By: Carona H.B. No. 1516
73R2258 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of bail bondsmen and the
1-3 operation of a county bail bond board; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Chapter 550, Acts of the 63rd
1-6 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 1. SHORT TITLE; DECLARATION OF POLICY. (a) This Act
1-9 may be cited as the Texas Bail Bond Act.
1-10 (b) The business of executing bail bonds is declared to be a
1-11 business affecting the public interest and the welfare of citizens
1-12 of this state. It is declared to be the policy of this state to
1-13 provide reasonable regulation to the end that the right of bail be
1-14 preserved and implemented by just and practical procedures
1-15 governing the giving or making of bail bond and other security to
1-16 guarantee appearance of the accused and to prevent fraud, unfair
1-17 practices, discrimination and abuses of citizens.
1-18 SECTION 2. Section 2, Chapter 550, Acts of the 63rd
1-19 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-20 Civil Statutes), is amended by amending Subdivision (1) and adding
1-21 Subdivisions (7), (8), and (9) to read as follows:
1-22 (1) "Person" means an individual, partnership, or
1-23 corporation.
1-24 (7) "Cash or cash equivalent" means United States
2-1 currency, a cashier's check, or a certificate of deposit drawn upon
2-2 a federally insured financial institution.
2-3 (8) "Partnership" means a joint venture, general
2-4 partnership, or limited partnership.
2-5 (9) "Agent" means a person who has contact with a
2-6 person on matters involving bail bonds while contracting with or
2-7 acting for a bondsman. The term includes an employee of a
2-8 bondsman.
2-9 SECTION 3. Section 3, Chapter 550, Acts of the 63rd
2-10 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
2-11 Civil Statutes), is amended to read as follows:
2-12 Sec. 3. GENERAL LICENSING REQUIREMENTS AND RESTRICTIONS
2-13 <LICENSING REQUIREMENT AND ELIGIBILITY>. (a) The provisions of
2-14 this Act apply only to the execution of bail bonds in counties
2-15 having a population of more than 110,000 according to the last
2-16 federal census or in counties of less than 110,000 where a board
2-17 has been created. The creation of the board is within the
2-18 discretion of a majority of the officers of the county who would be
2-19 members of, or who would designate members of, the board as
2-20 provided under Section 5 of this Act <Subsection (b) of this
2-21 section>.
2-22 (b) <(a)> In a county that has a board, no person may act as
2-23 a bondsman except:
2-24 (1) a person <persons> licensed under this Act; or<,
2-25 and>
2-26 (2) a person <persons> licensed to practice law in
2-27 this state who meets <meet> the requirements set forth in
3-1 <Subsection (e) of> Section 3D <3> of this Act.
3-2 <(b) No individual is eligible for a license under this Act
3-3 unless the individual:>
3-4 <(1) is a resident of this state and a citizen of the
3-5 United States;>
3-6 <(2) is at least 18 years of age;>
3-7 <(3) possesses sufficient financial resources to
3-8 provide indemnity against loss on such obligations as he may
3-9 undertake as required by Section 6 of this Article.>
3-10 <(c) No person shall be eligible for a license under this
3-11 Act, who after the effective date of this Act, commits an offense
3-12 for which he is finally convicted, such offense being a felony or
3-13 misdemeanor involving moral turpitude.>
3-14 <(d) No corporation is eligible to be licensed unless:>
3-15 <(1) it is chartered or admitted to do business in
3-16 this state; and>
3-17 <(2) it is qualified to write fidelity, guaranty and
3-18 surety bonds under the Texas Insurance Code, as amended.>
3-19 <(e) Persons licensed to practice law in this state may
3-20 execute bail bonds or act as sureties for persons they actually
3-21 represent in criminal cases without being licensed under this Act,
3-22 but they are prohibited from engaging in the practices made the
3-23 basis for revocation of license under this Act and if found by the
3-24 sheriff to have violated any term of this Act, may not qualify
3-25 thereafter under the exception provided in this subsection unless
3-26 and until they come into compliance with those practices made the
3-27 basis of revocation under this Act. Notwithstanding any other
4-1 provision of this subsection, no person licensed to practice law
4-2 shall be relieved of liability on a bail bond he has executed for
4-3 the sole reason that he has not been employed to represent the
4-4 principal on the merits of the case if he has been paid a fee for
4-5 the execution of the bail bond.>
4-6 SECTION 4. Chapter 550, Acts of the 63rd Legislature,
4-7 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
4-8 Statutes), is amended by adding Sections 3A, 3B, 3C, and 3D to read
4-9 as follows:
4-10 Sec. 3A. LICENSING REQUIREMENTS FOR INDIVIDUALS. (a) An
4-11 individual applying for a license under this Act may not be granted
4-12 a license unless the individual:
4-13 (1) is a resident of this state and a citizen of the
4-14 United States;
4-15 (2) is at least 21 years of age;
4-16 (3) possesses sufficient financial resources,
4-17 including collateral, indemnification agreements, and promissory
4-18 notes, to satisfy any potential obligation that may be incurred in
4-19 the bonding business;
4-20 (4) meets the requirements established under this Act
4-21 for a license; and
4-22 (5) meets the requirements adopted by the applicable
4-23 county bail bond board for a license.
4-24 (b) An asset exempt from forced sale may not be considered a
4-25 financial resource for purposes of Subsection (a)(3) of this
4-26 section.
4-27 Sec. 3B. CORPORATE LICENSING REQUIREMENTS AND ELIGIBILITY.
5-1 A corporation applying for a license under this Act may not be
5-2 granted a license unless it:
5-3 (1) is chartered or admitted to do business in this
5-4 state;
5-5 (2) is qualified to write fidelity, guaranty, and
5-6 surety bonds under the Texas Insurance Code and its subsequent
5-7 amendments;
5-8 (3) pledges to purchase reinsurance in an amount
5-9 determined by the board that is sufficient to ensure the continued
5-10 solvency of the corporation; and
5-11 (4) complies with the provisions of Section 6 of this
5-12 Act, other than Subsection (a)(10) of that section.
5-13 Sec. 3C. PARTNERSHIP LICENSING REQUIREMENTS AND ELIGIBILITY.
5-14 A partnership is eligible for a license if the partnership:
5-15 (1) is organized by a written partnership agreement;
5-16 (2) is formed in this state or in a state that has
5-17 enacted a statute substantially similar to Chapter 35, Civil
5-18 Practice and Remedies Code;
5-19 (3) possesses the financial resources required by
5-20 Section 6C of this Act;
5-21 (4) includes as partners only individuals who each
5-22 meet the requirements set forth in Section 3A of this Act;
5-23 (5) submits an application that meets the requirements
5-24 of this Act and the rules of the board for a partnership; and
5-25 (6) possesses a net worth of at least the amount equal
5-26 to $50,000 times the number of partners in the partnership.
5-27 Sec. 3D. RESTRICTIONS ON AND EXEMPTIONS FROM LICENSING
6-1 REQUIREMENTS. (a) Persons licensed to practice law in this state
6-2 may execute bail bonds or act as sureties for persons they actually
6-3 represent in criminal cases without being licensed under this Act,
6-4 but they are prohibited from engaging in the practices made the
6-5 basis for revocation of license under this Act and, if found by the
6-6 sheriff to have violated any term of this Act, may not qualify
6-7 thereafter under the exception provided in this subsection unless
6-8 and until they come into compliance with those practices made the
6-9 basis of revocation under this Act. Notwithstanding any other
6-10 provision of this subsection, no person licensed to practice law
6-11 shall be relieved of liability on a bail bond that has been
6-12 executed for the sole reason that the person has not been employed
6-13 to represent the principal on the merits of the case if the person
6-14 has been paid a fee for the execution of the bail bond.
6-15 (b) A person having unpaid bond forfeiture judgments or
6-16 other unpaid obligations arising from the bonding business may not
6-17 be issued a license or act as an agent for a bondsman.
6-18 SECTION 5. Section 4(a), Chapter 550, Acts of the 63rd
6-19 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
6-20 Civil Statutes), is amended to read as follows:
6-21 (a) A bondsman licensed under this Act shall maintain a
6-22 record of each bond on which the bondsman appears as surety and
6-23 shall maintain a separate set of records for each county in which
6-24 the bondsman is licensed. The records shall include the following
6-25 information for each bond executed and enforced:
6-26 (1) the style and number of the cause in which the
6-27 bond is given and the court in which it is executed;
7-1 (2) the name of the defendant released on bond;
7-2 (3) the amount of the bail set in the case; <and>
7-3 (4) the amount and type of security held by the
7-4 bondsman, together with a statement as to whether the security was
7-5 taken for payment of a bail bond fee or for assurance of the
7-6 principal's appearance in court and the conditions under which the
7-7 security will be returned; provided that no<. No> security shall
7-8 be held for both the payment of a bail bond fee and assurance of
7-9 the principal's appearance in court that is in excess of the
7-10 particular risk involved;
7-11 (5) a copy of the bond unless the cause is pending
7-12 before a justice court or municipal court;
7-13 (6) a copy of the bonding contract that specifies that
7-14 the defendant:
7-15 (A) shall pay a fee not to exceed 15 percent of
7-16 the face amount of the bond;
7-17 (B) shall make all required court appearances;
7-18 and
7-19 (C) may post collateral to be valued at the
7-20 property's fair market value;
7-21 (7) the receipts required under Section 15(h) of this
7-22 Act; and
7-23 (8) a list of expenses incurred and paid by the
7-24 bondsman while surety on the bond.
7-25 SECTION 6. Section 5, Chapter 550, Acts of the 63rd
7-26 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
7-27 Civil Statutes), as amended by Chapters 641 and 921, Acts of the
8-1 70th Legislature, Regular Session, 1987, is amended by amending
8-2 Subsections (b) and (f) and adding Subsections (g) and (h) to read
8-3 as follows:
8-4 (b) The County Bail Bond Board shall be composed of the
8-5 following persons:
8-6 (1) the county sheriff or a designee from his office
8-7 who may be his administrator or a deputy sheriff of the rank of
8-8 sergeant or greater;
8-9 (2) a district judge of the county having jurisdiction
8-10 over criminal matters designated by the presiding judge of the
8-11 administrative judicial district;
8-12 (3) the county judge or a member of the commissioners
8-13 court designated by the county judge, or a designee approved by the
8-14 commissioners court;
8-15 (4) a judge of a county court or a county court at law
8-16 in the county having jurisdiction over criminal matters designated
8-17 by the presiding judge of the county criminal courts at law
8-18 <commissioners court>;
8-19 (5) the district attorney or his designee if that
8-20 person is an assistant district attorney;
8-21 (6) a licensed bondsman, licensed in the county,
8-22 elected by other county licensees;
8-23 (7) a justice of the peace of the county designated by
8-24 the presiding judge of the justices of the peace;
8-25 (8) the district clerk or the district clerk's <his>
8-26 designee;
8-27 (9) the county clerk or the county clerk's <a>
9-1 designee <from his office>, except in those counties where the
9-2 county clerk has no criminal matters jurisdiction; <and>
9-3 <(10) the board may appoint a presiding judge of a
9-4 municipal court located within the county.>
9-5 (10) the presiding municipal judge of the principal
9-6 city in a county in which the principal city designates a presiding
9-7 judge in its municipal court system; and
9-8 (11) the county treasurer or the county treasurer's
9-9 designee.
9-10 (f) In addition to the powers, <and> duties, and discretion
9-11 given to the County Bail Bond Board by this Act, the board has the
9-12 following powers and duties:
9-13 (1) To exercise any powers incidental or necessary to
9-14 the administration of this Act, to supervise and regulate all
9-15 phases of the bonding business and enforce this Act within the
9-16 county, and to prescribe and post any rules not inconsistent with
9-17 <necessary to implement> this Act;
9-18 (2) To conduct hearings and investigations and make
9-19 determinations respecting the issuance, refusal, suspension, or
9-20 revocation of licenses to bondsmen within the provisions of this
9-21 Act, <and> to issue licenses to those applicants who qualify under
9-22 the terms of this Act and the rules prescribed by the board, to
9-23 refuse licenses to those applicants who do not qualify, and to
9-24 suspend or revoke the licenses of licensees who commit violations
9-25 under this Act or the rules prescribed by the board under this Act;
9-26 (3) To require, by the issuance of subpoenas if
9-27 necessary, applicants, <and> licensees, and agents to appear before
10-1 the board, <and> to administer oaths, examine witnesses, and compel
10-2 the production of pertinent books, accounts, records, documents,
10-3 and testimony by the licensee or applicant in its hearings;
10-4 (4) To cause records and transcripts to be made of all
10-5 its proceedings;
10-6 (5) To maintain records and minutes and otherwise
10-7 operate its office affairs;
10-8 (6) To employ such employees to assist the board in
10-9 its functions as necessary;
10-10 (7) To furnish <and post in> each court in the county
10-11 having jurisdiction of criminal cases and each local official
10-12 responsible for the detention of prisoners in the county with
10-13 monthly <current> lists of the bondsmen and their agents licensed
10-14 <and approved> in the county and to notify immediately each court
10-15 and local official when a bondsman's license is suspended or
10-16 revoked or an agent's authority is rescinded; <and>
10-17 (8) To file reports and furnish information on the
10-18 operation of the bonding business in the county at the request of
10-19 the Texas Judicial Council which shall report annually to the
10-20 governor and the legislature on or before December 1 of each year
10-21 on the operation of the bonding business in the state;
10-22 (9) To determine the value of all collateral pledged
10-23 to secure bail bonds;
10-24 (10) To dispose or manage, in a commercially
10-25 reasonable manner real property deeded to the board;
10-26 (11) To contract with a real estate agent or broker to
10-27 sell property pursuant to this Act or to rent or manage the
11-1 property pending sale of the property; and
11-2 (12) To authorize an agent or broker to exercise
11-3 rights that the board or county has incident to such a sale or
11-4 management of the property, provided the agent or broker shall
11-5 insure the property pending sale.
11-6 (g) The county may pay a real estate agent or broker a
11-7 reasonable fee for services under Subsection (f)(11) of this
11-8 section. Funds realized by the agent shall be paid monthly to the
11-9 county.
11-10 (h) If a witness refuses to obey a subpoena or to give
11-11 evidence relevant to a proper inquiry by the board, the board may
11-12 petition a district court of the county in which the hearing is
11-13 held to compel the witness to obey the subpoena or to give the
11-14 evidence. The district court shall immediately issue process to
11-15 the witness and shall hold a hearing on the petition as soon as
11-16 practicable. If the witness refuses, without reasonable cause or
11-17 legal grounds, to be examined or to give any evidence relevant to
11-18 proper inquiry by the board, the court may punish the witness for
11-19 contempt.
11-20 SECTION 7. Section 6, Chapter 550, Acts of the 63rd
11-21 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
11-22 Civil Statutes), is amended to read as follows:
11-23 Sec. 6. Application and Issuance of License. (a) Any
11-24 individual, corporation, or partnership <person> desiring to act as
11-25 a bondsman in any court of the county shall file with the County
11-26 Bail Bond Board a sworn application for a license. The application
11-27 shall be in such form and shall contain such information as the
12-1 board may prescribe including the following:
12-2 (1) The name, date of birth <age>, and address of the
12-3 applicant;
12-4 (2) The name, date of birth, address, and job to be
12-5 performed by each agent of the bondsman;
12-6 (3) If<, and if> the applicant is a surety
12-7 corporation, <and> whether the corporation is chartered or admitted
12-8 to do business in this state, <and> qualified to write fidelity,
12-9 guaranty, and surety bonds under the Texas Insurance Code and its
12-10 subsequent amendments, and has reinsurance as required under
12-11 Section 3B of this Act<, as amended>;
12-12 (4) <(2)> The name under which the business shall be
12-13 conducted;
12-14 (5) <(3)> The name of the place or places, including
12-15 street address and city, wherein the business is to be conducted;
12-16 (6) <(4)> A sworn statement listing any nonexempt real
12-17 property <estate> owned by the applicant that the applicant intends
12-18 to convey in trust to the board to secure payment of any
12-19 obligations incurred by the applicant in the bonding business if
12-20 the license is granted, and that is located in the same county as
12-21 the county in which the applicant proposes to act as a bondsman.
12-22 The following shall be included for each parcel listed:
12-23 (A) a legal description equivalent to the
12-24 description required to convey the property by general warranty
12-25 deed;
12-26 (B) current statements from each taxing unit
12-27 with power to assess or collect taxes against the property
13-1 indicating that there are no outstanding tax liens against the
13-2 property;
13-3 (C) a current written appraisal that meets the
13-4 requirements of Section 6E of this Act, is made not more than six
13-5 months before the date of the application, <and> indicating the net
13-6 value of the property, and is prepared by a state certified real
13-7 estate appraiser certified under the Texas Appraiser Licensing and
13-8 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes)
13-9 and its subsequent amendments <according to the current appraisal
13-10 made by a real estate appraiser who is a member in good standing of
13-11 a nationally recognized professional appraiser society or trade
13-12 organization that has an established code of ethics, educational
13-13 program, and professional certification program>, accompanied by a
13-14 sworn statement from the applicant agreeing to keep all taxes paid
13-15 on the property while it remains in trust;
13-16 (D) <(C)> a sworn statement of the applicant
13-17 that he will not further encumber the property after conveying it
13-18 in trust to the County Bail Bond Board, without notifying and
13-19 obtaining the permission of the board;
13-20 (E) a sworn <(D) an> agreement to insure and
13-21 keep current the insurance on any improvements on the property
13-22 against any damage or destruction while the property remains in
13-23 trust, in the full amount of the value claimed for the improvements
13-24 and sufficient liability insurance to indemnify the board and
13-25 county against loss; and
13-26 (F) <(E)> a sworn statement indicating whether
13-27 the applicant is married and, if so, a sworn statement from the
14-1 spouse agreeing to transfer to the board, as a part of the trust,
14-2 any right, title, or interest that the spouse may have in the
14-3 property; and the spouse must execute the deeds of trust to any
14-4 community property placed in the security deposit required under
14-5 this section;
14-6 (7) <(5)> A statement indicating the amount of cash or
14-7 cash equivalent <value of any certificate of deposit or cashier's
14-8 checks> which the applicant intends to place on deposit with the
14-9 county treasurer to secure payment of any obligations incurred by
14-10 the applicant in the bonding business if the license is granted;
14-11 (8) <(6)> A complete, sworn financial statement;
14-12 (9) <(7)> A declaration by the applicant that he will
14-13 comply with this Act and the rules prescribed by the board;
14-14 (10) An authorization to verify all financial
14-15 information contained in the application, including:
14-16 (A) a direction to each financial institution
14-17 listed on the application authorizing the release to the board any
14-18 information related to an account listed on the application;
14-19 (B) an authorization, directed to any
14-20 institution, organization, or individual that can verify the
14-21 existence of other assets listed by the applicant, permitting the
14-22 release of information to the board concerning the asset; and
14-23 (C) any additional authorizations as requested
14-24 by the board that are necessary to verify the information on the
14-25 application; and
14-26 (11) A list of all licenses issued under this Act to
14-27 the applicant showing:
15-1 (A) the date originally licensed;
15-2 (B) the dates on which the license was renewed;
15-3 (C) the date the license was revoked, was
15-4 suspended, or expired;
15-5 (D) the county in which the license was issued;
15-6 (E) the name of the applicant's agent if other
15-7 than the agent requesting the license;
15-8 (F) a statement from each board that issued a
15-9 license to that applicant or agent stating that the applicant or
15-10 agent has not violated this Act or the local rules prescribed by
15-11 that board; and
15-12 (G) a statement from the applicant that:
15-13 (i) the applicant has complied with this
15-14 Act and the local rules of each county in which the applicant or
15-15 agent is licensed or has been licensed;
15-16 (ii) collateral accepted by a bondsman
15-17 shall be released or returned to the owner of the property not
15-18 later than the 20th day after the date of final disposition of the
15-19 criminal case if forfeiture of bail is not declared; and
15-20 (iii) a dispute relating to the release or
15-21 return of the collateral is subject to resolution in the manner
15-22 provided by law for the resolution of a contract dispute.
15-23 (b) The application of an individual for a license under
15-24 this Act shall be accompanied by letters of recommendation from
15-25 three reputable persons who have known the applicant for a period
15-26 of at least three years. If the applicant is a corporation, the
15-27 letters shall be required for the person to be in charge of its
16-1 business in the county. Each letter shall recommend the applicant
16-2 or person who will be in charge of its business as having a
16-3 reputation of honesty, truthfulness, fair dealing, and competency
16-4 and shall recommend that the license be granted. If the applicant
16-5 or the person to be in charge of its business has been licensed
16-6 under this Act in another county, the application shall be
16-7 accompanied by a letter from each appropriate board stating whether
16-8 or not the applicant is in good standing in the county where he is
16-9 licensed.
16-10 (c) The application shall be accompanied by a fee of $500
16-11 for the filing of any original application, a photograph of the
16-12 applicant, and a set of fingerprints of the applicant taken by a
16-13 law enforcement officer designated by the board.
16-14 <(d) Prior to a hearing on the application, the board or its
16-15 authorized representative shall conduct necessary inquiries to
16-16 determine whether the applicant possesses the financial
16-17 responsibility and meets other requirements of this Act.>
16-18 <(e) A hearing shall be held on the application after the
16-19 board conducts the inquiries required by Subsection (d) of this
16-20 section. The board may submit any questions to the applicant and
16-21 the applicant's agents relevant to its ruling on the application,
16-22 and the applicant is entitled to present oral and documentary
16-23 evidence to the board. If, after the hearing, the board is
16-24 satisfied that no grounds exist on which to refuse the application,
16-25 the board shall enter an order tentatively approving the
16-26 application subject to the application being perfected by the
16-27 filing of the security deposits required of licensees under this
17-1 Act. If the board is not so satisfied, it shall enter an order
17-2 refusing the license.>
17-3 <(f) Upon notice from the board that the application has
17-4 been tentatively approved, the applicant shall then:>
17-5 <(1) deposit with the county treasurer of the county
17-6 in which the license is to be issued a cashier's check, certificate
17-7 of deposit, cash, or cash equivalent in the amount indicated by the
17-8 applicant under Subdivision (5) of Subsection (a) of Section 6 of
17-9 this Act but in no event less than $50,000 except in counties with
17-10 populations of less than 250,000 persons by the most recent federal
17-11 census, the amount for applicants in said counties shall be $10,000
17-12 to be held in a special fund to be called the bail security fund;
17-13 or>
17-14 <(2) execute in trust to the board deeds to the
17-15 property listed by the applicant under Subdivision (4) of
17-16 Subsection (a) of Section 6 of this Act, which property shall be
17-17 valued in the amount indicated on an appraisal by a real estate
17-18 appraiser who is a member in good standing of a nationally
17-19 recognized professional appraiser society or trade organization
17-20 that has an established code of ethics, educational program, and
17-21 professional certification program, but in no event less than
17-22 $50,000 valuation, except in counties with populations of less than
17-23 250,000 persons by the most recent federal census, the amount for
17-24 applicants in said counties shall be $10,000, the condition of the
17-25 trust being that the property may be sold to satisfy any final
17-26 judgment forfeitures that may be made in bonds on which the
17-27 licensee is surety after such notice and upon such conditions as
18-1 are required by the Code of Criminal Procedure, 1965, as amended,
18-2 in bond forfeiture cases; the board shall file the deeds of trust
18-3 in the records of each county in which the property is located, and
18-4 the applicant shall pay the filing fees.>
18-5 <(3) If the licensee is a corporation, it shall
18-6 furnish to the sheriff an irrevocable letter of credit as a cash
18-7 equivalent to satisfy any final judgment of forfeiture that may be
18-8 made on any bonds on which the corporate licensee is surety.>
18-9 <(g) No bondsman may execute, in any county, bail bonds that
18-10 in the aggregate exceed 10 times the value of the property held as
18-11 security on deposit or in trust under Subsection (f) of this
18-12 section. A county officer or employee designated by the board
18-13 shall maintain a current total of the bondsman's potential
18-14 liability on bonds in force, and no further bonds may be written by
18-15 or accepted from the bondsman when the limit is reached. When a
18-16 bondsman's total liability on judgments nisi reaches two times the
18-17 same amount as he has on deposit as security, no further bonds may
18-18 be written until the bondsman posts additional security as required
18-19 in this subsection. A bondsman whose license is effective may, at
18-20 any time, by posting additional security, increase the bondsman's
18-21 limit.>
18-22 <(h) The cash deposit or the funds realized from the trust
18-23 shall be used to pay the final judgments of any bail forfeitures
18-24 that result from the licensee's execution of a bail bond, if the
18-25 licensee fails to satisfy the judgment within 30 days after a final
18-26 judgment of forfeiture. When any sums are depleted from the
18-27 deposit or trust to pay a judgment resulting from a forfeited bond,
19-1 the licensee shall, as a condition to continuing as a licensee,
19-2 replenish the amount so depleted up to the amount of the required
19-3 minimum deposit to secure other bonds in force. When the licensee
19-4 ceases to engage in the business of executing bail bonds and ceases
19-5 to maintain his license, he may withdraw his security deposit or
19-6 trust upon presentment of a release by the board, if there are no
19-7 judgments or bond liabilities, either actual or potential,
19-8 outstanding against the license. Any portion of the deposit or
19-9 trust not used to pay judgments or to secure unexpired obligations
19-10 on existing bonds in force shall be returned to the licensee or his
19-11 heirs or assigns upon presentment of a release by the board.>
19-12 SECTION 8. Chapter 550, Acts of the 63rd Legislature,
19-13 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
19-14 Statutes), is amended by adding Sections 6A, 6B, 6C, 6D, and 6E to
19-15 read as follows:
19-16 Sec. 6A. ADDITIONAL APPLICATION REQUIREMENTS FOR CORPORATE
19-17 LICENSES. If the applicant is a corporation, in addition to the
19-18 application under Section 6 of this Act, a separate application is
19-19 required for each agent of the corporation. An application by a
19-20 corporation must contain:
19-21 (1) the name of the corporation, the name and title of
19-22 its chief executive officer, the street and mailing address of its
19-23 principal office, the corporation's federal tax identification
19-24 number, and the name, street and mailing address of its registered
19-25 agent of service of process in this state;
19-26 (2) a certified copy of its certificate of
19-27 incorporation and, if a foreign corporation, a certificate of
20-1 authority to do business in this state;
20-2 (3) a certificate of good standing issued by the state
20-3 of incorporation and, if a foreign corporation, by this state,
20-4 dated less than 45 days before filing with the board;
20-5 (4) a certified copy of the certificate of authority
20-6 issued to it by the State Board of Insurance, under the provisions
20-7 of Article 8.20, Insurance Code, and its subsequent amendments, and
20-8 a letter of good standing from the State Board of Insurance; and
20-9 (5) a certified statement signed by the secretary of
20-10 the corporation that there have been no material changes in the
20-11 corporate status since the dates indicated on the items required by
20-12 Subdivisions (2), (3), and (4) of this section;
20-13 (6) for the agent named in the application, the items
20-14 required by Section 6 of this Act for individual applicants;
20-15 (7) a certified copy of the power of attorney issued
20-16 by the corporation to its named agents and filed with the county
20-17 clerk, authorizing the agent to execute bonds of the corporation
20-18 and to bind the corporation on any bond so executed;
20-19 (8) a photograph of each agent of the corporation and
20-20 a set of fingerprints of the agent taken by a law enforcement
20-21 officer designated by the board; and
20-22 (9) an application fee of $500 for each agent of the
20-23 corporation.
20-24 Sec. 6B. ADDITIONAL REQUIREMENTS FOR A PARTNERSHIP LICENSE.
20-25 If the applicant is a partnership, in addition to the information
20-26 required under Section 6 of this Act, the application shall
20-27 contain:
21-1 (1) the name of the partnership, the partnership's
21-2 federal tax identification number, and the street and mailing
21-3 address of its principal office, and the name and street and
21-4 mailing address of its registered agent for service of process in
21-5 this state;
21-6 (2) a certified copy of the current partnership
21-7 agreement;
21-8 (3) a certificate of good standing issued by its state
21-9 of origin dated not more than 45 days before filing with the board,
21-10 provided that if the state of origin does not issue certificates of
21-11 good standing, a document stating that fact must accompany the
21-12 application;
21-13 (4) a certified statement signed by each partner that
21-14 there have been no material changes in the partnership status since
21-15 the dates indicated on the items required by Subdivisions (2) and
21-16 (3) of this section;
21-17 (5) for the partnership, the items and information
21-18 required by Section 6 of this Act for individual applicants;
21-19 (6) for each partner, the items and information
21-20 required by Section 6 of this Act for individual applicants;
21-21 (7) a certified copy of the power of attorney issued
21-22 by the partnership to each partner who will execute bonds that has
21-23 been filed with the county clerk and binds the partnership on any
21-24 bond so executed;
21-25 (8) a photograph of the partner and a set of
21-26 fingerprints of the partner taken by a law enforcement officer
21-27 designated by the board; and
22-1 (9) an application fee of $500 for each partner in the
22-2 partnership.
22-3 Sec. 6C. ISSUANCE OF LICENSES. (a) Before a hearing on the
22-4 application, the board or its authorized representative shall
22-5 conduct necessary inquiries to determine whether the applicant
22-6 possesses the financial responsibility and meets other requirements
22-7 of this Act.
22-8 (b) A hearing shall be held on the application after the
22-9 board conducts the inquiries required by Subsection (a) of this
22-10 section. The board may submit any questions to the applicant and
22-11 the applicant's agents relevant to its ruling on the application,
22-12 and the applicant is entitled to present oral and documentary
22-13 evidence to the board.
22-14 (c) The board may consider in deciding whether to issue or
22-15 renew a license the following factors:
22-16 (1) the applicant's truthfulness with the board;
22-17 (2) whether the applicant revealed to the board
22-18 information relevant to the applicant's filing status;
22-19 (3) the applicant's compliance with the requirements
22-20 of this Act and board rules;
22-21 (4) the financial net worth of the applicant or
22-22 licensee;
22-23 (5) the applicant's knowledge and experience in the
22-24 bail bond industry; and
22-25 (6) any other reasonable consideration determined by
22-26 the board necessary for protection of the public interest and to
22-27 prevent fraud, unfair practices, and abuses of the citizens of this
23-1 state.
23-2 (d) If, after the hearing, the board is satisfied that no
23-3 grounds exist on which to refuse the application, the board shall
23-4 enter an order tentatively approving the application subject to the
23-5 application being perfected by the filing of the security deposits
23-6 required of licensees under this Act. If the board is not so
23-7 satisfied, it shall enter an order refusing the license.
23-8 (e) Upon notice from the board that the application has been
23-9 tentatively approved, the applicant shall then:
23-10 (1) deposit with the county treasurer of the county in
23-11 which the license is to be issued cash or cash equivalent in the
23-12 amount indicated by the applicant under Section 6(a)(7) of this Act
23-13 but not less than $50,000, except in counties with populations of
23-14 less than 250,000 persons by the most recent federal census, in
23-15 which event the amount is $10,000 to be held in a special fund to
23-16 be called the bail security fund; or
23-17 (2) execute in trust to the board deeds to the
23-18 property listed by the applicant under Section 6(a)(6) of this Act,
23-19 which property shall be valued in the amount determined by the
23-20 board as indicated on an appraisal by a state certified real estate
23-21 appraiser certified under the Texas Appraiser Licensing and
23-22 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes)
23-23 and its subsequent amendments but not less than $50,000 valuation,
23-24 except in counties with populations of less than 250,000 persons by
23-25 the most recent federal census, in which event the amount is
23-26 $10,000, the condition of the trust being that the property may be
23-27 sold to satisfy any final judgment forfeitures or any obligation
24-1 incurred by the applicant that may be made in bonds on which the
24-2 licensee is surety after such notice and upon such conditions as
24-3 are required by the Code of Criminal Procedure in bond forfeiture
24-4 cases.
24-5 (f) The board shall file the deeds of trust in the records
24-6 of the county in which the property is located, and the applicant
24-7 shall pay the filing fees. The value of real estate held in trust
24-8 may not exceed 85 percent of the value of all collateral on deposit
24-9 with the board.
24-10 (g) If the licensee is a corporation, it shall:
24-11 (1) deposit with the county treasurer in the county in
24-12 which the license is to be issued cash or cash equivalent in the
24-13 amount indicated by the applicant under Section 6(a)(7) of this Act
24-14 but not less than $100,000, except in a county with a population of
24-15 250,000 or less by the most recent federal census, in which event
24-16 the amount for corporations in that county is $50,000 to be held in
24-17 a special fund to be called the bail security fund; or
24-18 (2) execute in trust to the board deeds to the
24-19 property listed by the corporation under Section 6(a)(6) of this
24-20 Act, which property shall be valued in the amount determined by the
24-21 board as indicated on an appraisal prepared by a state certified
24-22 real estate appraiser certified under the Texas Appraiser Licensing
24-23 and Certification Act (Article 6573a.2, Vernon's Texas Civil
24-24 Statutes) and its subsequent amendments in amounts equal to the
24-25 requirements of Subdivision (1) of this subsection.
24-26 (h) A trust executed under Subsection (g) of this section
24-27 shall be conditioned so that the property may be sold to satisfy
25-1 any final judgment forfeitures or other obligations that may be
25-2 incurred by bonds on which the corporation is surety after notice
25-3 and conditions as required by the Code of Criminal Procedure and
25-4 its subsequent amendments in bond forfeiture cases.
25-5 (i) The board shall file the deeds of trust in the records
25-6 of the county in which the property is located, and the applicant
25-7 shall pay the filing fees. The value of real estate held in trust
25-8 may not exceed 85 percent of the value of all collateral on deposit
25-9 with the board.
25-10 Sec. 6D. REVIEW OF BOND LIMITS. (a) A bondsman may not
25-11 execute, in any county, bail bonds that in the aggregate exceed 10
25-12 times the value of the property held as security on deposit or in
25-13 trust under Section 6C of this Act. A county officer or employee
25-14 designated by the board shall maintain a current total of the
25-15 bondsman's potential liability on bonds in force, and no further
25-16 bonds may be written by or accepted from the bondsman when the
25-17 limit is reached. When a bondsman's total liability on judgments
25-18 nisi reaches two times the amount the bondsman has on deposit as
25-19 security, no further bonds may be written until the bondsman posts
25-20 additional security as required in this subsection. A bondsman
25-21 whose license is effective may, at any time, by posting additional
25-22 security, increase the bondsman's limit.
25-23 (b) Before December 15th of each year, the commissioners
25-24 court in each county with a bail bond board shall determine the
25-25 collateral ratio for the subsequent calendar year for cash, cash
25-26 equivalents, and real property pledged by a person for posting
25-27 bonds in the county. The ratio may not be set at less than 5 times
26-1 the value of the collateral pledged. The commissioners court may
26-2 set a different collateral ratio for real estate and for cash or
26-3 cash equivalents. If the commissioners court determines to make a
26-4 reduction in the ratio, the ratio may not be reduced by more than
26-5 twice the value of the collateral pledged in 1994, and the ratio
26-6 may not be reduced by more than the value of collateral pledged per
26-7 year.
26-8 (c) The cash deposit or the funds realized from the trust
26-9 shall be used to pay the final judgments of any bail forfeitures
26-10 and other obligations that result from the licensee's execution of
26-11 a bail bond if the licensee fails to satisfy the judgment within 30
26-12 days after a final judgment of forfeiture or other obligations that
26-13 may have been incurred from the posting of bonds within 10 days
26-14 after being given notice and a hearing by the board. When any sums
26-15 are depleted from the deposit or trust to pay a judgment resulting
26-16 from a forfeited bond or other obligation incurred, the licensee
26-17 shall, as a condition to continuing as a licensee, replenish the
26-18 amount so depleted up to the amount of the required minimum deposit
26-19 to secure other bonds in force. When the licensee ceases to engage
26-20 in the business of executing bail bonds and ceases to maintain a
26-21 license, the licensee may withdraw the security deposit or trust
26-22 upon presentment of a release by the board, if there are no
26-23 judgments or bond liabilities, either actual or potential,
26-24 outstanding against the license. Any portion of the deposit or
26-25 trust not used to pay judgments or to secure unexpired obligations
26-26 on existing bonds in force shall be returned to the licensee or the
26-27 licensee's heirs or assigns upon presentment of a release by the
27-1 board.
27-2 Sec. 6E. STANDARDS FOR REAL ESTATE APPRAISALS. (a) A real
27-3 estate appraisal required under this Act must:
27-4 (1) conform to the appraisal requirements adopted by
27-5 board rule that are at least as stringent as the provisions of the
27-6 Uniform Standards of Professional Appraisal Practice adopted by the
27-7 Appraisal Standards Board of the Appraisal Foundation;
27-8 (2) disclose the steps taken by the appraiser that
27-9 were necessary to comply with the competency provisions adopted by
27-10 the board rule that are at least as stringent as the competency
27-11 provisions of the Uniform Standards of Professional Appraisal
27-12 Practice adopted by the Appraisal Standards Board of the Appraisal
27-13 Foundation;
27-14 (3) be based on the elements of market value and net
27-15 value described by this subsection;
27-16 (4) be written and presented in a narrative format or
27-17 on forms that satisfy the requirements of this subsection;
27-18 (5) be sufficiently descriptive as to the estimated
27-19 market value and the estimated net value and as to the rationale
27-20 for these estimates;
27-21 (6) provide sufficient detail and depth of analysis
27-22 that reflects the complexity of each tract of real estate
27-23 appraised;
27-24 (7) report and analyze in reasonable detail any
27-25 transfer of the appraised property that occurred:
27-26 (A) not more than one year before the date of
27-27 the appraisal for residential property designed for not more than
28-1 four families; or
28-2 (B) not more than three years before the date of
28-3 the appraisal for all other property;
28-4 (8) report and analyze information regarding the
28-5 current revenues, expenses, and vacancies for the property if the
28-6 property is, and will continue to be, income producing;
28-7 (9) report and analyze a reasonable marketing period
28-8 for the appraised property;
28-9 (10) report and analyze current market conditions and
28-10 trends that may affect the projected income or the absorption of
28-11 the appraised property;
28-12 (11) include a statement that the appraisal assignment
28-13 is not based on a requested minimum or specific valuation;
28-14 (12) contain sufficient supporting documentation and
28-15 all pertinent information documenting the appraiser's logic,
28-16 reasoning, judgment, and analysis in arriving at the conclusions
28-17 indicated in the appraisal;
28-18 (13) identify and value separately any personal
28-19 property, fixtures, or items other than real property that are
28-20 included in the appraisal and analyze the effect these items have
28-21 on the estimate of the appraised property's market value and net
28-22 value;
28-23 (14) be prepared by using a reasonable valuation
28-24 method that addresses the direct sales comparison, income, and cost
28-25 approaches to market value, reconciles these approaches, and
28-26 explains the elimination of each approach not used;
28-27 (15) disclose and explain any information that is
29-1 required or that is pertinent to the appraisal that is unavailable
29-2 to the appraiser; and
29-3 (16) be set at the same value as the tax appraised
29-4 value unless the appraiser can document and explain in detail why
29-5 the tax appraised value does not reflect the true value of the
29-6 property.
29-7 (b) A person who is approved by the board to set the value
29-8 of real estate, pledged as collateral, by appraisal shall submit a
29-9 sworn statement to the board agreeing to have the tax value of the
29-10 real estate increased to the appraised value of the real estate the
29-11 next time values can be changed if the value set is higher than the
29-12 tax value. If the person does not have the local taxing authority
29-13 change the value at the next opportunity, the board shall reduce
29-14 the value of the real estate to the tax value.
29-15 SECTION 9. Sections 7(a), (b), and (d), Chapter 550, Acts of
29-16 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
29-17 Vernon's Texas Civil Statutes), are amended to read as follows:
29-18 (a) Wherever in this Act any person is required or
29-19 authorized to give or execute any bail bond, such bail bond may be
29-20 given or executed by such principal and any corporation authorized
29-21 by law to act as surety. When any such corporation authorized by
29-22 law to act as a surety undertakes to be a surety on a bail bond,
29-23 such corporation, before being acceptable as a surety on a bail
29-24 bond, shall be required to meet the applicable requirements
29-25 prescribed by Section 6 of this Act before being acceptable as a
29-26 personal surety on a bail bond<; Subsection (g) of Section 6 does
29-27 not apply to a corporate surety>.
30-1 (b) The certificate of authority to do business in this
30-2 state issued to a corporation by the State Board of Insurance
30-3 pursuant to Article 8.20, Insurance Code, and its subsequent
30-4 amendments <as amended,> may <shall> be treated as conclusive
30-5 evidence as to the sufficiency of the security, the corporation's
30-6 solvency, or its credits. The board may refuse to issue a license
30-7 to a corporation for cause, as determined by the board.
30-8 (d) Notwithstanding any statutory requirements to the
30-9 contrary, an <any> agent of a corporation so designated and
30-10 licensed or approved hereunder for the purpose of writing bail
30-11 bonds shall <not> be required to be licensed as a local recording
30-12 agent as defined in Article 21.14, Texas Insurance Code, and its
30-13 subsequent amendments <as amended,> for the purpose of this Act.
30-14 SECTION 10. Section 8, Chapter 550, Acts of the 63rd
30-15 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
30-16 Civil Statutes), is amended by amending Subsection (a) and adding
30-17 Subsection (d) to read as follows:
30-18 (a) A license issued under this Act expires 24 months after
30-19 the date of its issuance and may not be renewed unless an
30-20 application for renewal is filed with the board at least 30 days
30-21 before expiration. The application for renewal shall have the same
30-22 form and content as an application for an original license under
30-23 this Act. The application for renewal shall be accompanied by a
30-24 renewal fee of $500. If the renewal application complies with the
30-25 requirements for an original license under <applicant's current
30-26 license has not been suspended or revoked, if the renewal
30-27 application complies with the requirements of> this Act and the
31-1 rules of the board, and if the board is satisfied that the licensee
31-2 is eligible <knows no legal reason why the application should not
31-3 be renewed>, the license may then be renewed for a period of 24
31-4 months from the date of expiration <and may be renewed subsequently
31-5 each 24 months in like manner>.
31-6 (d) The board by rule may establish continuing education
31-7 requirements for licensees or administer continuing education
31-8 programs for licensees. If a continuing education requirement is
31-9 established, completion of the requirement is necessary to renew a
31-10 license issued under this Act.
31-11 SECTION 11. Section 9, Chapter 550, Acts of the 63rd
31-12 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
31-13 Civil Statutes), is amended to read as follows:
31-14 Sec. 9. WARNINGS, Refusal, Suspension, and Revocation of
31-15 Licenses. (a) No license may be issued to any person who has not
31-16 complied with the requirements of this Act for applying for an
31-17 original or renewal license.
31-18 (b) The board or any board member <may, on its own motion,
31-19 and> shall, on receipt of a sworn complaint providing reasonable
31-20 cause to believe that a violation of this Act has occurred or on
31-21 the request of a court, investigate or cause to be investigated the
31-22 actions and records relating to such complaint against any person
31-23 or agent of the person <bondsman> it has licensed. The board may,
31-24 after notice and hearing, issue a warning to a licensee, refuse an
31-25 application for license, or suspend or revoke a license for:
31-26 (1) violation of a provision of this Act or a rule
31-27 prescribed by the board during the term of the license <sought to
32-1 be suspended or revoked> or during any prior licensing period;
32-2 (2) fraudulently obtaining a license under the
32-3 provisions of this Act, making a false statement or
32-4 misrepresentation in an application for an original or renewal
32-5 license or in any hearing before the board, <or> refusing to appear
32-6 before the board when proper notice has been given or refusing to
32-7 answer any question submitted by the board in a hearing relevant to
32-8 the license or the conduct or qualifications of the licensee or
32-9 applicant;
32-10 (3) final conviction under the laws of this or any
32-11 other state or of the United States of a misdemeanor involving
32-12 moral turpitude or of a felony committed after the effective date
32-13 of this Act;
32-14 (4) being adjudged bankrupt or becoming insolvent;
32-15 (5) being adjudged mentally incompetent;
32-16 (6) subject to Subsections (e)-(h) of this section,
32-17 failing to pay within 30 days any final judgment rendered on any
32-18 forfeited bond <in any court of competent jurisdiction within the
32-19 county of the licensee>;
32-20 (7) paying of commissions or fees or dividing
32-21 commissions or fees or offering to pay or divide commissions or
32-22 fees with any person, company, firm, or corporation not licensed
32-23 under this Act to execute bonds;
32-24 (8) soliciting bail bond business in any building
32-25 where prisoners are processed or confined;
32-26 (9) recommending to any client the employment of a
32-27 particular attorney or firm of attorneys in a criminal case;
33-1 (10) falsifying any records required to be maintained
33-2 under this Act, failing to keep the records, or failing promptly to
33-3 permit the inspection of the records at any time requested by the
33-4 board or its representatives or agents;
33-5 (11) operating as a bondsman while the license is
33-6 suspended or after it has expired and before it is renewed; <and>
33-7 (12) on more than one occasion failing to maintain the
33-8 minimum amount of security required by this Act or misrepresenting
33-9 to any official or employee of the official the limit supported by
33-10 the amount of security to obtain the release of any person on bond;
33-11 (13) failure of the surety to pay all rearrest costs
33-12 for returning an individual to custody within 10 days after the
33-13 date of receiving notice from the board that the costs are due,
33-14 provided that notice is presumed to have been delivered on the
33-15 fourth day after the date it is deposited in the United States mail
33-16 addressed to the last known address on file with the bail bond
33-17 board or when the surety is notified by the board at hearing that
33-18 the costs are due; and
33-19 (14) failure of a bondsman to notify the board in
33-20 writing, within 30 days, of the date of a change in business
33-21 location or using an agent not previously approved by the board.
33-22 (c) The board shall refuse a license application or revoke a
33-23 license for a violation of Subsection (b)(3), (4), (5), (7), or
33-24 (10) of this section.
33-25 (d) Payment by a bondsman of a final judgment on a forfeited
33-26 bail bond or rearrest costs after the period prescribed by
33-27 Subsection (b)(6) or (13) of this section is not a defense to an
34-1 action under that subsection to suspend or revoke that bondsman's
34-2 license.
34-3 (e) If the board finds that a licensee has failed to pay a
34-4 judgment before the 31st day after the date on which the judgment
34-5 is final, or failed to pay rearrest costs before the 11th day after
34-6 the date of receiving notice from the board that the costs are due,
34-7 and the judgment or rearrest costs are unpaid on the date of the
34-8 hearing at which the board finding is made, the board may warn the
34-9 licensee or suspend or revoke the license.
34-10 (f) If the judgment or rearrest costs are paid before the
34-11 date of the hearing at which the board finding is made under
34-12 Subsection (e) of this section, during the preceding 12-month
34-13 period the licensee has failed to pay any other judgment or
34-14 rearrest costs before the expiration of time limits set out in
34-15 Subsection (e) of this section, the board shall issue a warning to
34-16 the licensee but may not take further action.
34-17 (g) If before the first anniversary of the date on which the
34-18 licensee receives a warning issued by the board under Subsection
34-19 (e) or (f) of this section the licensee is delinquent in paying
34-20 another judgment or rearrest cost, the board shall suspend the
34-21 license of the licensee for 30 days.
34-22 (h) If before the first anniversary of the date on which a
34-23 suspended license is reinstated the licensee is delinquent in
34-24 paying a judgment or rearrest cost, the board shall revoke the
34-25 license.
34-26 SECTION 12. Section 11, Chapter 550, Acts of the 63rd
34-27 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
35-1 Civil Statutes), is amended to read as follows:
35-2 Sec. 11. Court Review. (a) An appeal may be taken from any
35-3 board's order revoking, suspending, or refusing to issue a license.
35-4 The appeal must be made within 30 days after written notice of the
35-5 suspension, revocation, or refusal by filing a petition in a
35-6 district court in the county in which the license is issued or
35-7 refused. If no appeal is taken within 30 days after written notice
35-8 of suspension, revocation, or refusal, such action shall become
35-9 final. <An appeal shall be by trial de novo, as in proceedings
35-10 appealed from justice to county courts.> The decision of the board
35-11 shall have full force and effect pending the determination of the
35-12 appeal.
35-13 (b) An appeal of the board's order may be made to a district
35-14 court. The district court shall examine the record of the board's
35-15 action and determine whether there was substantial evidence to
35-16 support the board's action.
35-17 (c) All appeals taken from actions of the board shall be
35-18 against the board and not against the members individually.
35-19 SECTION 13. Section 14A, Chapter 550, Acts of the 63rd
35-20 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
35-21 Civil Statutes), is amended to read as follows:
35-22 Sec. 14A. Effect of Default <by Corporation>. (a) A person
35-23 <Notwithstanding any law to the contrary, a corporation that is in
35-24 default on five or more bail bonds in a county may not act as a
35-25 bail bondsman in that county.>
35-26 <(b) The clerk of the court in which the corporation is in
35-27 default on a bail bond shall deliver a written notice of the
36-1 default to the sheriff, chief of police, or other appropriate peace
36-2 officer in the county in which the bond is forfeited.>
36-3 <(c) A corporation> is considered in default on a bail bond
36-4 from the time the trial court enters its final judgment on the
36-5 scire facias until the judgment is satisfied or set aside.
36-6 (b) <(d)> For purposes of this section, a person
36-7 <corporation> is not considered in default on a bond if the person
36-8 <it> deposits with the appropriate court cash in the full amount of
36-9 the judgment, pending appeal, including court costs and interest,
36-10 not later than the 30th day after the date the judgment is signed.
36-11 The deposit shall be applied to the payment of any final judgment
36-12 in the case.
36-13 (c) A person in default on a bail bond may not post a bail
36-14 bond.
36-15 SECTION 14. Sections 15(j), (k), and (l), Chapter 550, Acts
36-16 of the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
36-17 Vernon's Texas Civil Statutes), are amended to read as follows:
36-18 (j) A person may not intentionally or knowingly submit a
36-19 bail bond license application or other document for consideration
36-20 by the board that is false.
36-21 (k) A bondsman or agent may not charge a fee or require
36-22 collateral or any other thing of value that exceeds the risk
36-23 involved the expenses actually incurred and paid by the bondsman or
36-24 the agent. It is a defense to prosecution under this subsection
36-25 that the principal or cosurety on a bond did not have sufficient
36-26 collateral that could be divided to prevent the bondsman from
36-27 taking collateral that exceeded the risk involved.
37-1 (l) <(j)> A person who violates Subsection <(a) or> (g) of
37-2 this section shall be guilty of a Class C misdemeanor.
37-3 (m) <(k)> A person who violates Subsection (a), (b), (e),
37-4 (f), (h), <or> (i), (j), or (k) of this section shall be guilty of
37-5 a Class B misdemeanor.
37-6 (n) <(l)> A person who violates Subsection (c) or (d) of
37-7 this section shall be guilty of a Class A misdemeanor.
37-8 SECTION 15. Article 17.19, Code of Criminal Procedure, is
37-9 amended by amending Subsection (e) and adding Subsections (f), (g),
37-10 and (h) to read as follows:
37-11 (e) An arrest warrant issued under this article may be
37-12 executed by a peace officer, or by a security officer<,> or a
37-13 private investigator licensed in this state.
37-14 (f) A security officer or private investigator executing an
37-15 arrest warrant under this section shall immediately surrender the
37-16 individual to a peace officer or magistrate.
37-17 (g) A surety shall pay all necessary and reasonable expenses
37-18 incurred by a sheriff or other peace officer in rearresting or
37-19 processing the principal back into custody within 30 days after the
37-20 date of receiving notice of the expenses. Notice is presumed to
37-21 have been delivered on the fourth day after the date of deposit in
37-22 the United States mail addressed to the last known address on file
37-23 with the bail bond board.
37-24 (h) Failure of a surety to pay expenses incurred
37-25 disqualifies the surety from operating as a surety on any other
37-26 bonds while the expenses remain unpaid unless:
37-27 (1) an appeal is pending before a court of competent
38-1 jurisdiction; or
38-2 (2) the expenses are governed under Chapter 550, Acts
38-3 of the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
38-4 Vernon's Texas Civil Statutes), and its subsequent amendments.
38-5 SECTION 16. Chapter 17, Code of Criminal Procedure, is
38-6 amended by adding Article 17.191 to read as follows:
38-7 Art. 17.191. EXECUTION OF BOND FORFEITURE WARRANT BY SURETY.
38-8 (a) An arrest warrant issued under Article 23.05, Code of Criminal
38-9 Procedure, shall be issued to the sheriff of the county in which
38-10 the case is pending, and a copy of the warrant shall be issued to
38-11 the surety or his agent.
38-12 (b) An arrest warrant issued under Article 23.05, Code of
38-13 Criminal Procedure, may be executed by a peace officer or by a
38-14 security officer, or a private investigator licensed in this state.
38-15 (c) A security officer or private investigator executing an
38-16 arrest warrant under this section shall immediately surrender the
38-17 individual to a peace officer or magistrate.
38-18 (d) The surety shall pay necessary and reasonable expenses
38-19 incurred by a sheriff or other peace officer in rearresting or
38-20 processing the principal back into custody within 30 days after the
38-21 date of receiving notice of the expenses. Notice is presumed to
38-22 have been delivered on the fourth day after deposit in the United
38-23 States mail addressed to the last known address on file with the
38-24 bail bond board.
38-25 (e) Failure of a surety to pay expenses incurred
38-26 disqualifies the surety from operating as a surety on any bonds
38-27 while the expenses remain unpaid unless:
39-1 (1) an appeal is pending before a court of competent
39-2 jurisdiction; or
39-3 (2) the expenses are governed under Chapter 550, Acts
39-4 of the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
39-5 Vernon's Texas Civil Statutes), and its subsequent amendments.
39-6 SECTION 17. Article 22.17, Code of Criminal Procedure, is
39-7 repealed.
39-8 SECTION 18. (a) This Act takes effect September 1, 1993,
39-9 and applies only to a license issued or renewed by a county bail
39-10 bond board on or after that date.
39-11 (b) The change in law made by this Act to Section 15,
39-12 Chapter 550, Acts of the 63rd Legislature, Regular Session, 1973
39-13 (Article 2372p-3, Vernon's Texas Civil Statutes), applies only to
39-14 the punishment for an offense committed on or after the effective
39-15 date of this Act. For purposes of this section, an offense is
39-16 committed before the effective date of this Act if any element of
39-17 the offense occurs before the effective date.
39-18 (c) An offense committed before the effective date of this
39-19 Act is covered by the law in effect when the offense was committed,
39-20 and the former law is continued in effect for that purpose.
39-21 SECTION 19. The importance of this legislation and the
39-22 crowded condition of the calendars in both houses create an
39-23 emergency and an imperative public necessity that the
39-24 constitutional rule requiring bills to be read on three several
39-25 days in each house be suspended, and this rule is hereby suspended.