By De La Garza                                        H.B. No. 1214
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to reform of the laws of this state relating to bail; the
    1-3  licensing and regulation of bail bondsmen; providing civil
    1-4  penalties; providing criminal penalties; amending the Code of
    1-5  Criminal Procedure relating to bail and the forfeiture of bail.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 1, Chapter 550, Acts of the 63rd
    1-8  Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
    1-9  Civil Statutes), is amended to read as follows:
   1-10        Sec. 1.  Declaration Of Policy.  The business of executing
   1-11  bail bonds for compensation is declared to be a business affecting
   1-12  the public interest.  It is declared to be the policy of this state
   1-13  to provide reasonable regulation to the end that the right of bail
   1-14  be preserved and implemented by just and practical procedures to
   1-15  insure the appearance of the principal when required consistent
   1-16  with the rights and safety of its citizens under the Constitution
   1-17  and laws of the United States and this State at the least expense
   1-18  to the State or County.  <governing the giving or making of bail
   1-19  bond and other security to guarantee appearance of the accused.>
   1-20        Sec. 1A.  TITLE AND CITATION.  This Act shall be known and
   1-21  may be cited as the Bail Reform Act of 1993.
   1-22        Sec. 2.  Definitions.  In this Act:
   1-23        (a) <(1)>  "Person" means an individual, <or> corporation, or
    2-1  partnership.
    2-2        (b) <(2)>  "Bondsman" means <any> person who for <hire or
    2-3  for> any compensation <deposits any cash or bonds or other
    2-4  securities, or> executes as surety or cosurety any bond <for other
    2-5  persons>.
    2-6        (c) <(3)>  "Bonding Business" means the business of executing
    2-7  bonds for compensation <occupation in which a bondsman is engaged>.
    2-8        (d) <(4)>  "Corporation" means a corporation, foreign or
    2-9  domestic, qualified to execute surety bonds under the Insurance
   2-10  Code, as amended <"Company" includes corporations and other
   2-11  business entities>.
   2-12        (e) <(5)>  "Bond" means a bail bond or any other bond
   2-13  required by law in a criminal case and includes any cash or
   2-14  security deposit authorized by the Code of Criminal Procedure made
   2-15  <and any similar deposit or written undertaking> to assure the
   2-16  appearance of a defendant in a criminal case.  In this Act, the
   2-17  term "bond" is limited to mean only a cash, personal or surety
   2-18  bond.
   2-19        (f) <(6)>  "Board" means the County Bail Bond Board.
   2-20        (g)  "Partnership" means an association of two or more
   2-21  persons to carry on a bonding business as co-owners or general
   2-22  partners.
   2-23        (h)  "Financial resources" means the total, in the aggregate,
   2-24  of any cash, cash equivalents, cashier's checks, certificates of
   2-25  deposit or other authorized security held by the Custodian in the
    3-1  bondsman's bail security fund account to secure the bondsman's
    3-2  obligations to the county on executed bonds.
    3-3        (i)  "Custodian" means the county official, board, or entity
    3-4  designated to maintain the records and perform the duties specified
    3-5  in this Act regarding any bondsman's bail security fund account.
    3-6        (j)  "Net worth" means the difference between the assets of a
    3-7  bondsman and his liabilities.  For the purpose of determining net
    3-8  worth, declarations of forfeiture shall not be shown as liabilities
    3-9  nor shall any liability which has been subordinated in writing to
   3-10  the claims of the Board or the Custodian, as provided in Section
   3-11  6(b)(4)(c) of this Act, be considered as a liability in calculating
   3-12  net worth.
   3-13        (k)  "Cash equivalent" means any of the following:
   3-14              (1)  an irrevocable letter of credit issued by a
   3-15  financial institution whose deposits are insured by an agency of
   3-16  the United States Government payable to the Custodian on written
   3-17  demand.  Any such letter of credit shall be issued for a term of
   3-18  not less than the remaining term of the bondsman's license and
   3-19  contain a provision for thirty (30) days advance notice of
   3-20  expiration.
   3-21              (2)  any obligation of a financial institution whose
   3-22  deposits are insured by an agency of the United States Government
   3-23  which can be reduced to cash by the Custodian without any action by
   3-24  the bondsman.
   3-25              (3)  obligations, notes or bonds issued by this State
    4-1  or its political subdivisions for terms of one (1) year or less
    4-2  which can be reduced to cash by the Custodian without any action by
    4-3  the bondsman.
    4-4        (l)  "Contingent" for the purpose of financial statements
    4-5  filed pursuant to the Act means an existing condition, situation,
    4-6  or set of circumstances which involves uncertainty because of
    4-7  future events which may fail to occur.  It does not include an
    4-8  interest which is effective only upon the death of the bondsman by
    4-9  will.
   4-10        (m)  "Cash" means money of the United States and does not
   4-11  include credit or other evidence of money or documents when depend
   4-12  upon the financial responsibility of any person or entity other
   4-13  than the government of the United States or this State or a
   4-14  cashier's check issued by a bank or financial institution whose
   4-15  deposits are insured by an agency of the United States Government.
   4-16        Sec. 3.  Licensing Requirement and Eligibility.  <The
   4-17  provisions of this Act apply only to the execution of bail bonds in
   4-18  counties having a population of more than 110,000 according to the
   4-19  last federal census or in counties of less than 110,000 where a
   4-20  board has been created.  The creation of the board is within the
   4-21  discretion of a majority of the officers of the county who would be
   4-22  members of, or who would designate members of, the board as
   4-23  provided under Subsection (b) of this section.>
   4-24        (a)  In any county where a bond is to be posted, <that has a
   4-25  board> no person may act as a bondsman except:
    5-1              (1)  persons licensed by the Board of that county;
    5-2  <under this Act, and>
    5-3              (2)  persons licensed to practice law in this state who
    5-4  meet the requirements set forth in Subsection (e) of this Section
    5-5  <3 of this Act>; and<.>
    5-6              (3)  in counties having a population of less than
    5-7  110,000 persons according to the most recent federal census,
    5-8  persons licensed by any Board in this state presenting a bond which
    5-9  is certified by the County Sheriff of the county where the bondsman
   5-10  is licensed.  The Sheriff shall certify a bond under this section
   5-11  if the bondsman has sufficient financial resources in his bail
   5-12  security fund account to permit execution of the bond in the county
   5-13  of licensing.  Certification of such bond shall be made in writing,
   5-14  shall state the date of certification and the dollar amount
   5-15  certified and shall bear the signature of the Sheriff or his
   5-16  authorized deputy.
   5-17        (b)  An <No> individual is eligible for and shall be issued a
   5-18  license under this Act, if <unless> the individual:
   5-19              (1)  is a resident of this state and a citizen of the
   5-20  United States;
   5-21              (2)  is at least twenty-one (21) <18> years of age;
   5-22              (3)  possesses a high school diploma or general
   5-23  education degree, twenty-four (24) hours of college credit and
   5-24  twenty (20) hours of bondsman's continuing education, as defined in
   5-25  Section 4(g) of this Act.  Provided, however, that this requirement
    6-1  shall not apply to anyone who acted as a surety in counties in
    6-2  which a license was not required prior to the effective date of
    6-3  this Act nor to anyone licensed or previously licensed to execute
    6-4  bonds by any Board in this State whose license has not been finally
    6-5  revoked prior to the effective date of this Act; <sufficient
    6-6  financial resources to provide indemnity against loss on such
    6-7  obligations as he may undertake as required by Section 6 of this
    6-8  Article.>
    6-9              (4)  in counties having a population of less than
   6-10  110,000 persons according to the most recent federal census,
   6-11  possesses a net worth of at least $10,000; or, in counties having a
   6-12  population of 110,000 or more persons according to the most recent
   6-13  federal census, possesses a net worth of at least $30,000;
   6-14              (5)  possesses the financial resources required by
   6-15  Section 7 of this Act;
   6-16              (6)  submits an application which meets the
   6-17  requirements of this Act for an individual;
   6-18              (7)  has not been:
   6-19                    (a)  barred from the issuance of a license by a
   6-20  valid order of a Board under Section 10 of this Act;
   6-21                    (b)  found finally guilty of any felony within
   6-22  the preceding ten (10) year period;
   6-23                    (c)  found finally guilty of any misdemeanor
   6-24  which involves moral turpitude, other than a Class C misdemeanor,
   6-25  within the preceding one (1) year period; or
    7-1                    (d)  found finally guilty of any felony offense
    7-2  which directly relates to the duties and responsibilities of a bail
    7-3  bondsman as defined in this Act; and,
    7-4              (8)  is not a peace officer, jailer, employee of a law
    7-5  enforcement agency, judicial officer, court employee, or an
    7-6  employee of any similar or related agency.
    7-7        (c)  A corporation is eligible for and shall be issued a
    7-8  license under this Act, if the corporation: <No person shall be
    7-9  eligible for a license under this Act, who after the effective date
   7-10  of this Act, commits an offense for which he is finally convicted,
   7-11  such offense being a felony or misdemeanor involving moral
   7-12  turpitude>
   7-13              (1)  has a valid certificate of authority issued to it
   7-14  by the State Board of Insurance, pursuant to article 8.20,
   7-15  Insurance Code, as amended;
   7-16              (2)  designates in its application an agent who meets
   7-17  the requirements for an individual set forth in Section 3(b),
   7-18  subsections 1, 2, 3, 7 and 8 of this Act; and,
   7-19              (3)  submits an application which meets the
   7-20  requirements of this Act for a corporation;
   7-21        (d)  Notwithstanding any statutory requirements to the
   7-22  contrary, any designated and licensed agent of a corporation under
   7-23  this Act shall not be required to be licensed as a "local recording
   7-24  agent" nor shall any "managing general agent" of a corporation who
   7-25  acts exclusively in the bail bonding business of the corporation be
    8-1  required to be licensed as a "managing general agent", as those
    8-2  terms are defined in the Insurance Code, as amended.  <No
    8-3  corporation is eligible to be licensed unless:>
    8-4              <(1)  it is chartered or admitted to do business in
    8-5  this state; and>
    8-6              <(2)  it is qualified to write fidelity, guaranty and
    8-7  surety bonds under the Texas Insurance Code, as amended.>
    8-8  <Persons licensed to practice law in this state may execute bail
    8-9  bonds or act as sureties for persons they actually represent in
   8-10  criminal cases without being licensed under this Act, but they are
   8-11  prohibited from engaging in the practices made the basis for
   8-12  revocation of license under this Act and if found by the sheriff to
   8-13  have violated any term of this Act, may not qualify thereafter
   8-14  under the exception provided in this subsection unless and until
   8-15  they come into compliance with those practices made the basis of
   8-16  revocation under this Act.  Notwithstanding any other provision of
   8-17  this subsection, no person licensed to practice law shall be
   8-18  relieved of liability on a bail bond he has executed for the sole
   8-19  reason that he has not been employed to represent the principal on
   8-20  the merits of the case if he has been paid a fee for the execution
   8-21  of the bail bond.>
   8-22        (e)  Provided that there is no rule enacted by the Supreme
   8-23  Court or the State Bar which prohibits persons licensed to practice
   8-24  law in this state from executing bonds for their clients, a person
   8-25  so licensed may execute bonds as surety for persons he actually
    9-1  represents in a criminal case without being licensed under this
    9-2  Act.  However, persons licensed to practice law in this state are
    9-3  prohibited from engaging in those practices made the basis for
    9-4  revocation of license under this Act.  If, after notice and a
    9-5  hearing, such person is found by the sheriff to have violated any
    9-6  term of this Act, he may not qualify under the exception provided
    9-7  in this subsection unless and until he comes into compliance with
    9-8  the terms of this Act.  No person licensed to practice law in this
    9-9  state shall execute a bond as surety in any case where he has not
   9-10  been employed to represent the principal on the merits of the
   9-11  criminal case nor shall he be relieved of liability on a bond he
   9-12  has executed as surety for the reason that such employment has been
   9-13  terminated <Persons licensed to practice law in this state may
   9-14  execute bail bonds or act as sureties for persons they actually
   9-15  represent in criminal cases without being licensed under this Act,
   9-16  but they are prohibited from engaging in the practices made the
   9-17  basis for revocation of license under this Act and if found by the
   9-18  sheriff to have violated any term of this Act, may not qualify
   9-19  thereafter under the exception provided in this subsection unless
   9-20  and until they come into compliance with those practices made the
   9-21  basis of revocation under this Act.  Notwithstanding any other
   9-22  provision of this subsection, no person licensed to practice law
   9-23  shall be relieved of liability on a bail bond he has executed for
   9-24  the sole reason that he has not been employed to represent the
   9-25  principal on the merits of the case if he has been paid a fee for
   10-1  the execution of the bail bond.>
   10-2        (f)  A partnership is eligible for and shall be issued a
   10-3  license under this Act, if the partnership:
   10-4              (1)  is organized by a written partnership agreement;
   10-5              (2)  possesses the financial resources required by
   10-6  Section 7 of this Act;
   10-7              (3)  in counties having a population of less than
   10-8  110,000 persons according to the most recent federal census,
   10-9  possesses a net worth of at least $10,000 times the number of
  10-10  partners in the partnership; or, in counties having a population of
  10-11  110,000 or more persons according to the most recent federal
  10-12  census, possesses a net worth of at least $30,000 times the number
  10-13  of partners in the partnership;
  10-14              (4)  includes as partners only individuals who each
  10-15  meet the requirements set forth in Section 3(b) subsections 1, 2,
  10-16  3, 7, and 8 of this Act for an individual; and
  10-17              (5)  submits an application which meets the
  10-18  requirements of this Act for a partnership.
  10-19        (g)  Any person employed by or contracting with a bondsman to
  10-20  provide any service which facilitates the execution of a specific
  10-21  bond or requires contact with the general public, other than a bona
  10-22  fide telephone answering service or the designated agent of a
  10-23  corporate bondsman, must file an application for an identification
  10-24  card with the Board.  The application shall contain the information
  10-25  required by Section 6(b)(1) of this Act, certify that the applicant
   11-1  is in compliance with the terms of Section 3(b)(7) and (8) of this
   11-2  Act, and be accompanied by an application fee of $25.  The Sheriff
   11-3  shall verify the information contained in the application and the
   11-4  Chairman or staff of the Board shall issue an identification card
   11-5  to a qualified applicant.  The application shall act as a temporary
   11-6  identification card until a final determination on the application
   11-7  is made.
   11-8        Sec. 4.  RESPONSIBILITIES OF BONDSMEN <RECORDS REQUIRED OF
   11-9  LICENSEES>.  (a)  A bondsman licensed under this Act shall maintain
  11-10  a record of each bond on which the bondsman appears as surety and
  11-11  shall maintain a separate set of records for each county in which
  11-12  the bondsman is licensed.  The records shall include the following
  11-13  information for each bond executed and enforced:
  11-14              (1)  the style and number of the cause in which the
  11-15  bond is given and if possible the court in which it is executed;
  11-16              (2)  the name and address of the defendant released on
  11-17  bond;
  11-18              (3)  the amount of the bail set in the case; <and>
  11-19              (4)  the amount and type of security held by the
  11-20  bondsman, together with a statement as to whether the security was
  11-21  taken for payment of a bail bond fee or for assurance of the
  11-22  principal's appearance in court or both and the conditions under
  11-23  which the security will be returned.  <No security shall be held
  11-24  for both the payment of a bail bond fee and assurance of the
  11-25  principal's appearance in court that is in excess of the particular
   12-1  risk involved.>
   12-2              (5)  the name of the person who placed the security
   12-3  with the bondsman; and
   12-4              (6)  the fee charged for the bond and by whom the fee
   12-5  was paid.
   12-6        (b)  The records shall be <submitted to the board or a person
   12-7  designated by the board> available for inspection during normal
   12-8  business hours by a representative of the Board appointed in
   12-9  writing upon presentment of a written request for inspection.  The
  12-10  appointment of such representative shall be a Board action.  No
  12-11  original document shall be taken from the inspection site pursuant
  12-12  to an inspection under this subsection and the Board's
  12-13  representative shall provide a receipt to the bondsman for any
  12-14  copies of documents taken.  The bondsman shall be afforded a
  12-15  reasonable time to produce any lost, misplaced or archived document
  12-16  not immediately available for inspection.  The bondsman shall keep
  12-17  the records required by this Act for a period of five years. <for
  12-18  inspection prior to each renewal of the bondsman's license and
  12-19  shall be available for inspection on demand by the board or its
  12-20  authorized representative.>
  12-21        (c)  The bondsman shall notify the Board in writing of any
  12-22  material change in the information submitted on the original
  12-23  license application.  Such notification shall be given thirty (30)
  12-24  days prior to the effective date of any change in the information
  12-25  specified in subsection (1) below and within thirty (30) days after
   13-1  the date any change is effective for information specified in
   13-2  subsections (2), (3), (4) and (5) below.  For purposes of this
   13-3  Section, material changes are defined as changes in:
   13-4              (1)  The business street, telephone number or mailing
   13-5  address of the individual bondsman or agent of the licensee;
   13-6              (2)  The name of the bonding business;
   13-7              (3)  Any certificate of incorporation, authority, or
   13-8  good standing filed by the bondsman;
   13-9              (4)  Any power of attorney which is required by this
  13-10  Act.  Provided, however, that any revocation of such power of
  13-11  attorney shall not be effective until filed in writing with the
  13-12  County Clerk and the Board; or
  13-13              (5)  The persons employed or contracting with the
  13-14  bondsman who are subject to Section 3(h) of this Act.
  13-15              (6)  This subsection does not apply to changes in
  13-16  financial resources deposited or withdrawn from the bondsman's bail
  13-17  security fund account nor to any financial information or statement
  13-18  otherwise required under this Act, unless the result of such change
  13-19  is to reduce the net worth of the bondsman by twenty-five percent
  13-20  (25%) or more.
  13-21        (d)  The bondsman shall submit copies of any new items that
  13-22  fall within the parameters of Section 6(b)(4)(g) to the Custodian
  13-23  within thirty (30) days of the date the new item is effective.
  13-24        (e)  A partnership licensed under this Act shall notify the
  13-25  Board in writing of any proposed change in its partners before such
   14-1  change is effective.  The proposed partner shall submit the items
   14-2  and information required of such partner by the relevant
   14-3  subsections of Section 3 of this Act.   If the proposed partner
   14-4  meets the relevant requirements of Section 3 of this Act, the Board
   14-5  shall issue a certificate of acceptance.  If the new partner does
   14-6  not meet the relevant requirements of Section 3 of this Act, the
   14-7  Board shall notify the proposed partner and the partnership stating
   14-8  that the change is refused and the facts and Sections of this Act
   14-9  relied upon for such refusal.
  14-10        (f)  Each individual, corporate agent, or partner who will
  14-11  execute bonds under this Act shall complete a minimum of eight (8)
  14-12  hours of bondsman's continuing education by the anniversary date of
  14-13  his license issuance each year.  This requirement shall not apply
  14-14  to any bondsman who is sixty-five (65) years or older or who has
  14-15  maintained a bondsman's license for a minimum of fifteen (15) years
  14-16  on the date this provision becomes effective.  The Professional
  14-17  Bondsmen of Texas Association shall conduct bondsman's continuing
  14-18  education programs pursuant to this subsection which shall be
  14-19  reasonably and directly related to the bonding business and the
  14-20  Association may access a reasonable fee from each individual
  14-21  registering for each such program.  The Association shall provide
  14-22  each individual in actual attendance at each such program with a
  14-23  certificate of attendance which shall specify the name of the
  14-24  person attending and the number of hours of the program.  Such
  14-25  certificate shall be conclusive proof of attendance by the named
   15-1  individual for the number of hours of stated continuing education.
   15-2        Sec. 5.  County Bail Bond Board.  (a)  There is hereby
   15-3  created in all counties <having a population of 110,000 or more,
   15-4  according to the most recent federal census,> a County Bail Bond
   15-5  Board.  <In counties of less than 110,000, the creation of a county
   15-6  bail bond board is within the discretion of a majority of the
   15-7  officers of the county who would be members of, or who would
   15-8  designate members of, such a Board under the provisions of this
   15-9  Act.>
  15-10        (b)  Any Board created by election of the county under prior
  15-11  law shall be composed of the persons specified in subsection (c) of
  15-12  this section, after the effective date of this Act.  In counties
  15-13  having a population of less than 110,000 persons according to the
  15-14  most recent federal census in which there is no Board on the
  15-15  effective date of this Act, the County Sheriff shall act as the
  15-16  County Bail Bond Board.  Subject to all other provisions of this
  15-17  Act, the County Sheriff may set a bail security fund requirement
  15-18  which shall apply uniformly in his county.  Such bail security fund
  15-19  requirement may permit the use of varied types of security, but may
  15-20  not require less than the minimum amount of security specified
  15-21  under Section 7 of this Act.  <The County Bail Bond Board shall be
  15-22  composed of the following persons:>
  15-23              <(1)  the county sheriff or a designee from his office
  15-24  who may be his administrator or a deputy sheriff of the rank of
  15-25  sergeant or greater;>
   16-1              <(2)  a district judge of the county having
   16-2  jurisdiction over criminal matters designated by the presiding
   16-3  judge of the administrative judicial district;>
   16-4              <(3)  the county judge or a member of the commissioners
   16-5  court designated by the county judge, or a designee approved by the
   16-6  commissioners court;>
   16-7              <(4)  a judge of a county court or a county court at
   16-8  law in the county having jurisdiction over criminal matters
   16-9  designated by the commissioners court;>
  16-10              <(5)  the district attorney or his designee if that
  16-11  person is an assistant district attorney;>
  16-12              <(6)  a licensed bondsman, licensed in the county,
  16-13  elected by other county licensees;>
  16-14              <(7)  a justice of the peace;>
  16-15              <(8)  the district clerk or his designee;>
  16-16              <(9)  the county clerk or a designee from his office,
  16-17  except in those counties where the county clerk has no criminal
  16-18  matters jurisdiction; and>
  16-19              <(10)  the board may appoint a presiding judge of a
  16-20  municipal court located within the county.>
  16-21              <(10)  the presiding municipal judge of the principal
  16-22  city in a county in which the principal city designates a presiding
  16-23  judge in its municipal court system.>
  16-24        (c)  In counties having a population of 110,000 or more
  16-25  persons according to the most recent federal census, the County
   17-1  Bail Bond Board shall be composed of the following persons:
   17-2              (1)  The County Sheriff or a designee from his office
   17-3  who may be his administrator or a deputy sheriff of the rank of
   17-4  sergeant or greater;
   17-5              (2)  A district judge of the county having jurisdiction
   17-6  over criminal matters designated by the presiding judge of the
   17-7  administrative judicial district;
   17-8              (3)  The County Judge or a member of the commissioners
   17-9  court designated by the County Judge;
  17-10              (4)  A judge of a county court or a county court at law
  17-11  in the county having jurisdiction over criminal matters designated
  17-12  by the commissioners court;
  17-13              (5)  The District Attorney or his designee if that
  17-14  person is an assistant district attorney;
  17-15              (6)  A bondsman licensed in the county and elected by
  17-16  the licensed bondsmen of the county or his designee if that person
  17-17  is also a bondsman licensed in the County;
  17-18              (7)  A justice of the peace in the county;
  17-19              (8)  The District Clerk or a designee from his office;
  17-20              (9)  The County Clerk or a designee from his office,
  17-21  except in those counties where the county clerk has no criminal
  17-22  matter jurisdiction; and
  17-23              (10)  The Board may appoint a presiding judge of a
  17-24  municipal court located within the county <The board shall meet
  17-25  within 60 days after its creation.  The board shall initially elect
   18-1  one of its members as chairman who shall preside at all meetings to
   18-2  be held thereafter at the call of the chairman>.
   18-3        (d)  Designees serve at the pleasure of the appointing
   18-4  authority and until a new appointment is received by the Board.
   18-5  Appointments are effective when received by the Board, shall be
   18-6  entered in the records of the Board, and are made as follows:
   18-7  <Four-members of the board shall constitute a quorum for the
   18-8  conduct of business.  All action by the board shall require the
   18-9  vote of a majority of the members present.  The board shall meet at
  18-10  least once a month>
  18-11              (1)  A public official or body who has the right to
  18-12  appoint a designee under this Section shall do so in writing
  18-13  addressed to the Board.
  18-14              (2)  The bondsmen licensed in the county shall annually
  18-15  elect their representative.  The representative shall be named in
  18-16  writing, addressed to the Board and signed by at least a majority
  18-17  of the bondsmen licensed in the county, with each signature
  18-18  acknowledged by a person authorized by law to take
  18-19  acknowledgements.
  18-20        (e)  The Board shall meet within sixty (60) days after its
  18-21  creation and shall initially elect one of its members as Chairman
  18-22  who shall preside at all meetings.  The Board shall thereafter
  18-23  annually elect one of its members as Chairman.  Meetings shall be
  18-24  at the call of the Chairman or upon the written request of four
  18-25  members of the Board <Unless clearly not required by this Act, all
   19-1  rules, regulations, and actions of the board passed pursuant to
   19-2  this Act shall be posted at an appropriate place in the courthouse
   19-3  for a period of 10 days prior to their effective date>.
   19-4        (f)  Six (6) members of the Board shall constitute a quorum
   19-5  for the conduct of business.  All action by the Board shall require
   19-6  the vote of a majority of the members present, except an action
   19-7  under Section 10(k) of this Act shall require the affirmative vote
   19-8  of at least eight (8) members of the Board.  This subsection shall
   19-9  not apply to those counties in which the Sheriff is the sole member
  19-10  of the Board <In addition to the powers and duties given to the
  19-11  County Bail Bond Board by this Act, the board has the following
  19-12  powers and duties:>
  19-13              <(1)  To exercise any powers incidental or necessary to
  19-14  the administration of this Act, to supervise and regulate all
  19-15  phases of the bonding business and enforce this Act with in the
  19-16  county, and to prescribe and post any rules necessary to implement
  19-17  this Act;>
  19-18              <(2)  To conduct hearings and investigations and make
  19-19  determinations respecting the issuance, refusal, suspension, or
  19-20  revocation of licenses to bondsmen within the provisions of this
  19-21  Act and to issue licenses to those applicants who qualify under the
  19-22  terms of this Act, to refuse licenses to those applicants who do
  19-23  not qualify, and to suspend or revoke the licenses of licensees who
  19-24  commit violations under this Act or the rules prescribed by the
  19-25  board under this Act;>
   20-1              <(3)  To require applicants and licensees to appear
   20-2  before the board, and to administer oaths, examine witnesses, and
   20-3  compel the production of pertinent books, accounts, records,
   20-4  documents, and testimony by the licensee or applicant in its
   20-5  hearings;>
   20-6              <(4)  To cause records and transcripts to be made of
   20-7  all its proceedings;>
   20-8              <(5)  To maintain records and minutes and otherwise
   20-9  operate its office affairs;>
  20-10              <(6)  To employ such employees to assist the board in
  20-11  its functions as necessary;>
  20-12              <(7)  To furnish and post in each court in the county
  20-13  having jurisdiction of criminal cases and each local official
  20-14  responsible for the detention of prisoners in the county with
  20-15  current lists of the bondsmen and their agents licensed and
  20-16  approved in the county and to notify immediately each court and
  20-17  local official when a bondsman's license is suspended or revoked or
  20-18  an agent's authority is rescinded; and>
  20-19              <(8)  To file reports and furnish information on the
  20-20  operation of the bonding business in the county at the request of
  20-21  the Texas Judicial Council which shall report annually to the
  20-22  governor and the legislature on or before December 1 of each year
  20-23  on the operation of the bonding business in the state>.
  20-24        (g)  All rules and orders of the Board enacted pursuant to
  20-25  this Act shall be posted at an appropriate place in the courthouse
   21-1  for a period of ten (10) days prior to their effective date.
   21-2        (h)  All fees collected by the Board shall be deposited in
   21-3  the general fund of the county for use in the administration and
   21-4  enforcement of this Act.  The Board shall be and is authorized to
   21-5  receive disbursements from the general fund of the county for
   21-6  reasonable expenses incurred in the enforcement of this Act;
   21-7  however, service on the Board is considered an additional duty of
   21-8  office.   Members of the Board are not entitled to compensation for
   21-9  such Board duties, but may receive reimbursement of any expenses
  21-10  actually incurred as a result of their service on the Board.
  21-11        (i)  Any real property deeded by the Custodian to the Board
  21-12  shall be disposed of and managed in a commercially reasonable
  21-13  manner.  The Board may contract with a real estate agent to sell
  21-14  the property and to rent or manage the property pending sale.  The
  21-15  Board may authorize the agent to exercise any and all rights which
  21-16  the Board may have incident to such sale or management of the
  21-17  property and shall insure the property pending sale.  The Board may
  21-18  pay the agent a reasonable fee for such services and shall require
  21-19  a fidelity bond from the agent sufficient to secure the amount of
  21-20  funds anticipated to be received during management of the property.
  21-21  All funds received by the agent in the course of the management of
  21-22  the property shall be remitted to the Board monthly.  Any sale of
  21-23  real property under this Section must be for cash.
  21-24        (j)  The Board shall maintain current records of the total of
  21-25  each bondsman's liability on outstanding bonds,  liability on
   22-1  declarations of forfeiture, and liability on final judgments on
   22-2  bonds.
   22-3        (k)  The Board has the following powers and duties:
   22-4              (1)  To exercise any powers incidental or necessary to
   22-5  the administration of this Act, to supervise its licensees, to
   22-6  enforce this Act within the county, and to prescribe and post any
   22-7  rules necessary to implement this Act;
   22-8              (2)  To conduct investigations and hearings; to make
   22-9  determinations by written order respecting the issuance, refusal,
  22-10  suspension, or revocation of licenses under the provisions of this
  22-11  Act; to impose penalties upon persons who commit violations of the
  22-12  provisions of this Act or the rules prescribed by the Board under
  22-13  this Act; and to bar individuals from the bonding business under
  22-14  Section 10 of this Act;
  22-15              (3)  To require by thirty (30) days written notice the
  22-16  production of relevant books, accounts, records or documents and
  22-17  the appearance of persons with knowledge pertinent to matters
  22-18  pending before the Board.
  22-19              (4)  To apply to a district court in the county for an
  22-20  order to compel the production of relevant books, accounts, records
  22-21  or documents and the appearance of persons with knowledge pertinent
  22-22  to matters pending before the Board;
  22-23              (5)  To administer oaths and to examine witnesses;
  22-24              (6)  To cause records and transcripts to be made of all
  22-25  its proceedings;
   23-1              (7)  To maintain records and minutes and otherwise
   23-2  operate its office affairs;
   23-3              (8)  To engage such employees to assist the Board in
   23-4  its functions as necessary;
   23-5              (9)  To furnish each court in the county having
   23-6  jurisdiction of criminal cases, each local official responsible for
   23-7  the detention of prisoners in the county and each licensed bondsman
   23-8  in the county with current lists of the bondsmen, their agents and
   23-9  employees and to notify immediately each court and local official
  23-10  when a license has been suspended or revoked, or an agent's
  23-11  authority is rescinded; and
  23-12              (10)  To require bondsmen, attorneys, sheriffs, clerks
  23-13  and Personal Bond Offices in the county to annually on or before
  23-14  November 1 of each year to furnish information to the Texas
  23-15  Judicial Council on bonds executed in the county by submission of
  23-16  the following form:
  23-17                          ANNUAL BOND REPORT
  23-18                                  for
  23-19                             19__ to 19__
  23-20  Entity Reporting:                                           County:
  23-21  Name of Agent (if applicable):         License No. (if applicable):
  23-22  Name of Business (if applicable):       Expiration (if applicable):
  23-23  Mailing Address:
  23-24                                      Number      Dollar Amount
  23-25  Bonds Executed:
   24-1      Felony:
   24-2      Misdemeanor:
   24-3      Total:
   24-4  Declarations of Forfeiture:
   24-5      Felony Bonds:
   24-6      Misdemeanor Bonds:
   24-7      Total Bonds:
   24-8  Final Judgments Entered:
   24-9      Felony Bonds:
  24-10      Misdemeanor Bonds:
  24-11      Total:
  24-12  Rearrest Costs Paid
  24-13  Affidavits to Go Off Bond Filed:
  24-14  Bills of Review Filed:
  24-15        I, the undersigned, certify that this is an accurate record
  24-16  of the information requested to the best of my knowledge.
  24-17  _______________________________________________
  24-18                           Signature and Date
  24-19                           _____________________________
  24-20                           Typed Name and Title
  24-21        Sec. 6.  Application and Issuance of License.  (a)  Any
  24-22  person desiring to act as a bondsman in any court of the county
  24-23  shall file with the <County Bail Bond> Board a sworn application
  24-24  for a license.  The application shall <be in such form and shall>
  24-25  contain the <such> information and be accompanied by the items
   25-1  required by this Section <as the board may prescribe including the
   25-2  following:>  No license may be issued to any person who has not
   25-3  complied with the requirements of this Act for applying for an
   25-4  original or renewal license.  At the time of filing an application
   25-5  for a license, the Board shall provide the applicant with a copy of
   25-6  this Act and with a copy of the current rules of the Board; the
   25-7  applicant shall execute a receipt which acknowledges acceptance of
   25-8  these items.
   25-9              <(1)  The name, age, and address of the applicant, and
  25-10  if the applicant is a surety corporation, and whether chartered or
  25-11  admitted to do business in this state and qualified to write
  25-12  fidelity, guaranty, and surety bonds under the Texas Insurance
  25-13  Code, as amended;>
  25-14              <(2)  The name under which the business shall be
  25-15  conducted;>
  25-16              <(3)  The name of the place of places, including street
  25-17  address and city, wherein the business is to be conducted;>
  25-18              <(4)  A statement listing any nonexempt real estate
  25-19  owned by the applicant that the applicant intends to convey in
  25-20  trust to the board to secure payment of any obligations incurred by
  25-21  the applicant in the bonding business if the license is granted.
  25-22  The following shall be included for each parcel listed:>
  25-23                    <(A)  a legal description equivalent to the
  25-24  description required to convey the property by general warranty
  25-25  deed;>
   26-1                    <(B)  current statements from each taxing unit
   26-2  with power to assess or collect taxes against the property
   26-3  indicating that there are no outstanding tax liens against the
   26-4  property and indicating the net value of the property according to
   26-5  the current appraisal made by a member of the Society of Real
   26-6  Estate Advisors or a Member of Appraisal Institute, accompanied by
   26-7  a statement from the applicant agreeing to keep all taxes paid on
   26-8  the property while it remains in trust;>
   26-9                    <(C)  a statement of the applicant that he will
  26-10  not further encumber the property after conveying it in trust to
  26-11  the County Bail Bond Board, without notifying and obtaining the
  26-12  permission of the board;>
  26-13                    <(D)  an agreement to insure and keep current the
  26-14  insurance on any improvements on the property against any damage or
  26-15  destruction while the property remains in trust, in the full amount
  26-16  of the value claimed for the improvements;>
  26-17                    <(E)  a statement indicating whether the
  26-18  applicant is married and, if so, a sworn statement from the spouse
  26-19  agreeing to transfer to the board, as a part of the trust, any
  26-20  right, title, or interest that the spouse may have in the property;
  26-21  and the spouse must execute the deeds of trust to any community
  26-22  property placed in the security deposit required under this
  26-23  section;>
  26-24              <(5)  A statement indicating the amount of cash or cash
  26-25  value of any certificate of deposit or cashier's checks which the
   27-1  applicant intends to place on deposit with the county treasurer to
   27-2  secure payment of any obligations incurred by the applicant in the
   27-3  bonding business if the license is granted;>
   27-4              <(6)  A complete, sworn financial statement;>
   27-5              <(7)  A declaration by the applicant that he will
   27-6  comply with this Act and the rules prescribed by the board.>
   27-7        (b)  If the applicant is an individual, the application shall
   27-8  contain:
   27-9              (1)  The name, date of birth, place of birth, driver's
  27-10  license number or Texas Department of Public Safety-issued I.D.
  27-11  card number, social security number and the business street,
  27-12  telephone number, and mailing address of the applicant;
  27-13              (2)  The name under which the applicant shall conduct
  27-14  his business.  If an assumed name will be used, a copy of the
  27-15  assumed name certificate which has been filed with the county clerk
  27-16  as required by law;
  27-17              (3)  The place or places, including street address and
  27-18  city, wherein the business is to be conducted;
  27-19              (4)  A schedule of any real property in the county, or
  27-20  any contiguous county,  owned by the applicant which the applicant
  27-21  will apply toward the financial resources requirements of this Act,
  27-22  if the application is granted.  The following shall be included for
  27-23  each parcel listed in the schedule:
  27-24              (a)  A certified copy of the deed by which title to the
  27-25  property was conveyed to the applicant;
   28-1              (b)  Current statements from each taxing unit with
   28-2  power to assess or collect taxes against the property indicating
   28-3  that there are no outstanding tax liens against the property and
   28-4  the current value placed upon the property for the purposes of
   28-5  taxation and an appraisal of the property by a real estate
   28-6  appraiser who is licensed or certified under the Texas Appraiser
   28-7  Licensing and Certification Act (Article 6573a 2. Vernon's Texas
   28-8  Civil Statutes).
   28-9              (c)  A statement from the applicant agreeing to keep
  28-10  all taxes paid on the property while it remains in trust;
  28-11              (d)  A deed of trust executed by the applicant and
  28-12  spouse (if any) in a standard form promulgated by the State Bar of
  28-13  Texas which shall convey to the Custodian title to the property in
  28-14  trust free and clear of any liens except taxes which are not then
  28-15  due or payable and liens which contain the following specific
  28-16  language:  "This debt or lien is in all respects subordinate to the
  28-17  lien of the Custodian, under the provisions of the Bail Reform Act
  28-18  of 1993.";
  28-19              (e)  A note executed by the applicant payable to the
  28-20  order of the Custodian in an amount equal to the appraised value of
  28-21  the property, as determined under Section 6(b)(4)(b).  The note
  28-22  shall be due and payable upon thirty (30) days written notice;
  28-23              (f)  A mortgagee's policy issued by a title insurance
  28-24  company authorized to execute title policies in this state,
  28-25  insuring title to the property to the Custodian free and clear of
   29-1  any liens except taxes which are not then due and payable or liens
   29-2  which are in all respects subordinate to the lien of the Custodian.
   29-3  The policy shall be in the amount of the note issued by the
   29-4  applicant to the Custodian.  A licensee who has previously pledged
   29-5  real property under prior law shall have three (3) years from the
   29-6  effective date of this Act in which to obtain and tender to the
   29-7  Board the title insurance required by this subsection.
   29-8              (g)  If there are improvements on the property, proof
   29-9  of hazard insurance which shall show the Custodian as the primary
  29-10  loss payee.  Such proof shall be dated no more than forty-five (45)
  29-11  days prior to the date filed with the Board.  The policy shall be
  29-12  in the amount of the replacement value of the improvements.
  29-13              (h)  Copies of any liens upon the property and evidence
  29-14  that such claims are subordinate in all respects to the lien of the
  29-15  Custodian.
  29-16              (5)  A schedule of cash, cashier's checks, cash
  29-17  equivalents, or certificates of deposit which the applicant will
  29-18  apply toward the financial resources requirement of this Act, if
  29-19  the application is granted;
  29-20              (6)  A full, complete, sworn financial statement which
  29-21  includes an accurate listing of any and all persons or entities
  29-22  having or claiming a financial interest, present or contingent, in
  29-23  any aspect or asset, capital, income or proceeds, of the
  29-24  applicant's proposed bonding business;
  29-25              (7)  A declaration by the applicant that he will comply
   30-1  with this Act and the rules prescribed by the Board;
   30-2              (8)  If the applicant has been issued a license under
   30-3  this Act by a Board in another county, the applicant shall certify
   30-4  that he is in good standing in such named county or, if not in good
   30-5  standing, state the reasons therefore.  Good standing for the
   30-6  purpose of this subsection requires that the applicant has no
   30-7  unpaid final judgments for bond forfeitures in such other county,
   30-8  has not been barred from the issuance of a license in such other
   30-9  county, and that any license issued to him by such other Board has
  30-10  not been finally revoked.
  30-11              (9)  Letters of recommendation from three reputable
  30-12  persons, other than employees or relatives of the applicant, who
  30-13  have known the applicant for a period of at least three (3) years.
  30-14  Each letter shall recommend the applicant as having a reputation of
  30-15  honesty, truthfulness, fair dealing and competency and shall
  30-16  recommend that the license be granted;
  30-17              (10)  A recent photograph of the applicant and a set of
  30-18  fingerprints of the applicant taken by a law enforcement agency
  30-19  designated by the Board; and
  30-20              (11)  An application fee of $500.  Subsections (9) and
  30-21  (10) only apply to applications for an original license and do not
  30-22  apply to an application for renewal of a license.  <The application
  30-23  of an individual for a license under this Act shall be accompanied
  30-24  by letters of recommendation from three reputable persons who have
  30-25  known the applicant for a period of at least three years.  If the
   31-1  applicant is a corporation, the letters shall be required for the
   31-2  person to be in charge of its business in the county.  Each letter
   31-3  shall recommend the applicant or person who will be in charge of
   31-4  its business as having a reputation of honesty, truthfulness, fair
   31-5  dealing, and competency and shall recommend that the license be
   31-6  granted.  If the applicant or the person to be in charge of its
   31-7  business has been licensed under this Act in another county, the
   31-8  application shall be accompanied by a letter from each appropriate
   31-9  board stating whether or not the applicant is in good standing in
  31-10  the county where he is licensed.>
  31-11        (c)  If the applicant is a corporation, a separate license is
  31-12  required for each of its agents; however, there is no maximum
  31-13  number of licenses which may be issued to any one corporation.  An
  31-14  application by a corporation shall contain:
  31-15              (1)  The name of the corporation, the name and title of
  31-16  its chief executive officer, the street and mailing address of its
  31-17  principal office, the corporation's federal tax number, and the
  31-18  name, street and mailing address of its registered agent for
  31-19  service of process in this state;
  31-20              (2)  A certified copy of its certificate of
  31-21  incorporation and, if a foreign corporation, a certificate of
  31-22  authority to do business in this state;
  31-23              (3)  A certificate of good standing issued by the state
  31-24  of incorporation and, if a foreign corporation, by this state,
  31-25  dated no more than forty-five (45) days prior to filing with the
   32-1  Board, together with the items required by Section 6(b)(8);
   32-2              (4)  A certified copy of the certificate of authority
   32-3  issued to it by the State Board of Insurance, under the provisions
   32-4  of art. 8.20 of the Insurance Code, as amended;
   32-5              (5)  A certified statement signed by its secretary that
   32-6  there have been no material changes in the corporate status since
   32-7  the dates indicated on the items required by subsections 2, 3, and
   32-8  4 of this Section;
   32-9              (6)  For the agent named in its application, the items
  32-10  required by Section 6(b) subsections 1, 2, 3, 9 and 10 of this Act
  32-11  for individual applicants;
  32-12              (7)  A certified copy of the power of attorney issued
  32-13  by the corporation to its named agent and filed with the county
  32-14  clerk, which authorizes the agent to execute bonds for the
  32-15  corporation and binds the corporation on any bond so executed; and
  32-16              (8)  An application fee of $500. for each agent of the
  32-17  corporation.   <The application shall be accompanied by a fee of
  32-18  $500 for the filing of any original application, a photograph of
  32-19  the applicant, and a set of fingerprints of the applicant taken by
  32-20  a law enforcement officer designated by the board.>
  32-21        (d)  If the applicant is a partnership, the application shall
  32-22  contain:
  32-23              (1)  The name of the partnership, the partnership's
  32-24  federal tax number, and the street and mailing address of its
  32-25  principal office, and the name, street and mailing address of its
   33-1  registered agent for service of process in this state;
   33-2              (2)  A certified copy of the current partnership
   33-3  agreement;
   33-4              (3)  A certificate of good standing issued by its state
   33-5  of origin dated no more than forty-five (45) days prior to filing
   33-6  with the Board.  If the state of origin does not issue such
   33-7  certificates of good standing, a document stating such fact must
   33-8  accompany the application;
   33-9              (4)  A certified statement signed by each partner that
  33-10  there have been no material changes in the partnership status since
  33-11  the dates indicated on the items required by subsections 2 and 3 of
  33-12  this Section;
  33-13              (5)  For the partnership, the items and information
  33-14  required by Section 6(b) subsections 2, 3, 4, 5, 6, 7 and 8 of this
  33-15  Act for individual applicants;
  33-16              (6)  For each partner, the items and information
  33-17  required by Section 6(b) subsections 1, 7, 9, and 10 of this Act
  33-18  for individual applicants;
  33-19              (7)  A certified copy of the power of attorney issued
  33-20  by the partnership to each partner who will execute bonds which has
  33-21  been filed with the County Clerk and binds the partnership on any
  33-22  bond so executed; and
  33-23              (8)  An application fee of $500. for each partner in
  33-24  the partnership <Prior to a hearing on the application, the board
  33-25  or its authorized representative shall conduct necessary inquiries
   34-1  to determine whether the applicant possesses the financial
   34-2  responsibility and meets other requirements of this Act>.
   34-3        (e)  Within sixty (60) days after the filing of an
   34-4  application for an original license, the Chairman or staff of the
   34-5  Board shall make the necessary inquiries and shall issue a
   34-6  preliminary determination regarding compliance with Sections 3 and
   34-7  6 of this Act.  <A hearing shall be held on the application after
   34-8  the board conducts the inquiries required by Subsection (d) of this
   34-9  section.  The board may submit any questions to the applicant and
  34-10  the applicant's agents relevant to its ruling on the application,
  34-11  and the applicant is entitled to present or a land documentary
  34-12  evidence to the board.  If, after the hearing, the board is
  34-13  satisfied that no grounds exist on which to refuse the application,
  34-14  the board shall enter an order tentatively approving the
  34-15  application subject to the application being perfected by the
  34-16  filing of the security deposits required of licensees under this
  34-17  Act.  If the board is not so satisfied, it shall enter an order
  34-18  refusing the license.>
  34-19        (f)  Within ninety (90) days after the filing of the
  34-20  application, the Board shall hold a hearing upon the application.
  34-21  A written notice mailed at least fifteen (15) days prior to the
  34-22  hearing shall be sent to the applicant accompanied by a summary of
  34-23  any basis for any preliminary determination that the license should
  34-24  be denied which will be presented at the hearing.  The applicant
  34-25  has the burden of showing that he is entitled to a license and he
   35-1  is entitled to present oral and documentary evidence at this
   35-2  hearing.  The Board may submit questions to the applicant, its
   35-3  partners, or agents relevant to its ruling on the application.  All
   35-4  persons, including Board members, who testify or make factual
   35-5  allegations before the Board shall be put under oath <Upon notice
   35-6  from the board that the application has been tentatively approved,
   35-7  the applicant shall then:>
   35-8              <(1)  deposit with the county treasurer of the county
   35-9  in which the license is to be issued a cashier's check, certificate
  35-10  of deposit, cash, or cash equivalent in the amount indicated by the
  35-11  applicant under Subdivision (5) of Subsection (a) of Section 6 of
  35-12  this Act but in no event less than $50,000 except in counties with
  35-13  populations of less than 250,000 persons by the most recent federal
  35-14  census, the amount for applicants in said counties shall be $10,000
  35-15  to be held in a special fund to be called the bail security fund;
  35-16  or>
  35-17              <(2)  execute in trust to the board deeds to the
  35-18  property listed by the applicant under Subdivision (4) of
  35-19  Subsection (a) of Section 6 of this Act, which property shall be
  35-20  valued in the amount indicated on an appraisal by a member of the
  35-21  Society of Real Estate Appraisers or a Member of Appraisal
  35-22  Institute of the county in which it is located, but in no event
  35-23  less than $50,000 valuation, except in counties with populations of
  35-24  less than 250,000 persons by the most recent federal census, the
  35-25  amount for applicants in said counties shall be $10,000, the
   36-1  condition of the trust being that the property may be sold to
   36-2  satisfy any final judgment forfeitures that may be made in bonds on
   36-3  which the licensee is surety after such notice and upon such
   36-4  conditions as are required by the Code of Criminal Procedure, 1965,
   36-5  as amended, in bond forfeiture cases; the board shall file the
   36-6  deeds of trust in the records of each county in which the property
   36-7  is located, and the applicant shall pay the filing fees.>
   36-8              <(3)  If the licensee is a corporation, it shall
   36-9  furnish to the sheriff an irrevocable letter of credit as a cash
  36-10  equivalent to satisfy any final judgment of forfeiture that may be
  36-11  made on any bonds on which the corporate licensee is surety>.
  36-12        (g)  At the hearing, if the Board finds that the application
  36-13  and the applicant meet the requirements of this Act, the applicant
  36-14  shall deposit with the Board any cash, cash equivalents,
  36-15  certificates of deposit, letters of credit or documentation for
  36-16  parcels of real property which were listed on the application as to
  36-17  be applied to the financial resources requirements of this Act.  If
  36-18  the applicant deposits sufficient financial resources at the
  36-19  hearing to meet the minimum financial resources requirements of
  36-20  this Act, the Board shall issue an order of license approval.  The
  36-21  applicant may tender a commitment for title policy insurance and an
  36-22  executed, but unrecorded, deed of trust at the hearing in lieu of
  36-23  the mortgagee's policy required by Section 6(b)(4)(e); however, the
  36-24  deed of trust shall be recorded immediately after approval of the
  36-25  license and the bondsman's bail security fund account shall not
   37-1  reflect the value of the real property pledged unless a mortgagee's
   37-2  policy which complies with the requirements of Section 6(b)(4)(e)
   37-3  is delivered to the Board within thirty (30) days of the date the
   37-4  license was approved.  Pending receipt of the specified real
   37-5  property documentation, the Board shall issue a written order of
   37-6  tentative approval of the license, if other financial resources
   37-7  which are sufficient to meet the minimum requirements of this Act
   37-8  have not been deposited.  If the applicant does not deliver the
   37-9  required real property documentation within thirty (30) days of the
  37-10  Board's tentative approval, such approval is withdrawn and the
  37-11  applicant must again comply with the requirements of this Act for
  37-12  the issuance of an original license <No bondsman may execute, in
  37-13  any county, bail bonds that in the aggregate exceed 10 times the
  37-14  value of the property held as security on deposit or in trust under
  37-15  Subsection (f) of this section.  A county officer or employee
  37-16  designated by the board shall maintain a current total of the
  37-17  bondsman's potential liability on bonds in force, and no further
  37-18  bonds may be written by or accepted from the bondsman when the
  37-19  limit is reached.  When a bondsman's total liability on judgments
  37-20  nisi reaches two times the same amount as he has on deposit as
  37-21  security, no further bonds may be written until the bondsman posts
  37-22  additional security as required in this subsection.  A bondsman
  37-23  whose license is effective may, at any time, by posting additional
  37-24  security, increase the bondsman's limit>.
  37-25        (h)  If the Board finds grounds under this Act to deny the
   38-1  application, it shall enter a written order denying the application
   38-2  within ten (10) days after the hearing.  The order shall state the
   38-3  facts and Sections of this Act relied upon by the Board for such
   38-4  denial.  Should the Board fail to enter a written order under this
   38-5  subsection or under subsection (h) of this Section within one
   38-6  hundred (100) days of the date the application is filed, an order
   38-7  of denial of the license shall issue by law <The cash deposit or
   38-8  the funds realized from the trust shall be used to pay the final
   38-9  judgments of any bail forfeitures that result from the licensee's
  38-10  execution of a bail bond, if the licensee fails to satisfy the
  38-11  judgment within 30 days after a final judgment of forfeiture.  When
  38-12  any sums are depleted from the deposit or trust to pay a judgment
  38-13  resulting from a forfeited bond, the licensee shall, as a condition
  38-14  to continuing as a licensee, replenish the amount so depleted up to
  38-15  the amount of the required minimum deposit to secure other bonds in
  38-16  force.  When the licensee ceases to engage in the business of
  38-17  executing bail bonds and ceases to maintain his license, he may
  38-18  withdraw his security deposit or trust upon presentment of a
  38-19  release by the board, if there are not judgments or bond
  38-20  liabilities, either actual or potential, outstanding against the
  38-21  license.  Any portion of the deposit or trust not used to pay
  38-22  judgments or to secure unexpired obligations on existing bonds in
  38-23  force shall be returned to the licensee or his heirs or assigns
  38-24  upon presentment of a release by the board>.
  38-25        (i)  Each license, when issued, shall show on its face a
   39-1  license number, date of issuance, date of expiration, and to whom
   39-2  it is issued.  It shall state that the licensee is authorized to
   39-3  execute bonds as surety pursuant to this Act.
   39-4        (j)  Any individual who has applied and been found eligible
   39-5  for a bondsman's license or partner pursuant to this Act may
   39-6  transfer his or her interest in such license by will which
   39-7  specifies the recipient of the interest by name.  Upon receipt of a
   39-8  certified copy of a will which provides for such transfer, the
   39-9  Custodian shall have two (2) hours to verify the certification of
  39-10  such copy and issue a temporary license in the name of the
  39-11  decedent's named devisee.  If the Board is acting as Custodian, the
  39-12  Chairman of the Board shall perform such duties.  The devisee
  39-13  shall, within sixty (60) days of the date the temporary license is
  39-14  issued, submit an application to the Board which complies with the
  39-15  requirements of this Act for an original application of the type of
  39-16  interest transferred and shows the devisee to be eligible to claim
  39-17  the interest transferred by will.  Any temporary license granted
  39-18  under this subsection shall continue for a period of sixty (60)
  39-19  days from the date of its issuance or, if the devisee timely
  39-20  submits an application, until a final determination is made
  39-21  concerning the devisee's eligibility under this Act, whichever
  39-22  period is longer.
  39-23        (k)  Any person who has applied and been found eligible for a
  39-24  bondsman's license pursuant to this Act may transfer such license
  39-25  by filing with the Board an application to transfer license.  The
   40-1  application to transfer shall include those items and information
   40-2  required for issuance of a new license under this Act, together
   40-3  with a copy of the agreement under which the license is to be
   40-4  transferred.  If the transferee is licensed as a bondsman in the
   40-5  county at the time the application is filed, the Board shall notify
   40-6  the Custodian to transfer the assets and liabilities of the
   40-7  transferor's bail security fund account to that of the transferee
   40-8  on the date the application is filed and the application shall be
   40-9  deemed to be approved as of that date.  If the transferee is not
  40-10  licensed as a bondsman in the county at the time the application is
  40-11  filed, the application to transfer license shall be treated as an
  40-12  application for a new license under the provisions of this Act and
  40-13  the transfer of the assets and liabilities shall occur on the date
  40-14  the new application is approved.  Any agreement to transfer a
  40-15  license under this subsection shall be made in writing, shall
  40-16  include transfer of all assets and liabilities of the transferor's
  40-17  bonding business, including outstanding bonds, declarations of
  40-18  forfeiture and final judgments, and shall in no event relieve the
  40-19  transferor of liability on bonds executed prior to effective date
  40-20  of the transfer.
  40-21        Sec. 7.  <CORPORATION AS SURETY> BAIL SECURITY FUND.  (a)
  40-22  The Board shall be the Custodian of all financial resources
  40-23  required to be deposited by bondsmen under this Act, unless the
  40-24  Commissioners Court of the County designates another County
  40-25  official, board or entity to assume such custodial functions.  The
   41-1  Custodian, if other than the Board, shall give the Board written
   41-2  notice of all actions, disbursements and receipts affecting a
   41-3  bondsman's bail security fund account.  Upon request by a bondsman,
   41-4  the Custodian shall give a statement of any bail security fund
   41-5  account held by him and may assess a reasonable fee to the bondsman
   41-6  for this service.  <Wherever in this Act any person is required or
   41-7  authorized to give or execute any bail bond, such bail bond may be
   41-8  given or executed by such principal and any corporation authorized
   41-9  by law to act as surety.  When any such corporation authorized by
  41-10  law to act as a surety undertakes to be a surety on a bail bond,
  41-11  such corporation, before being acceptable as a surety on a bail
  41-12  bond, shall be required to meet the applicable requirements
  41-13  prescribed by Section 6 of this Act before being acceptable as a
  41-14  personal surety on a bail bond; Subsection (g) of Section 6 does
  41-15  not apply to a corporate surety.>
  41-16        (b)  Upon receipt of an order of license approval or
  41-17  tentative license approval, the Custodian shall establish and
  41-18  maintain a bail security fund account for the bondsman.  Cash, cash
  41-19  equivalents, cashier's checks and certificates of deposit issued by
  41-20  any financial institution whose deposits are insured by any agency
  41-21  or department of the United States Government shall be credited to
  41-22  this account at face value.  Notes secured by real property shall
  41-23  be valued at ninety percent (90%) of the face amount of the notes.
  41-24  All items shall be made payable to the Custodian.  <The certificate
  41-25  of authority to do business in this state issued to a corporation
   42-1  by the State Board of Insurance pursuant to Article 8.20, Insurance
   42-2  Code, as amended, shall be conclusive evidence as to the
   42-3  sufficiency of the security, the corporation's solvency, or its
   42-4  credits.>
   42-5        (c)  In counties with populations of less than 200,000
   42-6  persons by the most recent federal census, each individual,
   42-7  partnership or limited partnership licensed as a bondsman is
   42-8  required to maintain financial resources in his bail security fund
   42-9  account which equal a minimum of fifty percent (50%) of his
  42-10  outstanding liability on declarations of forfeiture, or $10,000,
  42-11  whichever is greater <Any corporation which acts as a surety shall,
  42-12  before executing any bail bond, first file in the office of the
  42-13  county clerk of the county where such bail bond is given a power of
  42-14  attorney designating and authorizing the named agent of such
  42-15  corporation to execute said bail bonds by such agent.  This power
  42-16  of attorney shall be a valid and binding obligation of the
  42-17  corporation.  A separate license is required for each agent
  42-18  operating under a corporate power of attorney>.
  42-19        (d)  In counties with populations of 200,000 persons or more
  42-20  by the most recent federal census, each individual, partnership or
  42-21  limited partnership licensed as a bondsman is required to maintain
  42-22  financial resources in his bail security fund account which equal a
  42-23  minimum of fifty percent (50%) of his liability on declarations of
  42-24  forfeiture, or $50,000, whichever is greater <Notwithstanding any
  42-25  statutory requirements to the contrary, any agent so designated and
   43-1  licensed or approved hereunder for the purpose of writing bail
   43-2  bonds shall not be required to be licensed as a local recording
   43-3  agent as defined in Article 21.14, Texas Insurance Code, as amended
   43-4  for the purpose of this Act>.
   43-5        (e)  In addition, a bondsman shall maintain financial
   43-6  resources in his bail security fund account which equal a minimum
   43-7  of ten percent (10%) of the face amount of all outstanding bonds
   43-8  executed by him or, re-stated, a ratio of one (1) dollar of
   43-9  financial resources to ten (10) dollars of bonds executed.  The
  43-10  bondsman shall maintain financial resources in his bail security
  43-11  fund account in the greater of the minimum amount required by this
  43-12  subsection or the minimum amount required by either subsection (c)
  43-13  or (d) of this Section.  <It shall be the duty of the board to
  43-14  notify promptly the State Board of Insurance of default by a
  43-15  corporation on any financial obligation which it undertakes in the
  43-16  county.>
  43-17        (f)  In counties with populations of less than 200,000
  43-18  persons by the most recent federal census, each corporation
  43-19  licensed as a bondsman is required to maintain in each of the bail
  43-20  security fund accounts of its agents financial resources which
  43-21  equal $10,000.  Subsections (c), (d) and (e) of this Section do not
  43-22  apply to corporate licensees nor to their agents.
  43-23        (g)  In counties with populations of 200,000 persons or more
  43-24  by the most recent federal census, each corporation licensed as a
  43-25  bondsman is required to maintain in each of the bail security fund
   44-1  accounts of its agents financial resources which equal $50,000.
   44-2  Subsections (c), (d) and (e) of this Section do not apply to
   44-3  corporate licensees nor to their agents.
   44-4        (h)  A bondsman, upon making a deposit into his bail security
   44-5  account, shall be entitled to a receipt from the Custodian showing
   44-6  the item and amount credited to the account.
   44-7        (i)  A bondsman may deposit financial resources to his bail
   44-8  security fund account at any time during the regular business hours
   44-9  of the Custodian.  The Custodian shall immediately credit the
  44-10  bondsman's account with any cash deposit and shall be allowed two
  44-11  (2) hours to verify any cash equivalent, cashier's check or
  44-12  certificate of deposit which is issued by a bank within the County
  44-13  and deposited with him.  The Custodian shall be allowed thirty (30)
  44-14  days to verify the documentation of all other cash equivalents,
  44-15  cashier's checks, certificates of deposit and real property
  44-16  deposited with him, if the Board has not previously performed such
  44-17  verification.  If the Custodian rejects a deposit of financial
  44-18  resources, he shall give the bondsman a written summary of the
  44-19  facts and Sections of this Act relied upon by him in rejecting the
  44-20  deposit.
  44-21        (j)  Financial resources held in the bail security fund shall
  44-22  be used to pay any unpaid final judgments of bond forfeiture
  44-23  against bondsmen and to secure the county against potential final
  44-24  judgments on outstanding bonds executed by bondsmen and shall not
  44-25  be released or withdrawn except as provided in this Act.
   45-1        (k)  The Custodian may charge the bondsman $25. for each
   45-2  withdrawal of excess financial resources from his bail security
   45-3  fund account after the first four (4) such withdrawals in any one
   45-4  (1) year period.  Excess financial resources are those which exceed
   45-5  the minimum amounts required by this Act.  Such withdrawals from a
   45-6  bondsman's bail security fund account shall be paid to the bondsman
   45-7  or to his assigns, if his rights to the specific item withdrawn
   45-8  have been assigned and the Custodian has received notice of the
   45-9  assignment.
  45-10        (l)  A bondsman may not withdraw financial resources from his
  45-11  bail security fund account if his license has expired or has been
  45-12  revoked, unless after such withdrawal the balance in the account
  45-13  will at least equal the full face amount of all outstanding bonds
  45-14  executed by the bondsman.
  45-15        (m)  Upon receipt of a written notice from a court stating
  45-16  that a final judgment on a bond forfeiture has been issued and is
  45-17  unpaid for more than thirty (30) days, the Custodian shall send a
  45-18  copy of the notice to the bondsman and notify him that, unless
  45-19  proof of payment or of appeal of the final judgment is provided
  45-20  within fifteen (15) days after receipt of the Custodian's notice,
  45-21  the amount of the final judgment will be withdrawn from his bail
  45-22  security fund account.  Such proof may be made by tender of a copy
  45-23  of the receipt indicating payment or a copy of a properly filed
  45-24  appeal bond; if not timely presented, the Custodian shall withdraw
  45-25  or liquidate financial resources sufficient to pay the final
   46-1  judgment.  The Custodian shall be entitled to a reasonable fee for
   46-2  any notice given and for any payment made pursuant to this Section.
   46-3  Notwithstanding any other statute or rule, no fee of any nature,
   46-4  other than the Custodian's fees as provided in this Act, shall be
   46-5  assessed against a bondsman if the final judgement is paid out of
   46-6  the bail security fund.
   46-7        (n)  If the Custodian is presented with a notice of unpaid
   46-8  final judgment from a court and there are insufficient financial
   46-9  resources to pay such final judgement, the Custodian shall give
  46-10  notice of this fact to the court, to the bondsman, and to the
  46-11  Board, if the Board is not acting as Custodian.  The court shall
  46-12  then issue an execution on the final judgment in accordance with
  46-13  other applicable law.
  46-14        (o)  Financial resources shall be applied to payment of final
  46-15  judgments of bond forfeiture in the following order:  cash, cash
  46-16  equivalents, certificates of deposit, notes secured by real
  46-17  property.  When liquidating notes secured by real property, the
  46-18  Custodian shall give notice and conduct the sale under the
  46-19  provisions of the deeds of trust which secure the property.  The
  46-20  property shall in no event be sold for less than ninety percent
  46-21  (90%) of the current tax value placed on the property by the county
  46-22  in which the property is located.  The Custodian shall bid at such
  46-23  sale in the name of the Board, if no other bid is received which
  46-24  meets the minimum amount required.  The Custodian shall have no
  46-25  liability to the bondsman for any action he takes pursuant to this
   47-1  subsection, provided the terms of the deeds of trust are complied
   47-2  with in such sale.  If the Custodian acquires the property, he
   47-3  shall deed the property to the Board by trustee's deed, unless the
   47-4  Board is acting as the Custodian, and shall credit the bondsman's
   47-5  bail security fund account with a non-cash credit for the amount
   47-6  bid.  Any such non-cash credit shall be included in the bondsman's
   47-7  bail security fund account as other authorized collateral, but may
   47-8  not be withdrawn as excess collateral under subsection (k) of this
   47-9  Section, until the property is reduced to cash under Section 5(i)
  47-10  of this Act.
  47-11        (p)  The Custodian shall keep accurate records of the
  47-12  liquidation of any specific financial resource and the expenditure
  47-13  of the proceeds received from such liquidation.  An assignment of
  47-14  any specific financial resource of which the Custodian has notice
  47-15  shall act as an assignment of its proceeds upon liquidation for the
  47-16  purposes of this Act.  An assignment of financial resources by a
  47-17  bondsman shall not effect the rights of the Custodian in any manner
  47-18  except as to the proper payee upon withdrawal of such financial
  47-19  resources.
  47-20        (q)  The Custodian may withdraw the amount of any fee
  47-21  authorized by this Section from the bondsman's bail security fund
  47-22  account, if such fee is not paid by the bondsman after thirty (30)
  47-23  days notice from the Custodian.
  47-24        Sec. 8.  EXPIRATION AND RENEWAL OF LICENSE.  (a)  A license
  47-25  issued under this Act expires at midnight twenty-four (24) months
   48-1  after the date of its issuance unless renewed, <an application for
   48-2  renewal is filed with the board at least 30 days before expiration>
   48-3  sooner suspended or revoked.  <The application for renewal shall
   48-4  have the same form and content as an application for an original
   48-5  license under this Act.  The application for renewal shall be
   48-6  accompanied by a renewal fee of $500.  If the applicant's current
   48-7  license has not been suspended or revoked, if the renewal
   48-8  application complies with the requirements of this Act, and if the
   48-9  board knows no legal reason why the application should not be
  48-10  renewed, the license may then be renewed for a period of 24 months
  48-11  from the date of expiration and maybe renewed subsequently each 24
  48-12  months in like manner>.
  48-13        (b)  A bondsman may renew his license by filing, at least
  48-14  forty-five (45) days prior to its expiration, the following items:
  48-15              1.  A full, complete, sworn financial statement as of a
  48-16  date no more than thirty (30) days prior to the date of filing;
  48-17              2.  A certified statement that there have been no
  48-18  material changes, as defined in Section 4(c)(6) of this Act, in the
  48-19  financial condition of the bondsman since the date of the financial
  48-20  statement;
  48-21              3.  Documentation for any one who executes bonds under
  48-22  the bondsman's license that such person has complied with the
  48-23  continuing education requirements of this Act, or is exempt from
  48-24  such requirements;
  48-25              4.  The items required by Section 6(b)(4)(b) for any
   49-1  real property in the bondsman's bail security fund account.  If the
   49-2  value of such real property has appreciated since the bondsman's
   49-3  last application, an additional note which complies with the
   49-4  provisions of Section 6(b)(4)(d) for the increase in value and an
   49-5  amendment to the title policy required under Section 6(b)(4)(e)
   49-6  which reflects coverage for the increased value of the property
   49-7  shall also be provided;
   49-8              5.  Proof of hazard insurance which meets the
   49-9  requirements of Section 6(b)(4)(f), if applicable; and,
  49-10              6.  A renewal fee in the same amount as that required
  49-11  for an original license <All fees collected by the board shall be
  49-12  deposited in the general fund of the county for use in the
  49-13  administration and enforcement of this Act.  The board is
  49-14  authorized to receive disbursements from the general fund for
  49-15  reasonable expenses incurred in the enforcement of this Act, but
  49-16  service on the board is considered an additional duty of office,
  49-17  and the members of the board are not entitled to compensation for
  49-18  the service but only for reimbursement of any expenses actually
  49-19  incurred as a result of the service>.
  49-20        (c)  If the fee and documents required by this Section are
  49-21  timely filed with the Board, the license shall be renewed by
  49-22  operation of law for a period of twenty-four (24) months and the
  49-23  Board shall issue a renewal certificate bearing the same number as
  49-24  the original license.  Subsequent renewals for twenty-four (24)
  49-25  months may be accomplished in a like manner.  <Each license, when
   50-1  issued, shall show on its fact the date of expiration and license
   50-2  number, and it shall be the responsibility of the licensee to file
   50-3  for renewal under the terms of this Act, and each subsequent
   50-4  renewal license shall have the same number as assigned the original
   50-5  license.>
   50-6        (d)  If the fee and documents required by this Section are
   50-7  not timely filed with the Board, the license shall expire by
   50-8  operation of law at midnight twenty-four (24) months after the date
   50-9  of its issuance.  After such expiration, the licensee may not act
  50-10  as a bondsman without again complying with the requirements for
  50-11  issuance of an original license contained in this Act.
  50-12        Sec. 9.  PROCEDURE FOR ASSESSMENT OF PENALTIES <REFUSAL,
  50-13  SUSPENSION, AND REVOCATION OF LICENSES>.
  50-14        (a)  The Board shall enforce the provisions of this Act and
  50-15  may act on its own motion to determine if violations of this Act
  50-16  have occurred.  It shall, upon request by a court or upon receipt
  50-17  of a sworn complaint, investigate the actions and records which
  50-18  relate to such alleged violation.  <(a) No license may be issued to
  50-19  any person who has not complied with the requirements of this Act
  50-20  for applying for an original or renewal license.>
  50-21        (b)  After such investigation, the Board may dismiss the
  50-22  complaint or request and, in such cases, shall notify the court or
  50-23  the complainant of its decision and the reasons for such dismissal.
  50-24  If the Board finds that reasonable cause exists to believe that a
  50-25  violation of this Act has occurred, it shall conduct a hearing on
   51-1  the alleged violation. <The board may, on its own motion, and
   51-2  shall, on receipt of a sworn complaint providing reasonable cause
   51-3  to believe that a violation of this Act has occurred or on the
   51-4  request of a court, investigate the actions and records relating to
   51-5  such complaint against any bondsman it has licensed.  The board
   51-6  may, after notice and hearing, suspend or revoke a license for:>
   51-7              <(1)  violation of a provision of this Act or a rule
   51-8  prescribed by the board during the term of the license sought to be
   51-9  suspended or revoked or during any prior licensing period;>
  51-10              <(2)  fraudulently obtaining a license under the
  51-11  provisions of this Act, making a false statement or
  51-12  misrepresentation in an application for an original or renewal
  51-13  license or in any hearing before the board, or refusing to answer
  51-14  any questions submitted by the board in a hearing relevant to the
  51-15  license or the conduct or qualifications of the licensee or
  51-16  applicant;>
  51-17              <(3)  final conviction under the laws of this or any
  51-18  other state or of the United States of a misdemeanor involving
  51-19  moral turpitude or of a felony committed after the effective date
  51-20  of this Act;>
  51-21              <(4)  being adjudged bankrupt or becoming insolvent;>
  51-22              <(5)  being adjudged mentally incompetent;>
  51-23              <(6)  failing to pay within 30 days any final judgment
  51-24  rendered on any forfeited bond in any court of competent
  51-25  jurisdiction within the county of the licensee;>
   52-1              <(7)  paying of commissions or fees or dividing
   52-2  commissions or fees or offering to pay or divide commissions or
   52-3  fees with any person, company, firm, or corporation not licensed
   52-4  under this Act to execute bonds;>
   52-5              <(8)  soliciting bail bond business in any building
   52-6  where prisoners are processed or confined;>
   52-7              <(9)  recommending to any client the employment of a
   52-8  particular attorney or firm of attorneys in a criminal case;>
   52-9              <(10)  falsifying any records required to be maintained
  52-10  under this Act, failing to keep the records, or failing promptly to
  52-11  permit the inspection of the records at any time requested by the
  52-12  board or its representatives or agents;>
  52-13              <(11)  operating as a bondsman while the license is
  52-14  suspended or after it has expired and before it is renewed; and>
  52-15              <(12)  on more than one occasion failing to maintain
  52-16  the minimum amount of security required by this Act or
  52-17  misrepresenting to any official or employee of the official the
  52-18  limit supported by the amount of security to obtain the release of
  52-19  any person on bond>.
  52-20        (c)  The Board shall provide a written notice to the alleged
  52-21  violator fifteen (15) days prior to the hearing which specifies the
  52-22  factual nature of the charges and the Section or Sections of the
  52-23  Act which are alleged to have been violated.  No charges shall be
  52-24  brought against any person subject to this Act without such notice.
  52-25  Upon written request, the Board shall also provide to the alleged
   53-1  violator a list of persons who will testify on behalf of the Board
   53-2  at the hearing and a copy of all documents which will be presented
   53-3  at the hearing.
   53-4        (d)  The hearing shall afford to the alleged violator the
   53-5  opportunity to be heard, to present witnesses in his behalf, and to
   53-6  question witnesses against him.  All witnesses, including Board
   53-7  members, shall be placed under oath prior to presenting evidence.
   53-8        (e)  A record of the hearing shall be made.  It shall be made
   53-9  available to the alleged violator on his request, subject to the
  53-10  payment of reasonable transcription costs.
  53-11        (f)  A bondsman, or anyone subject to any provision of this
  53-12  Act, who in good faith disputes any determination which the Board
  53-13  is authorized to make under this Act or disputes the performance by
  53-14  the Board of its duties or obligations under this Act is entitled
  53-15  to a hearing on the matter pursuant to this Section upon the filing
  53-16  of a sworn complaint with the Board.
  53-17        (g)  Any notice required by this Act shall be sent postage
  53-18  pre-paid by certified, registered, or express mail, return receipt
  53-19  requested, and shall be deemed delivered on the date deposited with
  53-20  the United States Postal Service; however, notice and demand
  53-21  pursuant to Section 10 (k) of this Act shall be deemed delivered
  53-22  when received by the bondsman, his employee or agent.  Any notice
  53-23  required shall be sent to the address shown on the records of the
  53-24  Board.
  53-25        Sec. 9B.  PROHIBITED ACTS.  A person who is required by this
   54-1  Act to be licensed shall not:
   54-2              (1)  Make any material false statement or
   54-3  misrepresentation in any document filed with the Board or in any
   54-4  other written communication with the Board or its members, acting
   54-5  in their official capacity.
   54-6              (2)  Fail to pay within thirty (30) days any final
   54-7  judgment rendered on a bond or on expenses due the county for the
   54-8  return of a principal on a bond executed by the bondsman;
   54-9              (3)  Tender to the Custodian any document which
  54-10  contains false statements or misrepresentations.
  54-11              (4)  Pay any person not licensed or issued an
  54-12  identification card under this Act compensation of any nature for
  54-13  the referral of specific bond business or split with any such
  54-14  person any fee received for the execution of any specific bond;
  54-15              (5)  Advertise or solicit bonds in any building where
  54-16  prisoners are processed or confined, unless otherwise specifically
  54-17  authorized by law;
  54-18              (6)  Recommend to any client the employment of a
  54-19  particular attorney or firm of attorneys in a criminal case;
  54-20              (7)  Intentionally fail to keep those records required
  54-21  to be maintained by this Act;
  54-22              (8)  Falsify any record required to be maintained by
  54-23  this Act;
  54-24              (9)  Fail to permit the inspection, upon written
  54-25  request, of the records required to be maintained by this Act
   55-1  during normal business hours by a representative of the Board
   55-2  appointed in writing, as required by Section 4(b) of this Act;
   55-3              (10)  Operate as a bondsman in the county while his
   55-4  license is suspended or after it has expired or has been revoked;
   55-5              (11)  Executive any bond which exceeds the amount in
   55-6  his bail security fund account at the time the bond is executed.
   55-7              (12)  Employ in his business any person without
   55-8  compliance with this Act;
   55-9              (13)  Intentionally fail to file any report or notice
  55-10  required by this Act; or
  55-11              (14)  Violate any provision of Section 11 of this Act.
  55-12        Sec. 10.  ASSESSMENT OF PENALTIES <PROCEDURE FOR SUSPENSION
  55-13  OR REVOCATION OF LICENSE>. (a)  If, after the hearing, the Board
  55-14  finds that a violation of Section 9B or Section 11 of this Act has
  55-15  occurred, it shall access a civil penalty, suspend or revoke the
  55-16  license of the bondsman, or bar an individual from participation in
  55-17  any bonding business <The board may revoke or suspend a license in
  55-18  accordance with the procedure provided in this section for the
  55-19  violation of any provision of this Act.>
  55-20        (b)  For any one (1) violation of this Act by a bondsman or
  55-21  anyone subject to this Act, the Board shall access a civil penalty
  55-22  of up to $500 or suspend the bondsman's license for a period of up
  55-23  to seven (7) days <Notice of a hearing to suspend or revoke shall
  55-24  be given by certified mail addressed to the last known address of
  55-25  the licensee at least 10 days prior to a date set for the hearing.>
   56-1        (c)  The Board shall access a civil penalty of up to $1,000
   56-2  or suspend a bondsman's license for up to fifteen (15) days, if the
   56-3  bondsman or anyone subject to this Act is found guilty of two (2)
   56-4  violations of this Act in any one (1) year period <The notice shall
   56-5  specify the charges of violation of this Act made against the
   56-6  licensee, and no other charges shall be made at the hearing
   56-7  pursuant to the notice>.
   56-8        (d)  The Board shall access a civil penalty of up to $5,000
   56-9  and may suspend the bondsman's license for up to ninety (90) days,
  56-10  if the bondsman or anyone subject to this Act is found guilty on
  56-11  three (3) separate occasions in any twelve (12) month period of
  56-12  having violated this Act.  Each of the three violations must be
  56-13  distinct and must occur subsequent in time to the finding of guilt
  56-14  on the previous violation.  This section shall not apply to
  56-15  violations of Section 9B(2).  <The hearing shall afford to the
  56-16  licensee opportunity to be heard, to present witnesses in his
  56-17  behalf, and to question witnesses against him.>
  56-18        (e)  The Board shall promptly notify the State Board of
  56-19  Insurance of the failure of any corporation to timely pay any final
  56-20  judgment on a bond.  It shall be the duty of the State Board of
  56-21  Insurance to promptly take the necessary action to resolve any
  56-22  unpaid final judgment against any corporation licensed under this
  56-23  Act <A record of the hearing shall be made.  It shall be made
  56-24  available to the licensee on his request subject to his paying
  56-25  reasonable costs of transcription>.
   57-1        (f)  If, at any time, a bondsman's bail security fund account
   57-2  contains financial resources valued at less than the minimum
   57-3  amounts required by Section 7 of this Act, his license shall be
   57-4  suspended automatically by operation of law.  Upon increase of the
   57-5  bondsman's financial resources to an amount which is equal to or
   57-6  greater than the minimum amount required by this Act, such
   57-7  suspension shall be immediately lifted by operation of law <If the
   57-8  licensee fails to maintain the security deposit at the proper ratio
   57-9  required by this Act, under Subsection (g) of Section 6 of this
  57-10  Act, the board shall immediately suspend the license while the
  57-11  violation continues.  No prior notice or a hearing is necessary.
  57-12  Once the proper ratio is regained, the suspension shall be
  57-13  immediately lifted.  The board shall revoke the license with prior
  57-14  notice or hearing if the licensee fails to pay any final judgment
  57-15  connected with the licensee's bonding business within 30 days and
  57-16  there is not sufficient property held as security to satisfy the
  57-17  final judgment>.
  57-18        (h)  The Board shall revoke a bondsman's license, if the
  57-19  bondsman fails to pay any final judgment of bond forfeiture within
  57-20  thirty (30) days after the Board receives written notice from the
  57-21  Custodian that insufficient financial resources exist in his bail
  57-22  security fund account to pay such final judgment.  In counties
  57-23  where the Board acts as Custodian, such revocation may occur
  57-24  forty-five (45) days after the Board has given the bondsman written
  57-25  notice of the deficiency.
   58-1        (i)  A bondsman whose license has been revoked in a county
   58-2  may not apply in that county for an original or renewal license
   58-3  under this Act for a period of one (1) year from the date of such
   58-4  revocation.
   58-5        (j)  The Board shall impose a temporary bar against any
   58-6  participation in any aspect of any bonding business upon a person
   58-7  who is sentenced to a term of probation, adjudicated or
   58-8  unadjudicated, for any misdemeanor offense relating to the duties
   58-9  and responsibilities of a bondsman under this Act or for any felony
  58-10  offense or who is on parole for any such felony offense.  Such
  58-11  temporary bar shall be lifted upon successful completion of the
  58-12  term of probation or parole.
  58-13        (k)  The Board shall impose a permanent bar against any
  58-14  person found guilty, by clear and convincing evidence, of the
  58-15  misappropriation of bond fees or collateral taken in the course of
  58-16  a bonding business.  Misappropriation for the purposes of this
  58-17  subsection is the failure, for over thirty (30) days after receipt
  58-18  of written demand by the Board, to return any portion of the
  58-19  proceeds of collateral not actually required for reimbursement of
  58-20  legitimate costs incurred by the bondsman in the payment of a bond
  58-21  forfeiture, costs for the return of the principal to custody, costs
  58-22  of liquidation of the collateral to pay such bond forfeiture, or
  58-23  other costs authorized by this Act or by written agreement between
  58-24  the parties.  Misappropriation also includes the retention, for
  58-25  over thirty (30) days after receipt of written demand by the Board,
   59-1  of any fee or collateral collected for the execution of a bond if
   59-2  such bond was not actually executed.  The bondsman may contest the
   59-3  Board's demand by filing a sworn answer with the Board within
   59-4  thirty (30) days after receipt of said demand.  Such answer shall
   59-5  show good cause for non-compliance with the demand and shall
   59-6  entitle the bondsman to a hearing on the matter in accordance with
   59-7  Section 9 of this Act.  After such hearing, the Board may order
   59-8  compliance with the demand within thirty (30) days and may access a
   59-9  civil penalty which does not exceed one hundred percent (100%) of
  59-10  the amount of the demand, if it determines that the bondsman's
  59-11  answer was filed for the purposes of delay only and had no basis in
  59-12  law or fact.
  59-13        (l)  The Board is authorized to determine if violations of
  59-14  this Act have occurred and to impose the penalties specified in
  59-15  this Section regardless of the licensed or unlicensed status of the
  59-16  person charged, if the notice required by subsection (c) of Section
  59-17  9 is postmarked within two (2) years of the date on which the
  59-18  alleged violation occurred.
  59-19        Sec. 11.  ACTS SUBJECT TO CRIMINAL PENALTY <COURT REVIEW>.
  59-20  (a)  No person required to be licensed under this Act may execute a
  59-21  bail bond without a license.
  59-22        (b)  No person in the bonding business shall, either directly
  59-23  or indirectly, give, donate, lend, contribute, or promise to give,
  59-24  donate, lend, or contribute to any person who is incarcerated, to
  59-25  any judicial officer, attorney, police officer, sheriff, deputy,
   60-1  constable, jailer, or to any employee of a law enforcement agency
   60-2  any money or property for the referral of bail bond business.
   60-3        (c)  No attorney, police officer, constable, deputy, jailer,
   60-4  employee of a law enforcement agency, judge, employee of a court,
   60-5  public official, employee of a related agency, or any person not
   60-6  shown in the records of the Board to be an agent or employee of the
   60-7  bondsman may accept or receive from a bondsman any money, property,
   60-8  or other thing of value as payment for the referral of specific
   60-9  bail bond business.
  60-10        (d)  No police officer, sheriff, or deputy, constable,
  60-11  jailer, employee of a law enforcement agency, judge, employee of a
  60-12  court, or public official, employee of a related agency may
  60-13  recommend to any person the name of any particular bondsman.  In
  60-14  all places where prisoners are examined, processed, or confined, a
  60-15  list of the licensed bondsmen of that county shall be displayed.
  60-16        (e)  No bondsman or agent of a bondsman may solicit or
  60-17  advertise business in a police station, jail, prison, detention
  60-18  facility, or other place where persons in the custody of law
  60-19  enforcement officials are detained, unless otherwise specifically
  60-20  authorized by law.
  60-21        (f)  No person may advertise as a bondsman who does not hold
  60-22  a valid license under this Act.  An attorney may advertise that as
  60-23  an attorney he can obtain the release of a client from jail, but
  60-24  may not advertise as being in the bonding business nor as a
  60-25  bondsman unless duly licensed under this Act.
   61-1        (g)  No bondsman, agent or employee of a bondsman may receive
   61-2  security, money or other consideration for execution of a bond or
   61-3  undertaking a surety obligation without issuing a receipt.  The
   61-4  receipt shall state the name of the person paying the consideration
   61-5  or depositing the security, the amount received or the estimated
   61-6  value of the property received, a brief description of the
   61-7  consideration or security, the purpose for which it is received and
   61-8  the name of the person receiving it.  The bondsman or agent shall
   61-9  retain a duplicate copy of the receipt which shall be available for
  61-10  inspection upon written request by any person appointed in writing
  61-11  by the Board of the county in which the bondsman is licensed.
  61-12        (h)  No person shall falsify any record required to be kept
  61-13  under this Act.
  61-14        (i)  No person shall knowingly hide, conceal, fail to
  61-15  disclose or otherwise obscure the true structure, ownership, or
  61-16  financial interests represented in any bonding business.
  61-17        (j)  A person who violates subsection (a), (b), (c), (d),
  61-18  (e), (f), or (g) of this Section shall be guilty of a Class A
  61-19  misdemeanor.
  61-20        (k)  A person who violates subsection (h) or (i) of this
  61-21  Section be guilty of a third degree felony.
  61-22        Sec. 12.  APPROVAL OF BOND <SURRENDER OF PRINCIPAL>.  (a)  In
  61-23  any case where the posting of bond is required as a condition of
  61-24  release, the sheriff shall accept or approve a bond posted by a
  61-25  licensed bondsman, if such posting is not otherwise prohibited by
   62-1  this Act <No person who executes a bail bond as a surety for a
   62-2  principal may surrender the principal without the written
   62-3  permission of the judge having jurisdiction of the case after the
   62-4  person who executed the bail bond has executed an affidavit to be
   62-5  filed with the clerk of the court stating:>
   62-6              <(1)  the date the bond was made;>
   62-7              <(2)  the fee paid for the bond; and>
   62-8              <(3)  the reason for the surrender.>
   62-9        <(b)  If the reason for surrender is deemed without
  62-10  reasonable cause by the principal, any agent of the board, or any
  62-11  attorney representing the state or any accused in the proceeding,
  62-12  that person may bring the matter to the attention of the court.>
  62-13        <(c)  If the court determines that the person who surrendered
  62-14  the principal did so without reasonable cause, the court in its
  62-15  discretion may require that all or a part of the fees paid as a
  62-16  condition for making the bail bond shall be returned to the
  62-17  principal.  In making the determination the court shall determine
  62-18  what fees, whether denominated fees for the making of the bond or
  62-19  not, were in fact paid for the purpose of inducing the surety to
  62-20  make the bond.>
  62-21        <(d)  Notwithstanding any statute required to the contrary or
  62-22  any provision in the bond, the court may not require or commit the
  62-23  surety to remain during any appeal of a case without previous
  62-24  approval of the surety.  When a case is appealed without approval
  62-25  of the surety, the bail shall be discharged.  Nothing shall deny
   63-1  the principal any right to an appeal bond as provided in the Code
   63-2  of Criminal Procedure, 1965, as amended.>
   63-3        Sec. 13.  COURT REVIEW <REMITTITUR OF FORFEITED BONDS>.  An
   63-4  appeal may be taken from any final action or order rendered by the
   63-5  Board or Custodian pursuant to this Act.  Such appeal shall be
   63-6  filed with the district court of the county where the Board or
   63-7  Custodian is located within thirty (30) days after the entry of the
   63-8  order and shall be by trial de novo, as in proceedings appealed
   63-9  from justice to county courts.  If no appeal is timely taken, the
  63-10  action or order shall become final.  All appeals taken from actions
  63-11  or orders of the Board shall be against the Board and not against
  63-12  its members individually and against the Custodian in his official
  63-13  capacity, not individually.  The decision of the Board shall have
  63-14  full force and effect pending determination of the appeal, unless
  63-15  cash or a certificate of deposit payable to the clerk of the court
  63-16  and equal to the dollar amount of any civil penalty is deposited as
  63-17  an appeal bond.  If no civil penalty in a specific dollar amount is
  63-18  to be appealed, the appeal bond shall be in the amount of $1,000.
  63-19  <(a)  Prior to final judgment on any forfeiture of an appearance
  63-20  bond in a criminal case the attorney for the state may recommend to
  63-21  the court settlement for an amount less than that stated in the
  63-22  bond, or the court may upon its own motion approve such
  63-23  settlement.>
  63-24        (b)  A copy of any order of the Board or the Custodian shall
  63-25  be served upon the affected party in the manner that other notices
   64-1  are required to be served by this Act <After a forfeiture, if the
   64-2  defendant is incarcerated within two years of a judgment nisi, the
   64-3  bondsman shall be entitled to a remittitur of at least 95 percent
   64-4  if he presents a sworn affidavit stating that the defendant was
   64-5  returned to custody, in part, as a result of money spent or
   64-6  information furnished by the bondsman>.
   64-7        <The remittitur shall be credited against an unpaid judgment
   64-8  of forfeiture or if the judgment has been paid, the treasurer shall
   64-9  refund at least 95 percent.>
  64-10        (c)  If the court finds that the final action or order of the
  64-11  Board or Custodian, or the appeal of such order or action, was not
  64-12  based in law or fact, it shall access attorney fees and costs
  64-13  against the offending party and enter an award in favor of the
  64-14  prevailing party, without regard to any sovereign immunity which
  64-15  may be asserted.  <The surety on appearance bonds in criminal cases
  64-16  shall be absolved of liability upon disposition of the case, and
  64-17  disposition as used herein shall mean a dismissal, acquittal, or
  64-18  finding of guilty on the charges made the basis of the bond>.
  64-19        Sec. 14.  STANDING IN ACTION CONCERNING BAIL <APPROVAL OF
  64-20  BOND>.  (a)  In any action concerning bail bonds or this Act
  64-21  pending before any Board or court in this state, any person
  64-22  licensed under this Act has standing to intervene in such action at
  64-23  his own expense for the purpose of being heard <In any county or
  64-24  district case in which the posting of bond is required as a
  64-25  condition of release, the sheriff shall accept or approve a bond
   65-1  posted by a licensed bondsman only in accordance with this Act and
   65-2  the rules prescribed by the board, but a sheriff may not refuse to
   65-3  accept a bail bond from a licensed bondsman who meets the
   65-4  requirements of Subdivision (4) or (5) of Subsection (a) of Section
   65-5  6 of this Act>.
   65-6        (b)  Any person licensed under this Act may bring an action
   65-7  to enforce any provision of this Act in the district court of the
   65-8  county in which the alleged violation occurred or the county in
   65-9  which the defendant is licensed.  The Board of the county in which
  65-10  the suit is filed shall be served with a copy of any such suit by
  65-11  registered, certified or express mail, return receipt requested and
  65-12  may intervene in the action, in its discretion.  The provisions of
  65-13  Section 13 (c) shall apply to any suit brought pursuant to this
  65-14  section.
  65-15        Sec. 14A.  DISCHARGE OF BOND <EFFECT OF DEFAULT BY
  65-16  CORPORATION>.  (a)  Notwithstanding any law to the contrary, a
  65-17  surety on a bond shall be discharged of obligation on the bond by
  65-18  operation of law if, before forfeiture, the case for which the bond
  65-19  was given was disposed of by a plea of guilty, a finding of guilty
  65-20  or not guilty, or the principal was placed upon probation or
  65-21  deferred probation.  If the principal enters a plea of guilty or is
  65-22  found guilty, he must be immediately placed into custody and may be
  65-23  released only upon the posting of a new bond, unless the surety on
  65-24  the original bond agrees in writing to remain bound on the original
  65-25  bond. <a corporation that is in default on five or more bail bonds
   66-1  in a county may not act as a bail bondsman in that county>.
   66-2        <(b)  The clerk of the court in which the corporation is in
   66-3  default on a bail bond shall deliver a written notice of the
   66-4  default to the sheriff, chief of police, or other appropriate peace
   66-5  officer in the county in which the bond is forfeited.>
   66-6        <(c)  A corporation is considered in default on a bail bond
   66-7  from the time the trial court enters its final judgment on the
   66-8  scire facias until the judgment is satisfied or set aside.>
   66-9        <(d)  For the purposes of this section, a corporation is not
  66-10  considered in default on a bond if it deposits with the appropriate
  66-11  court cash in the full amount of the judgment, pending appeal.  The
  66-12  deposit shall be applied to the payment of any final judgment in
  66-13  the case.>
  66-14        <Sec. 15.  ACTS SUBJECTS TO PENALTY.  (a)  No person required
  66-15  to be licensed under this Act may execute a bail bond without a
  66-16  license.>
  66-17        <(b)  No bondsman or agent of a bondsman may, by any means,
  66-18  recommend or suggest to any person whose bail bond has been posted
  66-19  the name of any particular attorney or firm of attorneys for
  66-20  employment in connection with a criminal offense.>
  66-21        <(c)  No person in the bonding business shall, either
  66-22  directly or indirectly, give, donate, lend, contribute, or promise
  66-23  to give, donate, lend, or contribute any money or property to any
  66-24  attorney, police officer, sheriff, or deputy, constable, jailer, or
  66-25  employee of a law enforcement agency for the referral of bail bond
   67-1  business.>
   67-2        <(d)  No attorney, police officer, constable, or deputy,
   67-3  jailer, or employee of a law enforcement agency, judge or employee
   67-4  of a court, or public official, or employee of a related agency, or
   67-5  any person not shown in the records of the board to be an agent or
   67-6  employee of the bondsman may accept or receive from a bondsman any
   67-7  money, property, or other thing of value as payment for the
   67-8  referral of bail bond business.>
   67-9        <(e)  No police officer, sheriff, or deputy, constable,
  67-10  jailer, or employee of a law enforcement agency, judge or employee
  67-11  of a court, or public official, or employee of a related agency may
  67-12  recommend to any person or persons, family or such person or
  67-13  persons, friends, relatives, or employer the name of any particular
  67-14  bondsman.  In all places where prisoners are examined, processed,
  67-15  or confined, a list of licensed bondsmen of that county may be
  67-16  displayed.>
  67-17        <(f)  No bondsman or agent of a bondsman may solicit business
  67-18  in a police station, jail, prison, detention facility, or other
  67-19  place where persons in the custody of law enforcement officials are
  67-20  detained.>
  67-21        <(g)  No person may advertise as a bondsman who does not hold
  67-22  a valid license under this Act.>
  67-23        <(h)  No bondsman or agent of a bondsman may receive money or
  67-24  other consideration or thing of value for issuance of a bond or
  67-25  undertaking of a surety obligation without issuing a receipt
   68-1  indicating the name of the person paying the money or transferring
   68-2  the property, the amount received or the estimated value of the
   68-3  property received and briefly identifying it, the suit, action, or
   68-4  matter for which it is received or is to be applied, and the name
   68-5  of the person receiving it.  The bondsman or agent shall retain a
   68-6  duplicate copy of the receipt which shall be available for
   68-7  inspection by representatives of the board of any county in which
   68-8  the bondsman is licensed or by the appointed representatives of a
   68-9  court in which the bondsman agrees to make bail or undertake other
  68-10  surety obligations.>
  68-11        <(i)  No person shall falsify any records required to be kept
  68-12  under this Act.>
  68-13        <(j)  A person who violates Subsection (a) or (g) of this
  68-14  section shall be guilty of a Class C misdemeanor.>
  68-15        <(k)  A person who violates Subsection (b), (e), (f), (h), or
  68-16  (i) of this section shall be guilty of a Class B misdemeanor.>
  68-17        <(l)  A person who violates Subsection (c) or (d) of this
  68-18  section shall be guilty of a Class A misdemeanor.>
  68-19        SECTION 2.  Section 1, Chapter 722, Acts of the 59th
  68-20  Legislature, Regular Session, 1965 (Article 17.01 Code of Criminal
  68-21  Procedure), is amended to read as follows:
  68-22        Art. 17.01.  Definition Of "Bail."  "Bail" is the security
  68-23  given by the accused that he will appear and answer before the
  68-24  proper court the accusation brought against him or make his
  68-25  personal appearance before any court or agency of this state in a
   69-1  criminal case as required by this Code, and includes as bail only a
   69-2  surety bond, a cash bond, or a personal bond, as provided in the
   69-3  Bail Reform Act of 1993.
   69-4        SECTION 3.  Section 1, Chapter 722, Acts of the 59th
   69-5  Legislature, Regular Session, 1965 (Article 17.06 Code of Criminal
   69-6  Procedure), is amended to read as follows:
   69-7        Art. 17.06.  <CORPORATION AS SURETY> MORE THAN ONE BAIL BOND
   69-8  MAY BE GIVEN TO PROVIDE BAIL.  Wherever in this Chapter, any person
   69-9  is required <or authorized> to give <or execute any> bail <bond>,
  69-10  such bail <bond> may be given <or executed> by such principal and
  69-11  any person or persons <corporation> authorized by law to act as
  69-12  surety by executing one or more bail bonds which in the aggregate
  69-13  total the amount of bail set <subject to all the provisions of this
  69-14  Chapter regulating and governing the giving of bail bonds by
  69-15  personal surety insofar as the same is applicable>.
  69-16        SECTION 4.  Section 1, Chapter 722, Acts of the 59th
  69-17  Legislature, Regular Session, 1965 (Article 17.07 Code of Criminal
  69-18  Procedure), is amended to read as follows:
  69-19        Art. 17.07.  <CORPORATION TO FILE WITH COUNTY CLERK POWER OF
  69-20  ATTORNEY DESIGNATING AGENT> COMPENSATED SURETIES.  Any person who
  69-21  for any compensation executes a bail bond as a surety must be
  69-22  authorized by the Bail Reform Act of 1993, <corporation authorized
  69-23  by the laws of this State to act as surety, shall before executing
  69-24  any bail bond as authorized in the preceding Article, first file in
  69-25  the office of the county clerk of the county where such bail bond
   70-1  is given, a power of attorney designating and authorizing the named
   70-2  agent, agents or attorney of such corporation to execute such bail
   70-3  bonds and thereafter the execution of such bail bonds by such
   70-4  agent, agents or attorney, shall be a valid and binding obligation
   70-5  of such corporation>.
   70-6        SECTION 5.  Section 1, Chapter 722, Acts of the 59th
   70-7  Legislature, Regular Session, 1965 (Article 17.10 Code of Criminal
   70-8  Procedure), is amended to read as follows:
   70-9        Art. 17.10.  Disqualified Sureties.  The following persons
  70-10  cannot be a surety on a bail bond:
  70-11              (a)  a minor, but an accused minor may sign as
  70-12  principal;
  70-13              (b)  any person who has signed on a bail bond as a
  70-14  non-compensated surety and who is in default thereon shall be
  70-15  disqualified to sign as a surety.  Default is the non-payment of
  70-16  the trial court's judgment when it becomes final and continues
  70-17  until the judgment is satisfied <A minor cannot be surety on a bail
  70-18  bond, but the accused party may sign as principal>.  For the
  70-19  purposes of this Code, a person licensed by the Supreme Court of
  70-20  this state as an attorney who executes a bail bond as allowed by
  70-21  the Bail Reform Act of 1993 acts as a non-compensated surety.
  70-22        SECTION 6.  Section 1, Chapter 722, Acts of the 59th
  70-23  Legislature, Regular Session, 1965 (Article 17.11 Code of Criminal
  70-24  Procedure), is amended to read as follows:
  70-25        Art. 17.11.  HOW BAIL BOND IS TAKEN.  Sec. 1.  Every court,
   71-1  judge, magistrate or other officer taking a bail bond shall require
   71-2  from every non-compensated surety evidence of the sufficiency of
   71-3  the security offered; but in every case, one surety shall be
   71-4  sufficient,  if it be made to appear that such surety is worth at
   71-5  least double the amount of the sum for which he is bound, exclusive
   71-6  of all property exempted by law from execution, and of debts or
   71-7  other encumbrances; and that he is a resident of this state, and
   71-8  has property <therein> in the county liable to execution worth the
   71-9  sum for which he is bound.
  71-10        <Sec. 2.  Provided, however, any person who has signed as a
  71-11  surety on a bail bond and is in default thereon shall thereafter be
  71-12  disqualified to sign as a surety so long as he is in default on
  71-13  said bond.  It shall be the duty of the clerk of the court wherein
  71-14  such surety is in default on a bail bond, to notify in writing the
  71-15  sheriff, chief of police, or other peace officer, of such default.
  71-16  A surety shall be deemed in default from the time the trial court
  71-17  enters its final judgment on the scire facias until such judgment
  71-18  is satisfied or set aside.>
  71-19        SECTION 7.  Section 1, Chapter 722, Acts of the 59th
  71-20  Legislature, Regular Session, 1965 (Article 17.13 Code of Criminal
  71-21  Procedure), is amended to read as follows:
  71-22        Art. 17.13.  Sufficiency Of Sureties Ascertained.  To test
  71-23  the sufficiency of the security offered by a non-compensated surety
  71-24  to any bail bond, unless the court or officer taking the same is
  71-25  fully satisfied as to its sufficiency, the following oath shall be
   72-1  made in writing and subscribed by the sureties:
   72-2        "I, do swear that I am worth, in my own right, at least the
   72-3  sum of (here insert the amount in which the surety is bound), after
   72-4  deducting from my property all that which is exempt by the
   72-5  Constitution and Laws of the State from forced sale, and after the
   72-6  payment of all my debts of every description, whether individual or
   72-7  security debts, and after satisfying all encumbrances upon my
   72-8  property which are known to me; that I reside in ......... County,
   72-9  and have property in this <State> County liable to execution worth
  72-10  said amount or more.
  72-11        (Dated ............, and attested by the judge of the court,
  72-12  clerk, magistrate or sheriff.)"
  72-13        Said affidavit shall be filed with the papers of the
  72-14  proceedings.
  72-15        SECTION 8.  Section 1, Chapter 722, Acts of the 59th
  72-16  Legislature, Regular Session, 1965, as amended by Section 2,
  72-17  Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
  72-18  (Article 22.01 Code of Criminal Procedure), is amended to read as
  72-19  follows:
  72-20        Art. 22.01.  Bail Forfeited, When.  When a defendant is bound
  72-21  by bail to appear and fails to appear before <in> any court in
  72-22  which such case may be pending or at any time when his personal
  72-23  appearance is required under this Code before<, or by> any court,
  72-24  <or> magistrate, agency, or public official, a forfeiture of his
  72-25  bail and a <judicial> declaration of such forfeiture shall be taken
   73-1  in the manner provided in Article 22.02 of this Code <and entered
   73-2  by such court>.
   73-3        SECTION 9.  Section 1, Chapter 722, Acts of the 59th
   73-4  Legislature, Regular Session, 1965 (Article 22.02 Code of Criminal
   73-5  Procedure), is amended to read as follows:
   73-6        Art. 22.02.  Manner Of Taking A Forfeiture.  Bail <Bonds and
   73-7  personal bonds are> is forfeited in the following manner:  (a)  The
   73-8  name of the defendant shall be called distinctly in <at> the
   73-9  courtroom on the date the appearance is required.  The court or
  73-10  clerk shall note upon the docket sheet the fact of non-appearance
  73-11  and that the call was made.  Within thirty (30) days after the date
  73-12  of non-appearance, the court shall enter a declaration of
  73-13  forfeiture and show cause order that requires the defendant and his
  73-14  sureties, if any, to show cause why the State of Texas should not
  73-15  recover of the defendant, and of his sureties, if any, the amount
  73-16  of the bond.  The show cause order shall state that a final
  73-17  judgment will be entered, unless good cause be shown why the
  73-18  defendant did not appear, why the forfeiture should be exonerated,
  73-19  or why the bond should be remitted by sworn answer filed with the
  73-20  court within twenty-four (24) months from the date the declaration
  73-21  of forfeiture was entered <courthouse door, and if the defendant
  73-22  does not appear within a reasonable time after such call is made,
  73-23  judgment shall be entered that the State of Texas recover of the
  73-24  defendant the amount of money in which he is bound, and of his
  73-25  sureties, if any, the amount of money in which they are
   74-1  respectively bound, which judgment shall state that the same will
   74-2  be made final, unless good cause be shown why the defendant did not
   74-3  appear>.  Unless the defendant makes his appearance within
   74-4  twenty-one (21) days after the date of non-appearance, the court
   74-5  shall not set aside a declaration of forfeiture unless otherwise
   74-6  specifically authorized by this chapter.  If a court finds a bond
   74-7  insufficient under Article 17.09 of this code, it shall not release
   74-8  the principal or his sureties until the principal is placed into
   74-9  the custody of the sheriff where the case is pending.  If the bond
  74-10  is found insufficient after the non-appearance of a defendant, the
  74-11  declaration of forfeiture is not affected.
  74-12        (b)  If the defendant fails to appear before any agency or
  74-13  public official where his personal appearance is required under
  74-14  this Code, the agency or public official shall make an affidavit of
  74-15  this fact and file the affidavit with the court where the bond was
  74-16  filed.  The court shall then forfeit the bond in the same manner as
  74-17  a non-appearance in that court.  A docket entry by the judge or
  74-18  clerk of a court or an affidavit of non-appearance by an agency or
  74-19  public official under this Section shall be prima facie evidence of
  74-20  the non-appearance of the defendant.
  74-21        SECTION 10.  Section 1, Chapter 722, Acts of the 59th
  74-22  Legislature, Regular Session, 1965 (Article 22.03 Code of Criminal
  74-23  Procedure), is amended to read as follows:
  74-24        Art. 22.03.  Citation To Sureties.  Upon entry of a
  74-25  declaration of forfeiture <judgment>, a citation shall issue within
   75-1  30 days <forthwith> notifying the sureties of the defendant, if
   75-2  any, that the bond has been forfeited, and requiring them to appear
   75-3  and show cause why the declaration <judgment> of forfeiture should
   75-4  not be made final, why the forfeiture should be exonerated, or why
   75-5  the bond should be remitted by sworn answer filed with the court
   75-6  within twenty-four (24) months from the date of the declaration of
   75-7  forfeiture.
   75-8        SECTION 11.  Section 1, Chapter 722, Acts of the 59th
   75-9  Legislature, Regular Session, 1965 (Article 22.04 Code of Criminal
  75-10  Procedure), is amended to read as follows:
  75-11        Art. 22.04.  Requisites Of Citation.  A citation shall be
  75-12  sufficient if it <be in the form provided for citations in civil
  75-13  cases in such court;> notifies the party to appear and show cause
  75-14  why the declaration of forfeiture should not be made final, why the
  75-15  forfeiture should be exonerated, or why the bond should be remitted
  75-16  by the court within twenty-four (24) months from the date of the
  75-17  declaration of forfeiture, provided, however, that a copy of the
  75-18  declaration <judgment> of forfeiture entered by the court shall be
  75-19  attached to the citation <and the citation shall notify the parties
  75-20  cited to appear and show cause why the judgment of forfeiture
  75-21  should not be made final>.
  75-22        SECTION 12.  Section 1, Chapter 722, Acts of the 59th
  75-23  Legislature, Regular Session, 1965 (Article 22.05 Code of Criminal
  75-24  Procedure), is amended to read as follows:
  75-25        Art. 22.05.  CITATION AS PROVIDED IN THIS CHAPTER <IN CIVIL
   76-1  ACTIONS>.  Sureties shall be entitled to notice by service of
   76-2  citation, which shall be served by the clerk of the court upon the
   76-3  surety at the address on the bond for the surety by certified,
   76-4  registered or express mail, postage pre-paid, return receipt
   76-5  requested <the length of time and in the manner required in civil
   76-6  actions; and the officer executing the citation shall return the
   76-7  same as in civil actions>.  If the citation sent to the surety is
   76-8  returned by the post office for any reason or if there is no
   76-9  address on the bond for the surety, the clerk shall file a copy of
  76-10  the citation and declaration of forfeiture with the county clerk
  76-11  where the bond was filed.  In such cases, the county clerk is the
  76-12  agent for service of process for the surety and he shall keep
  76-13  records of all citations and declarations of forfeiture filed with
  76-14  him indexed by both the name of the surety and the name of the
  76-15  principal.  The return receipt received from the United States
  76-16  Postal Service or a certified copy of the citation and declaration
  76-17  of forfeiture as filed with the county clerk shall be prima facie
  76-18  evidence of service upon the surety as required by this chapter.
  76-19  It is the duty of any surety on a bond to check the records of the
  76-20  county clerk of each county where he has executed bonds.  It shall
  76-21  not be necessary to give notice to the defendant unless he has
  76-22  furnished his address on the bond, in which event notice to the
  76-23  defendant shall be deposited in the United States mail directed to
  76-24  the defendant at the address shown on the bond.
  76-25        SECTION 13.  Section 1, Chapter 722, Acts of the 59th
   77-1  Legislature, Regular Session, 1965 (Articles 22.06 and 22.07 Code
   77-2  of Criminal Procedure), is amended to read as follows:
   77-3        Art. 22.06  is hereby repealed.
   77-4        Art. 22.07 is hereby repealed.
   77-5        SECTION 14.  Section 1, Chapter 722, Acts of the 59th
   77-6  Legislature, Regular Session, 1965, as amended by Section 3,
   77-7  Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
   77-8  (Article 22.10 Code of Criminal Procedure), is amended to read as
   77-9  follows:
  77-10        Art. 22.10.  Scire Facias Docket.  When a forfeiture has been
  77-11  declared upon a bond, the court or clerk shall docket the case upon
  77-12  the scire facias <or upon the civil> docket, in the name of the
  77-13  State of Texas, as plaintiff, and the principal and his sureties,
  77-14  if any as defendants; and the proceedings had therein shall be
  77-15  governed by the same procedural rules governing <other> civil suits
  77-16  except as otherwise provided in this chapter.
  77-17        SECTION 15.  Section 1, Chapter 722, Acts of the 59th
  77-18  Legislature, Regular Session, 1965 (Article 22.11 Code of Criminal
  77-19  Procedure), is amended to read as follows:
  77-20        Art. 22.11.  Sureties May Answer.  After the declaration of
  77-21  forfeiture <of the bond>, if the sureties, if any, have been duly
  77-22  notified, the sureties, if any, may file a sworn answer in writing
  77-23  and show cause why the defendant did not appear, why the forfeiture
  77-24  should be exonerated, or why the bond should be remitted.  Such
  77-25  <which> sworn answer may be filed within twenty-four (24) months
   78-1  after the date of the entry of the declaration of forfeiture <the
   78-2  time limited for answering in other civil actions>.  If the surety
   78-3  has made a request for a confirmation from a law enforcement agency
   78-4  as provided by this chapter, the time periods for filing a sworn
   78-5  answer shall be extended as provided in Article 22.15a of this
   78-6  chapter.  A sworn answer with no basis in fact or law and for
   78-7  purpose of delay only may subject the bondsman to a penalty of up
   78-8  to twenty-five percent (25%) of the bond, pursuant to Article 22.14
   78-9  of this chapter.
  78-10        SECTION 16.  Section 4, Chapter 312, Acts of the 67th
  78-11  Legislature, Regular Session, 1981, as amended by Section 5.02(1),
  78-12  Acts of the 70th Legislature, Regular Session, 1987, (Article
  78-13  22.125 Code of Criminal Procedure), is amended to read as follows:
  78-14        Art. 22.125.  Powers of the Court.  After a judicial
  78-15  declaration of forfeiture is entered, if an answer has been timely
  78-16  filed, the court may proceed with the trial required by Article
  78-17  22.14 of this code.  If no timely answer is filed, proceedings
  78-18  shall be had in accordance with Article 22.15 of this chapter.  The
  78-19  court's jurisdiction in a proceeding to forfeit a bond in a
  78-20  criminal case is limited and the court <may> shall enter a final
  78-21  judgment, exonerate the defendant and his sureties, if any, from
  78-22  liability on the forfeiture, remit the amount of the forfeiture, or
  78-23  set aside the forfeiture only as expressly provided by this
  78-24  chapter.
  78-25        SECTION 17.  Section 1, Chapter 722, Acts of the 59th
   79-1  Legislature, Regular Session, 1965, (Article 22.14 Code of Criminal
   79-2  Procedure) is amended to read as follows:
   79-3        Art. 22.14.  Judgment Final.  <When, u>Upon trial of the
   79-4  issues presented under the declaration of forfeiture, <no
   79-5  sufficient cause is shown for the failure of the principal to
   79-6  appear,> a <the> final judgment shall be entered. <made final> 
   79-7  no sufficient cause is shown for the failure of the principal to
   79-8  appear, a final judgment shall be entered against him and his
   79-9  sureties, if any, for the amount of the bond <in which they are
  79-10  respectively bound; and the same shall be collected by execution as
  79-11  in civil actions>.  If it is shown that the bond should be
  79-12  exonerated, a final judgment shall be entered that the State take
  79-13  nothing <Separate executions shall issue against each party for the
  79-14  amount adjudged against him>.  If it is shown that the bond should
  79-15  be remitted, a final judgment shall be entered which awards the
  79-16  State the costs to the county for the return of the principal to
  79-17  custody <The costs shall be equally divided between the sureties,
  79-18  if there be more than one>.  The total amount of any final judgment
  79-19  entered pursuant to this Section shall not exceed the amount of the
  79-20  bond; however, any penalty accessed under Art. 22.11 of this
  79-21  Chapter shall be in addition to such amount.  Notwithstanding any
  79-22  statute or code to the contrary, no costs or fees shall be included
  79-23  in any final judgment of forfeiture of a bond except as provided in
  79-24  this chapter.  Nothing herein shall limit the court's authority to
  79-25  approve a settlement made pursuant to Art.  22.16 (c) of this
   80-1  Chapter.
   80-2        SECTION 18.  Section 1, Chapter 722, Acts of the 59th
   80-3  Legislature, Regular Session, 1965, (Article 22.15 Code of Criminal
   80-4  Procedure) is amended to read as follows:
   80-5        Art. 22.15.  Judgment By Default.  When any party has <the
   80-6  sureties have> been duly cited and fails or neglects to file a
   80-7  sworn answer<, and the principal also fails to answer> within the
   80-8  time <limited> allowed for answering in this chapter, <other civil
   80-9  actions>, a judgment for the amount of the bond shall be entered by
  80-10  the court against such party who <the court shall enter judgment
  80-11  final by defaulted> failed or neglected to file a timely answer.
  80-12  Unless all parties to the case fail to file a timely answer, a
  80-13  judgment entered pursuant to this Article shall be interlocutory
  80-14  until a final judgment is entered against the other parties.
  80-15        SECTION 19.  The Code of Criminal Procedure is amended by
  80-16  adding the following article:
  80-17        Art. 22.15a.  OTHER PROCEDURES.  In a criminal bond
  80-18  forfeiture case:
  80-19              (1)  a motion for new trial shall be filed within ten
  80-20  (10) days after a final judgment is entered, and shall be overruled
  80-21  by operation of law if a written order is not entered within ten
  80-22  (10) days after the date the motion is filed.
  80-23              (2)  any appeal of a final judgment entered under this
  80-24  chapter shall require a deposit with the clerk of the court of
  80-25  cash, a supersedeas bond signed by a licensed corporate surety, or
   81-1  a certificate of deposit, in an amount equal to the amount of the
   81-2  judgment.
   81-3              (3)  the forfeiture of a bond can only be enforced
   81-4  under this chapter.
   81-5              (4)  a declaration of forfeiture must be entered within
   81-6  thirty (30) days after the date of non-appearance, otherwise the
   81-7  bond is not enforceable.
   81-8              (5)  service must be made on a party within ninety (90)
   81-9  days after the date the declaration of forfeiture is entered,
  81-10  otherwise the bond is not enforceable.
  81-11              (6)  upon the filing of a sworn affidavit within the
  81-12  time given to answer in Article 22.11 of this Chapter that a
  81-13  request for confirmation of incarceration has been made under the
  81-14  provisions of Article 22.16 (b) of this Chapter, the time period
  81-15  allowed for answering a declaration of forfeiture shall be extended
  81-16  to ten (10) days after the notice of confirmation from the law
  81-17  enforcement agency is filed with the court.  This section shall not
  81-18  act to shorten the time given to answer which is specified in
  81-19  Article 22.11, regardless of when the notice of confirmation is
  81-20  filed.
  81-21        SECTION 20.  Section 1, Chapter 722, Acts of the 59th
  81-22  Legislature, Regular Session, 1965, as amended by Section 5,
  81-23  Chapter 312, Acts of the 67th Legislature, Regular Session, 1981,
  81-24  Section 3, Chapter 1047, Acts of the 70th Legislature, Regular
  81-25  Session, 1987 (Article 22.15 Code of Criminal Procedure) is amended
   82-1  to read as follows:
   82-2        Art. 22.16.  Remittitur After Forfeiture.  (a)  After
   82-3  forfeiture of a bond and before entry of a final judgment <the
   82-4  expiration of the time limits set by Subsection (c) of this
   82-5  article>, the court shall, on written motion or answer, remit to
   82-6  the surety the amount of the bond after deducting the costs of
   82-7  court as specified Subsection (e) of this Article, any reasonable
   82-8  costs to the county for the return of the principal, and the
   82-9  interest accrued on the bond amount as provided by Subsection
  82-10  (<e>d) of this article, if:
  82-11        (1)  the principal is incarcerated in the county in which the
  82-12  prosecution is pending;
  82-13        (2)  the principal is incarcerated in another jurisdiction
  82-14  and the incarceration is verified as provided by Subsection (b) of
  82-15  this article or shown by other proof;
  82-16        (3)  the principal is released on new bail in the case;
  82-17        (4)  is it shown that the principal is deceased or was
  82-18  deceased at the time of the forfeiture;
  82-19        (5)  the case for which the bond was given is dismissed;
  82-20        (6)  the proper authorities fail or refuse to extradite the
  82-21  principal on the bond to the county where the declaration of
  82-22  forfeiture is pending, after request by the surety for extradition
  82-23  and acknowledgement of the surety's liability for the costs of such
  82-24  extradition made in writing; or,
  82-25        (7)  the case for which the bond was given was disposed of by
   83-1  a plea of guilty, or a finding of guilty or not guilty, or the
   83-2  principal was placed upon probation or deferred probation.
   83-3        (b)  For the purposes of Subsection (a)(1) and (2) of this
   83-4  article, a surety may request confirmation of the incarceration of
   83-5  his principal by written request to the law enforcement agency of
   83-6  the county where the prosecution was or is pending.  A law
   83-7  enforcement agency in this state that receives a request for
   83-8  verification shall within thirty (30) days after it receives the
   83-9  request notify the court in which the prosecution is or was pending
  83-10  and the surety whether or not the principal is or has been
  83-11  incarcerated <in another jurisdiction> and the date of the
  83-12  incarceration.  A surety making a request for confirmation shall
  83-13  pay a fee of $10 for confirmations from jurisdictions within this
  83-14  state and $25 for confirmations from jurisdictions outside of this
  83-15  state.
  83-16        (c)  Notwithstanding any other provision of this Chapter, the
  83-17  prosecuting authority in any jurisdiction in which a declaration of
  83-18  forfeiture is pending may agree to and sign an Agreed Final
  83-19  Judgment of the bond forfeiture, regardless of whether the
  83-20  principal on the bond is incarcerated.  Any such Agreed Final
  83-21  Judgment may be made if the prosecuting authority, in his
  83-22  discretion, deems that the interests of the jurisdiction would be
  83-23  served thereby and shall include an affirmative statement that the
  83-24  surety waives any right to subsequently file a motion for new
  83-25  trial, an appeal, or a bill of review in the case.  No such Agreed
   84-1  Final Judgment shall be approved by the court more than sixty (60)
   84-2  days after the date of the entry of the declaration of forfeiture.
   84-3  The court in which the declaration of forfeiture is pending shall
   84-4  approve a settlement of the bond forfeiture which meets the
   84-5  conditions of this subsection.  <A final judgment may be entered
   84-6  against a bond not earlier than:>
   84-7        <(1)  nine months after the date the forfeiture was entered,
   84-8  if the offense for which the bond was given is a misdemeanor; or>
   84-9        <(2)  18 months after the date the forfeiture was entered, if
  84-10  the offense for which the bond was given is a felony.>
  84-11        (d)  Interest accrues on the bond amount from the date a
  84-12  declaration of forfeiture is entered until the date of the
  84-13  occurrence of an event specified in Subsection (a) of this Article
  84-14  at the rate provided for the accrual of prejudgment interest in
  84-15  civil cases <After the expiration of the time limits set by
  84-16  Subsection (c) of this article and before the entry of a final
  84-17  judgment against the bond, the court in its discretion may remit to
  84-18  the surety all or part of the amount of the bond after deducting
  84-19  the costs of court, any reasonable costs to the county for the
  84-20  return of the principal, and the interest accrued on the bond
  84-21  amount as provided by Subsection (e) of this article>.
  84-22        (e)  For the purposes of this article, costs of court in a
  84-23  misdemeanor bond forfeiture case are $25 and in a felony bond
  84-24  forfeiture case are $50 <interest accrues on the bond amount from
  84-25  the date of forfeiture in the same manner and at the rate as
   85-1  provided for the accrual of prejudgment interest in civil cases>.
   85-2        SECTION 21.  (a)  Any person initially applying for any
   85-3  license after the effective date of this Act shall be governed by
   85-4  this Act.
   85-5        (b)  Any license issued prior to the effective date of this
   85-6  Act shall be governed by the law in effect at the time the license
   85-7  was issued;  however, at the time of first renewal of such license
   85-8  or the expiration of one (1) year from the effective date of this
   85-9  Act, whichever is greater, this Act shall govern such licenses.
  85-10        (c)  Persons not subject to licensing as a bondsman prior to
  85-11  the effective date of this Act shall comply with this Act within
  85-12  one (1) year of its effective date.
  85-13        (d)  A bond, or the forfeiture of such a bond, given before
  85-14  September 1, 1993, shall be governed by the law in effect at the
  85-15  time the bond was executed.
  85-16        (e)  Bail set and bonds executed on or after September 1,
  85-17  1993 shall be governed by this Act.
  85-18        (f)  The former law is continued in effect for the purposes
  85-19  of subsections (b), (c) and (d) of this Section only.
  85-20        SECTION 22.  The Board shall make all transfers of security
  85-21  to the Custodian which are necessary to comply with this Act and
  85-22  may require its licensees to execute necessary documents to achieve
  85-23  such transfer and compliance.  The Board may not require new or
  85-24  additional security from its current licensees to effectuate such
  85-25  transfer, however.
   86-1        SECTION 23.  The importance of this legislation and the
   86-2  crowded condition of the calendars in both houses create an
   86-3  emergency and an imperative public necessity that the
   86-4  constitutional rule requiring bills to be read on three separate
   86-5  days in each house be suspended, and this rule is hereby suspended,
   86-6  and that this Act take effect and be in force from and after its
   86-7  passage, and it is so enacted.