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.