related agency, or
56-4 any person not shown in the records of the board to be an agent or
56-5 employee of the bondsman may accept or receive from a bondsman any
56-6 money, property, or other thing of value as payment for the
56-7 referral of bail bond business.>
56-8 <(e) No police officer, sheriff, or deputy, constable,
56-9 jailer, or employee of a law enforcement agency, judge or employee
56-10 of a court, or public official, or employee of a related agency may
56-11 recommend to any person or persons, family or such person or
56-12 persons, friends, relatives, or employer the name of any particular
56-13 bondsman. In all places where prisoners are examined, processed,
56-14 or confined, a list of licensed bondsmen of that county may be
56-15 displayed.>
56-16 <(f) No bondsman or agent of a bondsman may solicit business
56-17 in a police station, jail, prison, detention facility, or other
56-18 place where persons in the custody of law enforcement officials are
56-19 detained.>
56-20 <(g) No person may advertise as a bondsman who does not hold
56-21 a valid license under this Act.>
56-22 <(h) No bondsman or agent of a bondsman may receive money or
56-23 other consideration or thing of value for issuance of a bond or
56-24 undertaking of a surety obligation without issuing a receipt
56-25 indicating the name of the person paying the money or transferring
57-1 the property, the amount received or the estimated value of the
57-2 property received and briefly identifying it, the suit, action, or
57-3 matter for which it is received or is to be applied, and the name
57-4 of the person receiving it. The bondsman or agent shall retain a
57-5 duplicate copy of the receipt which shall be available for
57-6 inspection by representatives of the board of any county in which
57-7 the bondsman is licensed or by the appointed representatives of a
57-8 court in which the bondsman agrees to make bail or undertake other
57-9 surety obligations.>
57-10 <(i) No person shall falsify any records required to be kept
57-11 under this Act.>
57-12 <(j) A person who violates Subsection (a) or (g) of this
57-13 section shall be guilty of a Class C misdemeanor.>
57-14 <(k) A person who violates Subsection (b), (e), (f), (h), or
57-15 (i) of this section shall be guilty of a Class B misdemeanor.>
57-16 <(l) A person who violates Subsection (c) or (d) of this
57-17 section shall be guilty of a Class A misdemeanor.>
57-18 SECTION 2. Section 1, Chapter 722, Acts of the 59th
57-19 Legislature, Regular Session, 1965 (Article 17.01 Code of Criminal
57-20 Procedure), is amended to read as follows:
57-21 Art. 17.01. Definition Of "Bail." "Bail" is the security
57-22 given by the accused that he will appear and answer before the
57-23 proper court the accusation brought against him or make his
57-24 personal appearance before any court or agency of this state in a
57-25 criminal case as required by this Code, and includes as bail only a
58-1 surety bond, a cash bond, or a personal bond, as provided in the
58-2 Bail Reform Act of 1993.
58-3 SECTION 3. Section 1, Chapter 722, Acts of the 59th
58-4 Legislature, Regular Session, 1965 (Article 17.06 Code of Criminal
58-5 Procedure), is amended to read as follows:
58-6 Art. 17.06. <CORPORATION AS SURETY> MORE THAN ONE BAIL BOND
58-7 MAY BE GIVEN TO PROVIDE BAIL. Wherever in this Chapter, any person
58-8 is required <or authorized> to give <or execute any> bail <bond>,
58-9 such bail <bond> may be given <or executed> by such principal and
58-10 any person or persons <corporation> authorized by law to act as
58-11 surety by executing one or more bail bonds which in the aggregate
58-12 total the amount of bail set <subject to all the provisions of this
58-13 Chapter regulating and governing the giving of bail bonds by
58-14 personal surety insofar as the same is applicable>.
58-15 SECTION 4. Section 1, Chapter 722, Acts of the 59th
58-16 Legislature, Regular Session, 1965 (Article 17.07 Code of Criminal
58-17 Procedure), is amended to read as follows:
58-18 Art. 17.07. <CORPORATION TO FILE WITH COUNTY CLERK POWER OF
58-19 ATTORNEY DESIGNATING AGENT> COMPENSATED SURETIES. Any person who
58-20 for any compensation executes a bail bond as a surety must be
58-21 authorized by the Bail Reform Act of 1993, <corporation authorized
58-22 by the laws of this State to act as surety, shall before executing
58-23 any bail bond as authorized in the preceding Article, first file in
58-24 the office of the county clerk of the county where such bail bond
58-25 is given, a power of attorney designating and authorizing the named
59-1 agent, agents or attorney of such corporation to execute such bail
59-2 bonds and thereafter the execution of such bail bonds by such
59-3 agent, agents or attorney, shall be a valid and binding obligation
59-4 of such corporation>.
59-5 SECTION 5. Section 1, Chapter 722, Acts of the 59th
59-6 Legislature, Regular Session, 1965 (Article 17.10 Code of Criminal
59-7 Procedure), is amended to read as follows:
59-8 Art. 17.10. Disqualified Sureties. The following persons
59-9 cannot be a surety on a bail bond:
59-10 (a) a minor, but an accused minor may sign as
59-11 principal;
59-12 (b) any person who has signed on a bail bond as a
59-13 non-compensated surety and who is in default thereon shall be
59-14 disqualified to sign as a surety. Default is the non-payment of
59-15 the trial court's judgment when it becomes final and continues
59-16 until the judgment is satisfied <A minor cannot be surety on a bail
59-17 bond, but the accused party may sign as principal>. For the
59-18 purposes of this Code, a person licensed by the Supreme Court of
59-19 this state as an attorney who executes a bail bond as allowed by
59-20 the Bail Reform Act of 1993 acts as a non-compensated surety.
59-21 SECTION 6. Section 1, Chapter 722, Acts of the 59th
59-22 Legislature, Regular Session, 1965 (Article 17.11 Code of Criminal
59-23 Procedure), is amended to read as follows:
59-24 Art. 17.11. HOW BAIL BOND IS TAKEN. Sec. 1. Every court,
59-25 judge, magistrate or other officer taking a bail bond shall require
60-1 from every non-compensated surety evidence of the sufficiency of
60-2 the security offered; but in every case, one surety shall be
60-3 sufficient, if it be made to appear that such surety is worth at
60-4 least double the amount of the sum for which he is bound, exclusive
60-5 of all property exempted by law from execution, and of debts or
60-6 other encumbrances; and that he is a resident of this state, and
60-7 has property <therein> in the county liable to execution worth the
60-8 sum for which he is bound.
60-9 <Sec. 2. Provided, however, any person who has signed as a
60-10 surety on a bail bond and is in default thereon shall thereafter be
60-11 disqualified to sign as a surety so long as he is in default on
60-12 said bond. It shall be the duty of the clerk of the court wherein
60-13 such surety is in default on a bail bond, to notify in writing the
60-14 sheriff, chief of police, or other peace officer, of such default.
60-15 A surety shall be deemed in default from the time the trial court
60-16 enters its final judgment on the scire facias until such judgment
60-17 is satisfied or set aside.>
60-18 SECTION 7. Section 1, Chapter 722, Acts of the 59th
60-19 Legislature, Regular Session, 1965 (Article 17.13 Code of Criminal
60-20 Procedure), is amended to read as follows:
60-21 Art. 17.13. Sufficiency Of Sureties Ascertained. To test
60-22 the sufficiency of the security offered by a non-compensated surety
60-23 to any bail bond, unless the court or officer taking the same is
60-24 fully satisfied as to its sufficiency, the following oath shall be
60-25 made in writing and subscribed by the sureties:
61-1 "I, do swear that I am worth, in my own right, at least the
61-2 sum of (here insert the amount in which the surety is bound), after
61-3 deducting from my property all that which is exempt by the
61-4 Constitution and Laws of the State from forced sale, and after the
61-5 payment of all my debts of every description, whether individual or
61-6 security debts, and after satisfying all encumbrances upon my
61-7 property which are known to me; that I reside in ......... County,
61-8 and have property in this <State> County liable to execution worth
61-9 said amount or more.
61-10 (Dated ............, and attested by the judge of the court,
61-11 clerk, magistrate or sheriff.)"
61-12 Said affidavit shall be filed with the papers of the
61-13 proceedings.
61-14 SECTION 8. Section 1, Chapter 722, Acts of the 59th
61-15 Legislature, Regular Session, 1965, as amended by Section 2,
61-16 Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
61-17 (Article 22.01 Code of Criminal Procedure), is amended to read as
61-18 follows:
61-19 Art. 22.01. Bail Forfeited, When. When a defendant is bound
61-20 by bail to appear and fails to appear before <in> any court in
61-21 which such case may be pending or at any time when his personal
61-22 appearance is required under this Code before<, or by> any court,
61-23 <or> magistrate, agency, or public official, a forfeiture of his
61-24 bail and a <judicial> declaration of such forfeiture shall be taken
61-25 in the manner provided in Article 22.02 of this Code <and entered
62-1 by such court>.
62-2 SECTION 9. Section 1, Chapter 722, Acts of the 59th
62-3 Legislature, Regular Session, 1965 (Article 22.02 Code of Criminal
62-4 Procedure), is amended to read as follows:
62-5 Art. 22.02. Manner Of Taking A Forfeiture. Bail <Bonds and
62-6 personal bonds are> is forfeited in the following manner: (a) The
62-7 name of the defendant shall be called distinctly in <at> the
62-8 courtroom on the date the appearance is required. The court or
62-9 clerk shall note upon the docket sheet the fact of non-appearance
62-10 and that the call was made. Within thirty (30) days after the date
62-11 of non-appearance, the court shall enter a declaration of
62-12 forfeiture and show cause order that requires the defendant and his
62-13 sureties, if any, to show cause why the State of Texas should not
62-14 recover of the defendant, and of his sureties, if any, the amount
62-15 of the bond. The show cause order shall state that a final
62-16 judgment will be entered, unless good cause be shown why the
62-17 defendant did not appear, why the forfeiture should be exonerated,
62-18 or why the bond should be remitted by sworn answer filed with the
62-19 court within twenty-four (24) months from the date the declaration
62-20 of forfeiture was entered <courthouse door, and if the defendant
62-21 does not appear within a reasonable time after such call is made,
62-22 judgment shall be entered that the State of Texas recover of the
62-23 defendant the amount of money in which he is bound, and of his
62-24 sureties, if any, the amount of money in which they are
62-25 respectively bound, which judgment shall state that the same will
63-1 be made final, unless good cause be shown why the defendant did not
63-2 appear>. Unless the defendant makes his appearance within
63-3 twenty-one (21) days after the date of non-appearance, the court
63-4 shall not set aside a declaration of forfeiture unless otherwise
63-5 specifically authorized by this chapter. If a court finds a bond
63-6 insufficient under Article 17.09 of this code, it shall not release
63-7 the principal or his sureties until the principal is placed into
63-8 the custody of the sheriff where the case is pending. If the bond
63-9 is found insufficient after the non-appearance of a defendant, the
63-10 declaration of forfeiture is not affected.
63-11 (b) If the defendant fails to appear before any agency or
63-12 public official where his personal appearance is required under
63-13 this Code, the agency or public official shall make an affidavit of
63-14 this fact and file the affidavit with the court where the bond was
63-15 filed. The court shall then forfeit the bond in the same manner as
63-16 a non-appearance in that court. A docket entry by the judge or
63-17 clerk of a court or an affidavit of non-appearance by an agency or
63-18 public official under this Section shall be prima facie evidence of
63-19 the non-appearance of the defendant.
63-20 SECTION 10. Section 1, Chapter 722, Acts of the 59th
63-21 Legislature, Regular Session, 1965 (Article 22.03 Code of Criminal
63-22 Procedure), is amended to read as follows:
63-23 Art. 22.03. Citation To Sureties. Upon entry of a
63-24 declaration of forfeiture <judgment>, a citation shall issue within
63-25 30 days <forthwith> notifying the sureties of the defendant, if
64-1 any, that the bond has been forfeited, and requiring them to appear
64-2 and show cause why the declaration <judgment> of forfeiture should
64-3 not be made final, why the forfeiture should be exonerated, or why
64-4 the bond should be remitted by sworn answer filed with the court
64-5 within twenty-four (24) months from the date of the declaration of
64-6 forfeiture.
64-7 SECTION 11. Section 1, Chapter 722, Acts of the 59th
64-8 Legislature, Regular Session, 1965 (Article 22.04 Code of Criminal
64-9 Procedure), is amended to read as follows:
64-10 Art. 22.04. Requisites Of Citation. A citation shall be
64-11 sufficient if it <be in the form provided for citations in civil
64-12 cases in such court;> notifies the party to appear and show cause
64-13 why the declaration of forfeiture should not be made final, why the
64-14 forfeiture should be exonerated, or why the bond should be remitted
64-15 by the court within twenty-four (24) months from the date of the
64-16 declaration of forfeiture, provided, however, that a copy of the
64-17 declaration <judgment> of forfeiture entered by the court shall be
64-18 attached to the citation <and the citation shall notify the parties
64-19 cited to appear and show cause why the judgment of forfeiture
64-20 should not be made final>.
64-21 SECTION 12. Section 1, Chapter 722, Acts of the 59th
64-22 Legislature, Regular Session, 1965 (Article 22.05 Code of Criminal
64-23 Procedure), is amended to read as follows:
64-24 Art. 22.05. CITATION AS PROVIDED IN THIS CHAPTER <IN CIVIL
64-25 ACTIONS>. Sureties shall be entitled to notice by service of
65-1 citation, which shall be served by the clerk of the court upon the
65-2 surety at the address on the bond for the surety by certified,
65-3 registered or express mail, postage pre-paid, return receipt
65-4 requested <the length of time and in the manner required in civil
65-5 actions; and the officer executing the citation shall return the
65-6 same as in civil actions>. If the citation sent to the surety is
65-7 returned by the post office for any reason or if there is no
65-8 address on the bond for the surety, the clerk shall file a copy of
65-9 the citation and declaration of forfeiture with the county clerk
65-10 where the bond was filed. In such cases, the county clerk is the
65-11 agent for service of process for the surety and he shall keep
65-12 records of all citations and declarations of forfeiture filed with
65-13 him indexed by both the name of the surety and the name of the
65-14 principal. The return receipt received from the United States
65-15 Postal Service or a certified copy of the citation and declaration
65-16 of forfeiture as filed with the county clerk shall be prima facie
65-17 evidence of service upon the surety as required by this chapter.
65-18 It is the duty of any surety on a bond to check the records of the
65-19 county clerk of each county where he has executed bonds. It shall
65-20 not be necessary to give notice to the defendant unless he has
65-21 furnished his address on the bond, in which event notice to the
65-22 defendant shall be deposited in the United States mail directed to
65-23 the defendant at the address shown on the bond.
65-24 SECTION 13. Section 1, Chapter 722, Acts of the 59th
65-25 Legislature, Regular Session, 1965 (Articles 22.06 and 22.07 Code
66-1 of Criminal Procedure), is amended to read as follows:
66-2 Art. 22.06 is hereby repealed.
66-3 Art. 22.07 is hereby repealed.
66-4 SECTION 14. Section 1, Chapter 722, Acts of the 59th
66-5 Legislature, Regular Session, 1965, as amended by Section 3,
66-6 Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
66-7 (Article 22.10 Code of Criminal Procedure), is amended to read as
66-8 follows:
66-9 Art. 22.10. Scire Facias Docket. When a forfeiture has been
66-10 declared upon a bond, the court or clerk shall docket the case upon
66-11 the scire facias <or upon the civil> docket, in the name of the
66-12 State of Texas, as plaintiff, and the principal and his sureties,
66-13 if any as defendants; and the proceedings had therein shall be
66-14 governed by the same procedural rules governing <other> civil suits
66-15 except as otherwise provided in this chapter.
66-16 SECTION 15. Section 1, Chapter 722, Acts of the 59th
66-17 Legislature, Regular Session, 1965 (Article 22.11 Code of Criminal
66-18 Procedure), is amended to read as follows:
66-19 Art. 22.11. Sureties May Answer. After the declaration of
66-20 forfeiture <of the bond>, if the sureties, if any, have been duly
66-21 notified, the sureties, if any, may file a sworn answer in writing
66-22 and show cause why the defendant did not appear, why the forfeiture
66-23 should be exonerated, or why the bond should be remitted. Such
66-24 <which> sworn answer may be filed within twenty-four (24) months
66-25 after the date of the entry of the declaration of forfeiture <the
67-1 time limited for answering in other civil actions>. If the surety
67-2 has made a request for a confirmation from a law enforcement agency
67-3 as provided by this chapter, the time periods for filing a sworn
67-4 answer shall be extended as provided in Article 22.15a of this
67-5 chapter. A sworn answer with no basis in fact or law and for
67-6 purpose of delay only may subject the bondsman to a penalty of up
67-7 to twenty-five percent (25%) of the bond, pursuant to Article 22.14
67-8 of this chapter.
67-9 SECTION 16. Section 4, Chapter 312, Acts of the 67th
67-10 Legislature, Regular Session, 1981, as amended by Section 5.02(1),
67-11 Acts of the 70th Legislature, Regular Session, 1987, (Article
67-12 22.125 Code of Criminal Procedure), is amended to read as follows:
67-13 Art. 22.125. Powers of the Court. After a judicial
67-14 declaration of forfeiture is entered, if an answer has been timely
67-15 filed, the court may proceed with the trial required by Article
67-16 22.14 of this code. If no timely answer is filed, proceedings
67-17 shall be had in accordance with Article 22.15 of this chapter. The
67-18 court's jurisdiction in a proceeding to forfeit a bond in a
67-19 criminal case is limited and the court <may> shall enter a final
67-20 judgment, exonerate the defendant and his sureties, if any, from
67-21 liability on the forfeiture, remit the amount of the forfeiture, or
67-22 set aside the forfeiture only as expressly provided by this
67-23 chapter.
67-24 SECTION 17. Section 1, Chapter 722, Acts of the 59th
67-25 Legislature, Regular Session, 1965, (Article 22.14 Code of Criminal
68-1 Procedure) is amended to read as follows:
68-2 Art. 22.14. Judgment Final. <When, u>Upon trial of the
68-3 issues presented under the declaration of forfeiture, <no
68-4 sufficient cause is shown for the failure of the principal to
68-5 appear,> a <the> final judgment shall be entered. <made final>
68-6 no sufficient cause is shown for the failure of the principal to
68-7 appear, a final judgment shall be entered against him and his
68-8 sureties, if any, for the amount of the bond <in which they are
68-9 respectively bound; and the same shall be collected by execution as
68-10 in civil actions>. If it is shown that the bond should be
68-11 exonerated, a final judgment shall be entered that the State take
68-12 nothing <Separate executions shall issue against each party for the
68-13 amount adjudged against him>. If it is shown that the bond should
68-14 be remitted, a final judgment shall be entered which awards the
68-15 State the costs to the county for the return of the principal to
68-16 custody <The costs shall be equally divided between the sureties,
68-17 if there be more than one>. The total amount of any final judgment
68-18 entered pursuant to this Section shall not exceed the amount of the
68-19 bond; however, any penalty accessed under Art. 22.11 of this
68-20 Chapter shall be in addition to such amount. Notwithstanding any
68-21 statute or code to the contrary, no costs or fees shall be included
68-22 in any final judgment of forfeiture of a bond except as provided in
68-23 this chapter. Nothing herein shall limit the court's authority to
68-24 approve a settlement made pursuant to Art. 22.16 (c) of this
68-25 Chapter.
69-1 SECTION 18. Section 1, Chapter 722, Acts of the 59th
69-2 Legislature, Regular Session, 1965, (Article 22.15 Code of Criminal
69-3 Procedure) is amended to read as follows:
69-4 Art. 22.15. Judgment By Default. When any party has <the
69-5 sureties have> been duly cited and fails or neglects to file a
69-6 sworn answer<, and the principal also fails to answer> within the
69-7 time <limited> allowed for answering in this chapter, <other civil
69-8 actions>, a judgment for the amount of the bond shall be entered by
69-9 the court against such party who <the court shall enter judgment
69-10 final by defaulted> failed or neglected to file a timely answer.
69-11 Unless all parties to the case fail to file a timely answer, a
69-12 judgment entered pursuant to this Article shall be interlocutory
69-13 until a final judgment is entered against the other parties.
69-14 SECTION 19. The Code of Criminal Procedure is amended by
69-15 adding the following article:
69-16 Art. 22.15a. OTHER PROCEDURES. In a criminal bond
69-17 forfeiture case:
69-18 (1) a motion for new trial shall be filed within ten
69-19 (10) days after a final judgment is entered, and shall be overruled
69-20 by operation of law if a written order is not entered within ten
69-21 (10) days after the date the motion is filed.
69-22 (2) any appeal of a final judgment entered under this
69-23 chapter shall require a deposit with the clerk of the court of
69-24 cash, a supersedeas bond signed by a licensed corporate surety, or
69-25 a certificate of deposit, in an amount equal to the amount of the
70-1 judgment.
70-2 (3) the forfeiture of a bond can only be enforced
70-3 under this chapter.
70-4 (4) a declaration of forfeiture must be entered within
70-5 thirty (30) days after the date of non-appearance, otherwise the
70-6 bond is not enforceable.
70-7 (5) service must be made on a party within ninety (90)
70-8 days after the date the declaration of forfeiture is entered,
70-9 otherwise the bond is not enforceable.
70-10 (6) upon the filing of a sworn affidavit within the
70-11 time given to answer in Article 22.11 of this Chapter that a
70-12 request for confirmation of incarceration has been made under the
70-13 provisions of Article 22.16 (b) of this Chapter, the time period
70-14 allowed for answering a declaration of forfeiture shall be extended
70-15 to ten (10) days after the notice of confirmation from the law
70-16 enforcement agency is filed with the court. This section shall not
70-17 act to shorten the time given to answer which is specified in
70-18 Article 22.11, regardless of when the notice of confirmation is
70-19 filed.
70-20 SECTION 20. Section 1, Chapter 722, Acts of the 59th
70-21 Legislature, Regular Session, 1965, as amended by Section 5,
70-22 Chapter 312, Acts of the 67th Legislature, Regular Session, 1981,
70-23 Section 3, Chapter 1047, Acts of the 70th Legislature, Regular
70-24 Session, 1987 (Article 22.15 Code of Criminal Procedure) is amended
70-25 to read as follows:
71-1 Art. 22.16. Remittitur After Forfeiture. (a) After
71-2 forfeiture of a bond and before entry of a final judgment <the
71-3 expiration of the time limits set by Subsection (c) of this
71-4 article>, the court shall, on written motion or answer, remit to
71-5 the surety the amount of the bond after deducting the costs of
71-6 court as specified Subsection (e) of this Article, any reasonable
71-7 costs to the county for the return of the principal, and the
71-8 interest accrued on the bond amount as provided by Subsection
71-9 (<e>d) of this article, if:
71-10 (1) the principal is incarcerated in the county in which the
71-11 prosecution is pending;
71-12 (2) the principal is incarcerated in another jurisdiction
71-13 and the incarceration is verified as provided by Subsection (b) of
71-14 this article or shown by other proof;
71-15 (3) the principal is released on new bail in the case;
71-16 (4) is it shown that the principal is deceased or was
71-17 deceased at the time of the forfeiture;
71-18 (5) the case for which bond was given is dismissed;
71-19 (6) the proper authorities fail or refuse to extradite the
71-20 principal on the bond to the county where the declaration of
71-21 forfeiture is pending, after request by the surety for extradition
71-22 and acknowledgement of the surety's liability for the costs of such
71-23 extradition made in writing; or,
71-24 (7) the case for which the bond was given was disposed of by
71-25 a plea of guilty, or a finding of guilty or not guilty, or the
72-1 principal was placed upon probation or deferred probation.
72-2 (b) For the purposes of Subsection (a)(1) and (2) of this
72-3 article, a surety may request confirmation of the incarceration of
72-4 his principal by written request to the law enforcement agency of
72-5 the county where the prosecution was or is pending. A law
72-6 enforcement agency in this state that receives a request for
72-7 verification shall within thirty (30) days after it receives the
72-8 request notify the court in which the prosecution is or was pending
72-9 and the surety whether or not the principal is or has been
72-10 incarcerated <in another jurisdiction> and the date of the
72-11 incarceration. A surety making a request for confirmation shall
72-12 pay a fee of $10 for confirmations from jurisdictions within this
72-13 state and $25 for confirmations from jurisdictions outside of this
72-14 state.
72-15 (c) Notwithstanding any other provision of this Chapter, the
72-16 prosecuting authority in any jurisdiction in which a declaration of
72-17 forfeiture is pending may agree to and sign an Agreed Final
72-18 Judgment of the bond forfeiture, regardless of whether the
72-19 principal on the bond is incarcerated. Any such Agreed Final
72-20 Judgment may be made if the prosecuting authority, in his
72-21 discretion, deems that the interests of the jurisdiction would be
72-22 served thereby and shall include an affirmative statement that the
72-23 surety waives any right to subsequently file a motion for new
72-24 trial, an appeal, or a bill of review in the case. No such Agreed
72-25 Final Judgment shall be approved by the court more than sixty (60)
73-1 days after the date of the entry of the declaration of forfeiture.
73-2 The court in which the declaration of forfeiture is pending shall
73-3 approve a settlement of the bond forfeiture which meets the
73-4 conditions of this subsection. <A final judgment may be entered
73-5 against a bond not earlier than:>
73-6 <(1) nine months after the date the forfeiture was entered,
73-7 if the offense for which the bond was given is a misdemeanor; or>
73-8 <(2) 18 months after the date the forfeiture was entered, if
73-9 the offense for which the bond was given is a felony.>
73-10 (d) Interest accrues on the bond amount from the date a
73-11 declaration of forfeiture is entered until the date of the
73-12 occurrence of an event specified in Subsection (a) of this Article
73-13 at the rate provided for the accrual of prejudgment interest in
73-14 civil cases <After the expiration of the time limits set by
73-15 Subsection (c) of this article and before the entry of a final
73-16 judgment against the bond, the court in its discretion may remit to
73-17 the surety all or part of the amount of the bond after deducting
73-18 the costs of court, any reasonable costs to the county for the
73-19 return of the principal, and the interest accrued on the bond
73-20 amount as provided by Subsection (e) of this article>.
73-21 (e) For the purposes of this article, costs of court in a
73-22 misdemeanor bond forfeiture case are $25 and in a felony bond
73-23 forfeiture case are $50 <interest accrues on the bond amount from
73-24 the date of forfeiture in the same manner and at the rate as
73-25 provided for the accrual of prejudgment interest in civil cases>.
74-1 SECTION 21. (a) Any person initially applying for any
74-2 license after the effective date of this Act shall be governed by
74-3 this Act.
74-4 (b) Any license issued prior to the effective date of this
74-5 Act shall be governed by the law in effect at the time the license
74-6 was issued; however, at the time of first renewal of such license
74-7 or the expiration of one (1) year from the effective date of this
74-8 Act, whichever is greater, this Act shall govern such licenses.
74-9 (c) Persons not subject to licensing as a bondsman prior to
74-10 the effective date of this Act shall comply with this Act within
74-11 one (1) year of its effective date.
74-12 (d) A bond, or the forfeiture of such a bond, given before
74-13 September 1, 1993, shall be governed by the law in effect at the
74-14 time the bond was executed.
74-15 (e) Bail set and bonds executed on or after September 1,
74-16 1993 shall be governed by this Act.
74-17 (f) The former law is continued in effect for the purposes
74-18 of subsections (b), (c) and (d) of this Section only.
74-19 SECTION 22. The Board shall make all transfers of security
74-20 to the Custodian which are necessary to comply with this Act and
74-21 may require its licensees to execute necessary documents to achieve
74-22 such transfer and compliance. The Board may not require new or
74-23 additional security from its current licensees to effectuate such
74-24 transfer, however.
74-25 SECTION 23. The importance of this legislation and the
75-1 crowded condition of the calendars in both houses create an
75-2 emergency and an imperative public necessity that the
75-3 constitutional rule requiring bills to be read on three separate
75-4 days in each house be suspended, and this rule is hereby suspended,
75-5 and that this Act take effect and be in force from and after its
75-6 passage, and it is so enacted.