By De La Garza, Carona, Kamel, Place H.B. No. 1214
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to bail and the regulation of bail bondsmen; providing
1-3 criminal and civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Chapter 550, Acts of the 63rd
1-6 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 3. Licensing AND EDUCATIONAL REQUIREMENTS <Requirement>
1-9 and Eligibility. (a) Except as provided by Subsection (g) of this
1-10 section, the <The> provisions of this Act apply only to the
1-11 execution of bail bonds in counties having a population of more
1-12 than 110,000 according to the last federal census or in counties of
1-13 less than 110,000 where a board has been created. The creation of
1-14 the board is within the discretion of a majority of the officers of
1-15 the county who would be members of, or who would designate members
1-16 of, the board as provided under Subsection (b) of this section.
1-17 (b) No <(a) In a county that has a board, no> person may
1-18 act as a bondsman except:
1-19 (1) persons licensed under this Act; or<, and>
1-20 (2) persons licensed to practice law in this state who
1-21 meet the requirements set forth in Subsection (f) <(e)> of this
1-22 section <Section 3 of this Act>.
1-23 (c) <(b)> No individual is eligible for a license under this
2-1 Act unless the individual:
2-2 (1) is a resident of this state and a citizen of the
2-3 United States;
2-4 (2) is at least 21 <18> years of age;
2-5 (3) possesses sufficient financial resources to
2-6 provide indemnity against loss on such obligations as he may
2-7 undertake as required by Section 6 of this Act <Article>;
2-8 (4) is not, or is not married to, a peace officer,
2-9 jailer, employee of a law enforcement agency, judicial officer,
2-10 court employee, or an employee of any similar or related agency;
2-11 and
2-12 (5) possesses a high school diploma or equivalency
2-13 degree, 24 hours of credit from an institution of higher education,
2-14 and 20 hours of bondsman's continuing education.
2-15 (d) <(c)> No person shall be eligible for a license under
2-16 this Act, who after the effective date of this Act, commits an
2-17 offense for which he is finally convicted, such offense being any
2-18 <a> felony or a misdemeanor involving moral turpitude.
2-19 (e) <(d)> No corporation is eligible to be licensed unless:
2-20 (1) it is chartered or admitted to do business in this
2-21 state; and
2-22 (2) it is qualified to write fidelity, guaranty and
2-23 surety bonds under the Texas Insurance Code, as amended.
2-24 (f) <(e)> Persons licensed to practice law in this state may
2-25 execute bail bonds or act as sureties for persons they actually
3-1 represent in criminal cases without being licensed under this Act,
3-2 but they are prohibited from engaging in the practices made the
3-3 basis for revocation of license under this Act and if found by the
3-4 sheriff to have violated any term of this Act, may not qualify
3-5 thereafter under the exception provided in this subsection unless
3-6 and until they come into compliance with those practices made the
3-7 basis of revocation under this Act. Notwithstanding any other
3-8 provision of this subsection, no person licensed to practice law
3-9 shall be relieved of liability on a bail bond he has executed for
3-10 the sole reason that he has not been employed to represent the
3-11 principal on the merits of the case if he has been paid a fee for
3-12 the execution of the bail bond.
3-13 (g) In a county that does not have a board the sheriff shall
3-14 issue a license to a person or a corporation meeting the
3-15 requirements of Subsections (c), (d), and (e) of this section and
3-16 Section 3A of this Act. The sheriff may set uniform rules for bail
3-17 bondsmen in the county. The other provisions of this Act have no
3-18 application in such counties.
3-19 SECTION 2. Chapter 550, Acts of the 63rd Legislature,
3-20 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
3-21 Statutes), is amended by adding Sections 3A and 3B to read as
3-22 follows:
3-23 Sec. 3A. BONDSMAN'S CONTINUING EDUCATION REQUIREMENTS. (a)
3-24 An individual licensed under this Act who executes bonds shall
3-25 complete each year eight or more hours of bondsman's continuing
4-1 education before the anniversary date of the issuance of the
4-2 individual's license. This requirement does not apply to a
4-3 bondsman who is 65 years or older or who has maintained a
4-4 bondsman's license for 15 years before September 1, 1993.
4-5 (b) The attorney general shall determine if a bondsman's
4-6 continuing education program offered under this section is
4-7 reasonably and directly related to the bonding business and shall
4-8 approve or disapprove the program. Each program offered must
4-9 include education directly related to the bondsman's rights and
4-10 responsibilities when rearresting a principal on a bond who has
4-11 failed to appear in court.
4-12 (c) The attorney general may approve fees to be charged by
4-13 providers of a bondsman's continuing education program.
4-14 (d) A program provider shall give an individual in
4-15 attendance at a program a certificate of attendance specifying the
4-16 name of the person attending and the number of hours of the
4-17 program. A certificate is conclusive proof of attendance by the
4-18 named individual for the number of stated hours of continuing
4-19 education.
4-20 (e) A fee of $20 shall be taxed as costs in each final
4-21 judgment entered against a licensed surety on a bail bond in
4-22 addition to any other cost authorized by law. One-half of the fees
4-23 collected under this subsection shall be deposited in the county
4-24 treasury in a special fund to be administered by the county
4-25 attorney, district attorney, or criminal district attorney
5-1 representing the state in the forfeiture. Expenditures from this
5-2 fund shall be at the sole discretion of the attorney and may be
5-3 used to defray the salaries and expenses of the office, but in no
5-4 event may the county attorney, district attorney, or criminal
5-5 district attorney supplement his or her salary from this fund. The
5-6 balance of the fees collected shall be remitted to the Texas
5-7 attorney general annually.
5-8 Sec. 3B. IDENTIFICATION CARD. (a) A person employed by or
5-9 contracting with a bondsman to provide a service that facilitates
5-10 the execution of a specific bond or requires contact with the
5-11 general public, other than a telephone answering service or the
5-12 designated agent of a corporate bondsman, shall file an application
5-13 for an identification card with the board.
5-14 (b) An application must contain the name, address, and date
5-15 of birth of the applicant and must be accompanied by an application
5-16 fee of $25.
5-17 (c) An identification card may not be issued to a person
5-18 who:
5-19 (1) is, or is married to, a peace officer, jailer,
5-20 employee of a law enforcement agency, judicial officer, court
5-21 employee, or an employee of any similar or related agency; or
5-22 (2) is found finally guilty of any felony or of a
5-23 misdemeanor involving moral turpitude other than a Class C
5-24 misdemeanor, if the application is made less than 15 years before
5-25 the date of the termination of the sentence, parole, mandatory
6-1 supervision, probation, or deferred probation served for that
6-2 offense.
6-3 (d) The sheriff shall verify the information contained in
6-4 the application and the board shall issue an identification card to
6-5 a qualified applicant. The application is considered a temporary
6-6 identification card until a final determination on the application
6-7 is made.
6-8 (e) A person may be issued more than one identification
6-9 card. If a card is revoked or suspended by the board for a
6-10 violation of this Act, all cards issued to that person are revoked
6-11 or suspended.
6-12 (f) In Sections 9, 10, 11, and 15 of this Act, the term
6-13 "bondsman" or "licensee" includes a person who holds an
6-14 identification card issued under this section.
6-15 (g) It shall be unlawful for a person who holds an
6-16 identification card issued under this section to indemnify a
6-17 licensee for any obligation upon which the licensee appears as
6-18 surety.
6-19 SECTION 3. Section 5, Chapter 550, Acts of the 63rd
6-20 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
6-21 Civil Statutes), as amended by Chapters 641 and 921, Acts of the
6-22 70th Legislature, Regular Session, 1987, is amended by amending
6-23 Subsections (b) and (f) and adding Subsections (g), (h), (i), (j),
6-24 and (k) to read as follows:
6-25 (b) The County Bail Bond Board shall be composed of the
7-1 following persons:
7-2 (1) the county sheriff or a designee from his office
7-3 who may be his administrator or a deputy sheriff of the rank of
7-4 sergeant or greater;
7-5 (2) a district judge of the county having jurisdiction
7-6 over criminal matters designated by the presiding judge of the
7-7 administrative judicial district;
7-8 (3) the county judge or a member of the commissioners
7-9 court designated by the county judge, or a designee approved by the
7-10 commissioners court;
7-11 (4) a judge of a county court or a county court at law
7-12 in the county having jurisdiction over criminal matters designated
7-13 by the commissioners court;
7-14 (5) the district attorney or his designee if that
7-15 person is an assistant district attorney;
7-16 (6) a licensed bondsman, licensed in the county,
7-17 elected by other county licensees;
7-18 (7) a justice of the peace;
7-19 (8) the district clerk or his designee;
7-20 (9) the county clerk or a designee from his office,
7-21 except in those counties where the county clerk has no criminal
7-22 matters jurisdiction; <and>
7-23 <(10) the board may appoint a presiding judge of a
7-24 municipal court located within the county>
7-25 (10) the presiding municipal judge of the principal
8-1 city in a county in which the principal city designates a presiding
8-2 judge in its municipal court system; and
8-3 (11) the county treasurer, the county treasurer's
8-4 designee, or the person designated by law to perform the duties of
8-5 treasurer.
8-6 (f) In addition to the powers and duties given to the County
8-7 Bail Bond Board by this Act, the board has the following powers and
8-8 duties:
8-9 (1) To exercise any powers incidental or necessary to
8-10 the administration of this Act, to supervise and regulate all
8-11 phases of the bonding business and enforce this Act within the
8-12 county, and to prescribe and post any rules necessary to implement
8-13 this Act;
8-14 (2) To conduct hearings and investigations and make
8-15 determinations respecting the issuance, refusal, suspension, or
8-16 revocation of licenses to bondsmen within the provisions of this
8-17 Act and to issue licenses to those applicants who qualify under the
8-18 terms of this Act, to refuse licenses to those applicants who do
8-19 not qualify, and to suspend or revoke the licenses of licensees who
8-20 commit violations under this Act or the rules prescribed by the
8-21 board under this Act;
8-22 (3) To require, by the issuance of subpoenas if
8-23 necessary, applicants, <and> licensees, agents, employees of
8-24 licensees, or other persons having knowledge of relevant facts or
8-25 documents in regard to a matter pending before the board to appear
9-1 before the board, and to administer oaths, examine witnesses, and
9-2 compel the production of pertinent books, accounts, records,
9-3 documents, and testimony by subpoena <the licensee or applicant in
9-4 its hearings>;
9-5 (4) To cause tape recordings or <records and>
9-6 transcripts or both to be made of all its proceedings;
9-7 (5) To maintain records and minutes and otherwise
9-8 operate its office affairs;
9-9 (6) To employ such employees to assist the board in
9-10 its functions as necessary;
9-11 (7) To furnish monthly <and post in> each court in the
9-12 county having jurisdiction of criminal cases and each local
9-13 official responsible for the detention of prisoners in the county
9-14 with current lists of the bondsmen and their agents licensed <and
9-15 approved> in the county and to notify immediately each court and
9-16 local official when a bondsman's license is suspended or revoked or
9-17 an agent's authority is rescinded; <and>
9-18 (8) To file reports and furnish information on the
9-19 operation of the bonding business in the county at the request of
9-20 the Texas Judicial Council which shall report annually to the
9-21 governor and the legislature on or before December 1 of each year
9-22 on the operation of the bonding business in the state;
9-23 (9) To dispose of or manage, in a commercially
9-24 reasonable manner, real property deeded to the board;
9-25 (10) To contract with a real estate agent or broker to
10-1 sell property in accordance with this Act or to rent or manage the
10-2 property pending sale of the property; and
10-3 (11) To authorize an agent or broker to exercise
10-4 rights that the board or county has incident to a sale or
10-5 management of the property, if the agent or broker insures the
10-6 property pending sale.
10-7 (g) The county may pay a real estate agent or broker a
10-8 reasonable fee for services under Subsection (f)(10) of this
10-9 section. Funds realized by the agent shall be paid monthly to the
10-10 county.
10-11 (h)(1) If a witness refuses to obey a subpoena or to give
10-12 evidence relevant to a proper inquiry by the board, the board or
10-13 the person requesting the subpoena may petition a district court of
10-14 the county in which the hearing is held to compel the witness to
10-15 obey the subpoena or to give the evidence. The district court
10-16 shall immediately issue process to the witness and shall hold a
10-17 hearing on the petition as soon as practicable. If the witness
10-18 refuses, without reasonable cause or legal grounds, to be examined
10-19 or to give any evidence relevant to proper inquiry by the board,
10-20 the court may punish the witness for contempt.
10-21 (2) A person who is a party to a proceeding before the
10-22 board may request the board to issue subpoenas to obtain evidence
10-23 to present to the board. The board shall issue the subpoenas on
10-24 receipt of the request.
10-25 (3) The district court may hear a dispute over a
11-1 request for the issuance of a subpoena. The court may impose a
11-2 civil penalty of up to $500 on a person, including the board, who
11-3 abuses the subpoena process.
11-4 (i) A County Bail Bond Board shall keep the tape recording
11-5 of a board proceeding until the first anniversary of the date of
11-6 the proceeding. The recording shall be kept by the chairman of the
11-7 board and shall be made available, except as otherwise provided by
11-8 law, for public inspection during normal business hours.
11-9 (j) If a transcript of a proceeding of a County Bail Bond
11-10 Board is caused to be made by the board, an applicant, a license
11-11 holder, or any other party to the proceeding, the person who caused
11-12 the transcript to be made shall pay the cost of the transcript.
11-13 (k) Notwithstanding any other provision of this Act, all
11-14 proceedings of the County Bail Bond Board shall be governed by the
11-15 Administrative Procedure and Texas Register Act (Article 6252-13a,
11-16 Vernon's Texas Civil Statutes) and its subsequent amendments.
11-17 Venue of any appeal or any action where the board is required to be
11-18 a party shall be brought in the county where the board is located.
11-19 SECTION 4. Sections 6(a) and (f), Chapter 550, Acts of the
11-20 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
11-21 Texas Civil Statutes), are amended to read as follows:
11-22 (a) Any person desiring to act as a bondsman in any court of
11-23 the county shall file with the County Bail Bond Board a sworn
11-24 application for a license. The application shall be in such form
11-25 and shall contain such information as the board may prescribe
12-1 including the following:
12-2 (1) The name, age, and address of the applicant, and
12-3 if the applicant is a surety corporation, and whether chartered or
12-4 admitted to do business in this state and qualified to write
12-5 fidelity, guaranty, and surety bonds under the Texas Insurance
12-6 Code, as amended;
12-7 (2) The name under which the business shall be
12-8 conducted;
12-9 (3) The name of the place or places, including street
12-10 address and city, wherein the business is to be conducted;
12-11 (4) A sworn statement listing any nonexempt real
12-12 estate owned by the applicant in the county where the application
12-13 is filed that the applicant intends to convey in trust to the board
12-14 to secure payment of any obligations incurred by the applicant in
12-15 the bonding business if the license is granted. The following
12-16 shall be included for each parcel listed:
12-17 (A) a legal description equivalent to the
12-18 description required to convey the property by general warranty
12-19 deed;
12-20 (B) current statements from each taxing unit
12-21 with power to assess or collect taxes against the property
12-22 indicating that there are no outstanding tax liens against the
12-23 property and indicating the taxable <net> value of the property
12-24 <according to the current appraisal made by a real estate appraiser
12-25 who is a member in good standing of a nationally recognized
13-1 professional appraiser society or trade organization that has an
13-2 established code of ethics, educational program, and professional
13-3 certification program>, accompanied by a sworn statement from the
13-4 applicant agreeing to keep all taxes paid on the property while it
13-5 remains in trust;
13-6 (C) a sworn statement of the applicant that he
13-7 will not further encumber the property after conveying it in trust
13-8 to the County Bail Bond Board, without notifying and obtaining the
13-9 permission of the board;
13-10 (D) a sworn <an> agreement to insure and keep
13-11 current the insurance on any improvements on the property against
13-12 any damage or destruction while the property remains in trust, in
13-13 the full amount of the value claimed for the improvements;
13-14 (E) a sworn statement indicating whether the
13-15 applicant is married and, if so, a sworn statement from the spouse
13-16 agreeing to transfer to the board, as a part of the trust, any
13-17 right, title, or interest that the spouse may have in the property;
13-18 and the spouse must execute the deeds of trust to any community
13-19 property placed in the security deposit required under this
13-20 section;
13-21 (5) A statement indicating the amount of cash or cash
13-22 value of any certificate of deposit or cashier's checks which the
13-23 applicant intends to place on deposit with the county treasurer to
13-24 secure payment of any obligations incurred by the applicant in the
13-25 bonding business if the license is granted;
14-1 (6) A complete, sworn financial statement;
14-2 (7) A declaration by the applicant that he will comply
14-3 with this Act and the rules prescribed by the board.
14-4 (f) Upon notice from the board that the application has been
14-5 tentatively approved, the applicant shall then:
14-6 (1) deposit with the county treasurer of the county in
14-7 which the license is to be issued a cashier's check, certificate of
14-8 deposit, cash, or cash equivalent in the amount indicated by the
14-9 applicant under Subdivision (5) of Subsection (a) of Section 6 of
14-10 this Act but in no event less than $50,000 except in counties with
14-11 populations of less than 250,000 persons by the most recent federal
14-12 census, the amount for applicants in said counties shall be $10,000
14-13 to be held in a special fund to be called the bail security fund;
14-14 or
14-15 (2) execute in trust to the board deeds to the
14-16 property listed by the applicant under Subdivision (4) of
14-17 Subsection (a) of Section 6 of this Act, which property shall be
14-18 valued in the amount indicated on the statements from the taxing
14-19 unit filed under Subsection (a)(4)(B) of this section <an appraisal
14-20 by a real estate appraiser who is a member in good standing of a
14-21 nationally recognized professional appraiser society or trade
14-22 organization that has an established code of ethics, educational
14-23 program, and professional certification program>, but in no event
14-24 less than $50,000 valuation, except in counties with populations of
14-25 less than 250,000 persons by the most recent federal census, the
15-1 amount for applicants in said counties shall be $10,000, the
15-2 condition of the trust being that the property may be sold to
15-3 satisfy any final judgment forfeitures that may be made in bonds on
15-4 which the licensee is surety after such notice and upon such
15-5 conditions as are required by the Code of Criminal Procedure, 1965,
15-6 as amended, in bond forfeiture cases; the board shall file the
15-7 deeds of trust in the records of each county in which the property
15-8 is located, and the applicant shall pay the filing fees. In no
15-9 event shall the value of real estate held in trust exceed 85
15-10 percent of the value of all collateral on deposit with the board.
15-11 (3) If the licensee is a corporation, it shall furnish
15-12 to the sheriff an irrevocable letter of credit as a cash equivalent
15-13 to satisfy any final judgment of forfeiture that may be made on any
15-14 bonds on which the corporate licensee is surety.
15-15 SECTION 5. Section 11, Chapter 550, Acts of the 63rd
15-16 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
15-17 Civil Statutes), is amended to read as follows:
15-18 Sec. 11. COURT REVIEW. (a) An appeal may be taken from any
15-19 board's order revoking, suspending, or refusing to issue a license.
15-20 The appeal must be made within 30 days after written notice of the
15-21 suspension, revocation, or refusal by filing a petition in a
15-22 district court in the county in which the license is issued or
15-23 refused. If no appeal is taken within 30 days after written notice
15-24 of suspension, revocation, or refusal, such action shall become
15-25 final. <An appeal shall be by trial de novo, as in proceedings
16-1 appealed from justice to county courts.> The decision of the board
16-2 shall have full force and effect pending the determination of the
16-3 appeal.
16-4 (b) The district court shall examine the record of the
16-5 board's action and determine whether there was substantial evidence
16-6 to support the board's action.
16-7 (c) All appeals taken from actions of the board shall be
16-8 against the board and not against the members individually.
16-9 SECTION 6. Section 15, Chapter 550, Acts of the 63rd
16-10 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
16-11 Civil Statutes), is amended to read as follows:
16-12 Sec. 15. ACTS SUBJECT TO CRIMINAL PENALTY. (a) No person
16-13 required to be licensed under this Act may execute a bail bond
16-14 without a license.
16-15 (b) No bondsman or agent of a bondsman may, by any means,
16-16 recommend or suggest to any person whose bail bond has been posted
16-17 the name of any particular attorney or firm of attorneys for
16-18 employment in connection with a criminal offense.
16-19 (c) No person in the bonding business shall, either directly
16-20 or indirectly, give, donate, lend, contribute, or promise to give,
16-21 donate, lend, or contribute any money or property to any attorney,
16-22 police officer, sheriff, or deputy, constable, jailer, or employee
16-23 of a law enforcement agency for the referral of bail bond business.
16-24 (d) No attorney, police officer, constable, or deputy,
16-25 jailer, or employee of a law enforcement agency, judge or employee
17-1 of a court, or public official, or employee of a related agency, or
17-2 any person not shown in the records of the board to be an agent or
17-3 employee of the bondsman may accept or receive from a bondsman any
17-4 money, property, or other thing of value as payment for the
17-5 referral of bail bond business.
17-6 (e) No police officer, sheriff, or deputy, constable,
17-7 jailer, or employee of a law enforcement agency, judge or employee
17-8 of a court, or public official, or employee of a related agency may
17-9 recommend to any person or persons, family of such person or
17-10 persons, friends, relatives, or employer the name of any particular
17-11 bondsman. In all places where prisoners are examined, processed,
17-12 or confined, a list of licensed bondsmen of that county may be
17-13 displayed.
17-14 (f) No bondsman or agent of a bondsman may solicit business
17-15 in a police station, jail, prison, detention facility, or other
17-16 place where persons in the custody of law enforcement officials are
17-17 detained.
17-18 (g) No person may advertise as a bondsman who does not hold
17-19 a valid license under this Act.
17-20 (h) No bondsman or agent of a bondsman may receive money or
17-21 other consideration or thing of value for issuance of a bond or
17-22 undertaking of a surety obligation without issuing a receipt
17-23 indicating the name of the person paying the money or transferring
17-24 the property, the amount received or the estimated value of the
17-25 property received and briefly identifying it, the suit, action, or
18-1 matter for which it is received or is to be applied, and the name
18-2 of the person receiving it. The bondsman or agent shall retain a
18-3 duplicate copy of the receipt which shall be available for
18-4 inspection by representatives of the board of any county in which
18-5 the bondsman is licensed or by the appointed representatives of a
18-6 court in which the bondsman agrees to make bail or undertake other
18-7 surety obligations.
18-8 (i) No person shall falsify any records required to be kept
18-9 under this Act.
18-10 (j) A person may not pay another who is not licensed or
18-11 issued an identification card under this Act compensation for the
18-12 referral of specific bond business or split with the other a fee
18-13 received for the execution of any specific bond.
18-14 (k) A person may not knowingly hide, conceal, fail to
18-15 disclose, or otherwise obscure the true structure, ownership, or
18-16 financial interests represented in any bonding business.
18-17 (l) <(j)> A person who violates Subsection <(a) or> (g) of
18-18 this section shall be guilty of a Class C misdemeanor.
18-19 (m) <(k)> A person who violates Subsection (a), (b), (e),
18-20 (f), (h), <or> (i), or (j) of this section shall be guilty of a
18-21 Class B misdemeanor.
18-22 (n) <(l)> A person who violates Subsection (c), <or> (d), or
18-23 (k) of this section shall be guilty of a Class A misdemeanor.
18-24 SECTION 7. Article 17.03(b), Code of Criminal Procedure, is
18-25 amended to read as follows:
19-1 (b) Only a district judge with felony jurisdiction <the
19-2 court before whom the case is pending> may release on personal bond
19-3 a defendant who:
19-4 (1) is charged with an offense under the following
19-5 sections of the Penal Code:
19-6 (A) Section 19.03 (Capital Murder);
19-7 (B) Section 20.04 (Aggravated Kidnapping);
19-8 (C) Section 22.021 (Aggravated Sexual Assault);
19-9 (D) Section 22.03 (Deadly Assault on Law
19-10 Enforcement or Corrections Officer, Member or Employee of Board of
19-11 Pardons and Paroles, or Court Participant);
19-12 (E) Section 22.04 (Injury to a Child or an
19-13 Elderly Individual);
19-14 (F) Section 29.03 (Aggravated Robbery);
19-15 (G) Section 30.02 (Burglary); or
19-16 (H) Section 71.02 (Engaging in Organized
19-17 Criminal Activity);
19-18 (2) is charged with an aggravated felony under Chapter
19-19 481, Health and Safety Code, or Section 485.033, Health and Safety
19-20 Code; or
19-21 (3) does not submit to testing for the presence of a
19-22 controlled substance in the defendant's body as requested by the
19-23 court or magistrate under Subsection (c) of this article or submits
19-24 to testing and the test shows evidence of the presence of a
19-25 controlled substance in the defendant's body.
20-1 SECTION 8. Chapter 17, Code of Criminal Procedure, is
20-2 amended by adding Article 17.152 to read as follows:
20-3 Art. 17.152. EX PARTE COMMUNICATIONS PROHIBITED. (a) A
20-4 magistrate may not have an ex parte communication recommending or
20-5 relating to the setting of a bail amount with an attorney
20-6 representing the state, with the defendant or his attorney, or with
20-7 a law enforcement officer.
20-8 (b) A communication recommending or relating to the setting
20-9 of a bail amount with a magistrate may be made only in the presence
20-10 of the state's attorney, the defendant, or the defendant's
20-11 attorney. During a communication, the magistrate shall permit the
20-12 defendant to present evidence relating to the likelihood of the
20-13 defendant's appearance in court.
20-14 SECTION 9. Article 17.19, Code of Criminal Procedure, is
20-15 amended by amending Subsection (e) and adding Subsections (f) and
20-16 (g) to read as follows:
20-17 (e) An arrest warrant issued under this article may be
20-18 executed by a peace officer, a security officer, <or> a private
20-19 investigator licensed in this state, a licensed bail bondsman, or a
20-20 licensed agent of a corporation licensed as a bail bondsman.
20-21 (f) A person executing an arrest warrant under this section
20-22 shall immediately surrender the individual to a peace officer or
20-23 magistrate in the county of arrest.
20-24 (g) A surety shall pay all necessary and reasonable expenses
20-25 incurred by a sheriff or other peace officer in rearresting or
21-1 processing a principal into custody within 30 days after the date
21-2 of receiving notice of the expenses. Notice is presumed to have
21-3 been delivered on the fourth day after the date of deposit of the
21-4 notice in the United States mail that is addressed to the last
21-5 known address of the surety on file with the bail bond board.
21-6 SECTION 10. Chapter 17, Code of Criminal Procedure, is
21-7 amended by adding Article 17.191 to read as follows:
21-8 Art. 17.191. EXECUTION OF BOND FORFEITURE CAPIAS OR WARRANT
21-9 BY SURETY. (a) A capias or arrest warrant issued under Article
21-10 23.05 of this code shall be issued to the sheriff of the county in
21-11 which the case is pending and a certified copy of the capias
21-12 warrant shall be issued to the surety on request. A copy issued to
21-13 the surety shall have an expiration date of 90 days from the date
21-14 of issuance. An additional copy of the warrant with a new
21-15 expiration date may be requested by the surety.
21-16 (b) A capias or arrest warrant issued under Article 23.05 of
21-17 this code may be executed by a peace officer, a security officer, a
21-18 private investigator licensed in this state, a licensed bail
21-19 bondsman, or a licensed agent of a corporation licensed as a bail
21-20 bondsman.
21-21 (c) A person executing a capias or arrest warrant under this
21-22 section shall immediately surrender the individual to a peace
21-23 officer or magistrate in the county of arrest.
21-24 (d) The surety shall pay necessary and reasonable expenses
21-25 incurred by a sheriff or other peace officer in rearresting or
22-1 processing the principal into custody within 30 days after the date
22-2 of receiving notice of the expenses. Notice is presumed to have
22-3 been delivered on the fourth day after deposit in the United States
22-4 mail to the last known address of the surety on file with the bail
22-5 bond board.
22-6 SECTION 11. Chapter 17, Code of Criminal Procedure, is
22-7 amended by adding Article 17.46 to read as follows:
22-8 Art. 17.46. MISCELLANEOUS CONDITIONS OF RELEASE. (a) A
22-9 magistrate may require as a condition of release on either a bail
22-10 bond or personal bond that a defendant:
22-11 (1) abide by specific restrictions on travel;
22-12 (2) avoid contact, without the written permission of
22-13 the court, with a victim of an alleged offense or with any other
22-14 person designated by the court; and
22-15 (3) report on a regular basis to the surety on the
22-16 defendant's bond or, if a personal bond, to the pretrial services
22-17 agency.
22-18 (b) Costs of conditions imposed upon a defendant under this
22-19 chapter may be assessed as court costs or ordered paid directly by
22-20 the defendant as a condition of bond. A financial condition or
22-21 deposit may not be placed on a personal bond, bail bond, or deposit
22-22 in lieu of a bail bond by the magistrate or court except that the
22-23 fee authorized under Section 4, Article 17.42, of this code may be
22-24 placed on personal bonds and the other costs authorized by this
22-25 subsection may be placed on any bond.
23-1 SECTION 12. Chapter 22, Code of Criminal Procedure, is
23-2 amended by adding Article 22.12a to read as follows:
23-3 Art. 22.12a. CONTINUANCE TO APPREHEND PRINCIPAL. (a) A
23-4 court shall continue a bond forfeiture proceeding if the court is
23-5 presented a motion for continuance by a surety on a bail bond that
23-6 contains an affidavit that sets out sufficient facts that show the
23-7 surety is making a diligent effort to return the principal to
23-8 custody.
23-9 (b) The affidavit of the surety need not be corroborated and
23-10 is prima facie evidence of the required facts. Unless the state
23-11 files a controverting affidavit, the court shall presume the facts
23-12 in the affidavit are sufficient to show a diligent effort to return
23-13 the principal to custody.
23-14 (c) On presentation of a motion for continuance, the court
23-15 shall continue the case until six months after the date the
23-16 forfeiture was entered if the bond was given for a misdemeanor
23-17 offense or 12 months after the date the forfeiture was entered if
23-18 the bond was given for a felony offense.
23-19 (d) A surety that has obtained a continuance under
23-20 Subsection (c) of this article may, before the expiration of the
23-21 continuance, deposit with the clerk of the court the amount of the
23-22 bond and court costs in United States currency or negotiable
23-23 instruments, together with a motion for continuance supported by an
23-24 affidavit stating that the principal is still at large. The
23-25 affidavit of the surety need not be corroborated and is prima facie
24-1 evidence of the facts. Unless the state files a controverting
24-2 affidavit, the court shall presume the facts in the affidavit are
24-3 sufficient to show a diligent effort to return the principal to
24-4 custody. On the filing of the additional affidavit and the deposit
24-5 of the amount of bond and court costs with the clerk, the court
24-6 shall continue the case until 12 months after the date the
24-7 forfeiture was entered if the bond was given for a misdemeanor
24-8 offense or 24 months after the date the forfeiture was entered in
24-9 cases if the bond was given for a felony offense.
24-10 (e) The clerk of the court shall apply the cash deposit to
24-11 the payment of a final judgment entered against the surety on the
24-12 bond or, if the case is appealed, apply the deposit as a cash
24-13 deposit in lieu of a supersedeas bond. The balance of the deposit,
24-14 if any, shall be returned to the surety. An additional fee may not
24-15 be charged for the clerk's actions under this subsection.
24-16 (f) Other continuances may be granted to a surety in a bond
24-17 forfeiture case only if the court finds the continuance is
24-18 necessary in the interests of justice.
24-19 (g) The legislature finds that it is in the public interest
24-20 to allow a period of time for a surety to rearrest a principal on a
24-21 bond who has failed to appear in court when required to appear by
24-22 this code.
24-23 SECTION 13. Article 22.125, Code of Criminal Procedure, is
24-24 amended to read as follows:
24-25 Art. 22.125. Powers of the court. After a judicial
25-1 declaration of forfeiture is entered, and if a timely request for a
25-2 continuance under Article 22.12a of this code has been filed and
25-3 expired, the court may proceed with the trial required by Article
25-4 22.14 of this code. If no timely answer is filed, proceedings
25-5 shall be held in accordance with Article 22.15 of this code. The
25-6 court shall <may> exonerate the defendant and his sureties, if any,
25-7 from liability on the forfeiture, remit the amount of the
25-8 forfeiture, or set aside the forfeiture only as expressly provided
25-9 by this chapter.
25-10 SECTION 14. Article 22.14, Code of Criminal Procedure, is
25-11 amended to read as follows:
25-12 Art. 22.14. Judgment final. On the trial of the issues
25-13 presented under the declaration of forfeiture, a final judgment
25-14 shall be entered. If no sufficient cause is found for the failure
25-15 of the principal to appear, a final judgment shall be entered
25-16 against the principal and the principal's sureties, if any, for the
25-17 amount of the bond and court costs. If it is found that the bond
25-18 should be exonerated, a final judgment shall be entered that the
25-19 state take nothing. If it is found that the bond should be
25-20 remitted, a final judgment shall be entered that awards the state
25-21 the amount specified in Article 22.16 of this code. The costs
25-22 shall be equally divided between the sureties, if there are more
25-23 than one. Nothing in this article limits the court's authority to
25-24 approve a settlement made under Article 22.16(c) of this code.
25-25 <When, upon a trial of the issues presented, no sufficient cause is
26-1 shown for the failure of the principal to appear, the judgment
26-2 shall be made final against him and his sureties, if any, for the
26-3 amount in which they are respectively bound; and the same shall be
26-4 collected by execution as in civil actions. Separate executions
26-5 shall issue against each party for the amount adjudged against him.
26-6 The costs shall be equally divided between the sureties, if there
26-7 be more than one.>
26-8 SECTION 15. Article 22.16, Code of Criminal Procedure, is
26-9 amended to read as follows:
26-10 Art. 22.16. Remittitur after forfeiture. (a) After
26-11 forfeiture of a bond and before entry of a final judgment <the
26-12 expiration of the time limits set by Subsection (c) of this
26-13 article>, the court shall, on written motion, remit to the surety
26-14 the amount of the bond after deducting the costs of court, any
26-15 reasonable costs to the county for the return of the principal, and
26-16 the interest accrued on the bond amount as provided by Subsection
26-17 (e) of this article if:
26-18 (1) the principal is incarcerated in the county in
26-19 which the prosecution is pending;
26-20 (2) the principal is incarcerated in another
26-21 jurisdiction and the incarceration is verified as provided by
26-22 Subsection (b) of this article;
26-23 (3) the principal is released on new bail in the case;
26-24 (4) the principal is deceased or was deceased at the
26-25 time of the forfeiture; <or>
27-1 (5) the case for which bond was given is dismissed;
27-2 (6) the proper authorities refuse to extradite the
27-3 principal on the bond to the county where the declaration of
27-4 forfeiture is pending, after a request by the surety for
27-5 extradition and acknowledgement of the surety's liability for the
27-6 costs of such extradition made in writing; or
27-7 (7) the case for which the bond was given was disposed
27-8 of by a finding of guilty or not guilty or the principal was placed
27-9 on probation or deferred probation.
27-10 (b) For the purposes of Subsections (a)(1) and <Subsection>
27-11 (a)(2) of this article, a surety may request confirmation of the
27-12 incarceration of his principal by written request to the law
27-13 enforcement agency of the county where the prosecution was or is
27-14 pending. A law enforcement agency in this state that receives a
27-15 request for verification shall not later than the 30th day after
27-16 the date of receipt notify the court in which the prosecution was
27-17 or is pending and the surety whether or not the principal is or has
27-18 been incarcerated in another jurisdiction and the date of the
27-19 incarceration. A surety making a request for confirmation shall
27-20 pay a fee of $10 for a confirmation from a jurisdiction within this
27-21 state or $25 or the actual cost to the jurisdiction, whichever is
27-22 larger, for a confirmation from a jurisdiction outside of this
27-23 state.
27-24 (c) Notwithstanding other provisions of this chapter, the
27-25 prosecuting authority in a jurisdiction in which a declaration of
28-1 forfeiture is pending may agree to and sign an agreed final
28-2 judgment of the bond forfeiture, regardless of whether the
28-3 principal on the bond is incarcerated. An agreed final judgment
28-4 may be made if the prosecuting authority, in the authority's
28-5 discretion, decides that the settlement is in the interests of the
28-6 jurisdiction. An agreed final judgment must include an affirmative
28-7 statement that the surety waives any right to file a motion for new
28-8 trial, an appeal, or a bill of review in the case. The court in
28-9 which the declaration of forfeiture is pending shall approve a
28-10 settlement of the bond forfeiture which meets the conditions of
28-11 this subsection <A final judgment may be entered against a bond not
28-12 earlier than:>
28-13 <(1) nine months after the date the forfeiture was
28-14 entered, if the offense for which the bond was given is a
28-15 misdemeanor; or>
28-16 <(2) 18 months after the date the forfeiture was
28-17 entered, if the offense for which the bond was given is a felony>.
28-18 (d) <After the expiration of the time limits set by
28-19 Subsection (c) of this article and before the entry of a final
28-20 judgment against the bond, the court in its discretion may remit to
28-21 the surety all or part of the amount of the bond after deducting
28-22 the costs of court, any reasonable costs to the county for the
28-23 return of the principal, and the interest accrued on the bond
28-24 amount as provided by Subsection (e) of this article.>
28-25 <(e)> For the purposes of this article, interest accrues on
29-1 the bond amount from the date of forfeiture to the date of the
29-2 occurrence of an event specified in Subsection (a)(1), (a)(3),
29-3 (a)(4), (a)(5), (a)(6), or (a)(7) of this article at the rate of 12
29-4 percent a year or until a cash deposit in the amount of the bond is
29-5 deposited with the clerk of the court, whichever period is shorter
29-6 <in the same manner and at the same rate as provided for the
29-7 accrual of prejudgment interest in civil cases>.
29-8 SECTION 16. Chapter 59, Code of Criminal Procedure, is
29-9 amended by adding Article 59.12 to read as follows:
29-10 Art. 59.12. SUBSTITUTE SERVICE. (a) A surety who enters a
29-11 bail bond under Chapter 17 of this code with a person charged with
29-12 a felony giving rise to a forfeiture proceeding under this chapter
29-13 is the agent of that person for service of process required by this
29-14 chapter.
29-15 (b) If a person on whom service of process is required by
29-16 this chapter cannot be found, service of process may be
29-17 accomplished by serving the surety described in Subsection (a) of
29-18 this article. The officer making the return of the unexecuted
29-19 process must certify that after diligent search and inquiry the
29-20 person cannot be found and served.
29-21 (c) A surety is not liable for the surety's actions as an
29-22 agent under this article if:
29-23 (1) the surety mails the citation to the last known
29-24 address of the person, by certified mail, return receipt requested,
29-25 not later than the third day after the surety receives the process;
30-1 or
30-2 (2) the surety hand delivers the citation to the
30-3 person.
30-4 (d) In the event that the surety is unable to locate the
30-5 person, he shall notify the attorney representing the state in
30-6 writing and shall detail the steps taken by the surety to locate
30-7 the person.
30-8 SECTION 17. The change in law made by this Act to Chapter
30-9 59, Code of Criminal Procedure, applies only to a bond entered for
30-10 a defendant on or after the effective date of this Act.
30-11 SECTION 18. Subchapter A, Chapter 102, Code of Criminal
30-12 Procedure, is amended by adding Article 102.010 to read as follows:
30-13 Art. 102.010. BOND PROCESSING FEE. (a) A person convicted
30-14 of an offense who has been released on bond following the arrest
30-15 for the offense shall pay $20 as a bond processing fee.
30-16 (b) In this article, a person is considered to have been
30-17 convicted in a case if:
30-18 (1) a sentence is imposed;
30-19 (2) the person receives probation or deferred
30-20 adjudication; or
30-21 (3) the court defers final disposition of the case.
30-22 (c) Five dollars of a fee collected under this article may
30-23 be used to establish a fund to provide a metal detector and
30-24 security personnel to operate the detector at an entrance to a
30-25 county courthouse. The courthouse entrance security fund shall be
31-1 administered by or under the direction of the commissioners court.
31-2 SECTION 19. (a) A person initially applying for a
31-3 bondsman's license after the effective date of this Act shall be
31-4 governed by this Act.
31-5 (b) A bondsman's license issued prior to the effective date
31-6 of this Act shall be governed by the law in effect at the time the
31-7 license was issued. At the time of first renewal of the license or
31-8 the expiration of one year from the effective date of this Act,
31-9 this Act shall govern a license.
31-10 (c) A person not subject to licensing as a bondsman before
31-11 the effective date of this Act shall comply with this Act not later
31-12 than one year after the effective date of this Act.
31-13 (d) A bond, or the forfeiture of such a bond, given before
31-14 September 1, 1993, is governed by the law in effect at the time the
31-15 bond was executed. Bail set and bonds executed on or after
31-16 September 1, 1993, shall be governed by this Act.
31-17 (e) The former law is continued in effect only for the
31-18 purposes of Subsections (b), (c), and (d) of this section.
31-19 SECTION 20. (a) Section 3(c)(4), Chapter 550, Acts of the
31-20 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
31-21 Texas Civil Statutes), as added by this Act, does not apply to a
31-22 person married for at least five years before the effective date of
31-23 this Act to a peace officer, jailer, employee of a law enforcement
31-24 agency, judicial officer, court employee, or employee of any
31-25 similar or related agency.
32-1 (b) Section 3(c)(5), Chapter 550, Acts of the 63rd
32-2 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
32-3 Civil Statutes), as added by this Act, does not apply to a person
32-4 who:
32-5 (1) holds a license issued under this Act before
32-6 September 1, 1993;
32-7 (2) was previously licensed under this Act and whose
32-8 license was never revoked or suspended;
32-9 (3) acted as a surety on a bond for compensation in a
32-10 county in which a license was not required before the effective
32-11 date of this Act;
32-12 (4) was employed by a bondsman for at least five years
32-13 before the effective date of this Act; or
32-14 (5) was married for at least five years before the
32-15 effective date of this Act to a peace officer, jailer, employee of
32-16 a law enforcement agency, judicial officer, court employee, or
32-17 employee of any similar or related agency.
32-18 (c) Section 3B(c)(2), Chapter 550, Acts of the 63rd
32-19 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
32-20 Civil Statutes), as added by this Act, does not apply to a person
32-21 employed as a bondsman for at least five years before the effective
32-22 date of this Act and who previously received probation if the term
32-23 of probation was completed and was not revoked.
32-24 (d) In this section, the term "person" includes a designated
32-25 agent of a corporation licensed as a bondsman.
33-1 SECTION 21. This Act takes effect September 1, 1993.
33-2 SECTION 22. The importance of this legislation and the
33-3 crowded condition of the calendars in both houses create an
33-4 emergency and an imperative public necessity that the
33-5 constitutional rule requiring bills to be read on three several
33-6 days in each house be suspended, and this rule is hereby suspended.