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