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.