By Place                                              H.B. No. 1939
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to amending the Code of Criminal Procedure relating to
    1-3  bail and the forfeiture of bail.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Chapter 722, Acts of the 59th
    1-6  Legislature, Regular Session, 1965 (Article 17.01 Code of Criminal
    1-7  Procedure), is amended to read as follows:
    1-8        Art. 17.01.  DEFINITION OF "BAIL".  "Bail" is the security
    1-9  given by the accused in the form of a bail bond or personal bond
   1-10  that he will appear and answer before the proper court the
   1-11  accusation brought against him or make his personal appearance
   1-12  before any court or agency of this State in a criminal case as
   1-13  required by this Code <and includes a bail bond or a personal
   1-14  bond>.
   1-15        SECTION 2.  Section 1, Chapter 722, Acts of the 59th
   1-16  Legislature, Regular Session, 1965 (Article 17.06 Code of Criminal
   1-17  Procedure), is amended to read as follows:
   1-18        Art. 17.06.  <CORPORATION AS SURETY> MORE THAN ONE BAIL BOND
   1-19  MAY BE GIVEN TO PROVIDE BAIL.  Wherever in this Chapter, any person
   1-20  is required <or authorized> to give <or execute any> bail <bond>,
   1-21  such bail <bond> may be given <or executed> by such principal and
   1-22  any person or persons <corporation> authorized by law to act as
   1-23  surety, by executing one or more bail bonds which in the aggregate
    2-1  total the amount of bail set <subject to all the provisions of this
    2-2  Chapter regulating and governing the giving of bail bonds by
    2-3  personal surety insofar as the same is applicable>.
    2-4        SECTION 3.  Section 1, Chapter 722, Acts of the 59th
    2-5  Legislature, Regular Session, 1965, (Article 17.08 Code of Criminal
    2-6  Procedure), is amended to read as follows:
    2-7        Art. 17.08.  REQUISITES OF A BAIL BOND.  A bail bond shall
    2-8  <shall be sufficient if it> contain the following requisites:
    2-9              (1)  That it be made payable to "The State of Texas";
   2-10              (2)  That the defendant and his sureties, if any, bind
   2-11  themselves that the defendant will appear before the proper court,
   2-12  <or> magistrate or agency of this State as required by this Code
   2-13  <to answer the accusation against him>;
   2-14              (3)  If the defendant is charged with a felony, that it
   2-15  state that he is charged with a felony.  If the defendant is
   2-16  charged with a misdemeanor, that it state that he is charged with a
   2-17  misdemeanor;
   2-18              (4)  That the bond be signed by name or mark by the
   2-19  principal and sureties, if any, each of whom shall write thereon
   2-20  his mailing address;
   2-21              (5)  That the bond state <the time and place, when and
   2-22  where the> that the accused binds himself to appear<, and the court
   2-23  or magistrate before whom he is to appear.  The bond shall also
   2-24  bind the defendant to appear> before any court, <or> magistrate or
   2-25  any agency of this State who has jurisdiction of the criminal case
    3-1  <before whom the cause may thereafter be pending at any time> when,
    3-2  and place where, his presence may be required under this Code or by
    3-3  any court, <or> magistrate, or agency of this State who has
    3-4  jurisdiction of the criminal case.  If no date of appearance is
    3-5  specified in the bond, the principal and his sureties, if any,
    3-6  shall be given notice to their address on the bond of the date,
    3-7  time and place where the principal's personal appearance is
    3-8  required;
    3-9              (6)  The bond shall state that the defendant and his
   3-10  sureties, if any, bind themselves to pay upon adjudication of the
   3-11  forfeiture the penalty adjudged against them, if any, under the
   3-12  provisions of Chapter 22 of this Code, should the defendant fail to
   3-13  appear as required, and the bond shall state that such liability
   3-14  shall not exceed the amount of the bond.  The amount of the bond
   3-15  shall be the amount of the bail set;
   3-16              (<6>7)  The bond shall also be conditioned that the
   3-17  principal and sureties, if any, will pay all necessary and
   3-18  reasonable expenses incurred by any and all sheriffs or other peace
   3-19  officers in rearresting the principal in the event he fails to
   3-20  appear before the court, <or> magistrate, or agency of this State
   3-21  named in the bond at the time stated therein.  The amount of such
   3-22  expenses shall be in addition to the amount imposed for the
   3-23  forfeiture of the bond under the provisions of Chapter 22 of this
   3-24  Code <principal amount specified in the bond>.  The failure of any
   3-25  bail bond to contain the conditions specified in this paragraph
    4-1  shall in no manner affect the legality of any such bond, but it is
    4-2  intended that the sheriff or other peace officer shall look to the
    4-3  defendant and his sureties, if any, for expenses incurred by him,
    4-4  and not to the State for any fees earned by him in connection with
    4-5  the rearresting of an accused who has violated the conditions of
    4-6  his bond.
    4-7        SECTION 4.  Section 1, Chapter 722, Acts of the 59th
    4-8  Legislature, Regular Session, 1965, as amended by Section 2,
    4-9  Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
   4-10  (Article 22.01 Code of Criminal Procedure), is amended to read as
   4-11  follows:
   4-12        Art. 22.01.  Bail forfeited, when.  When a defendant is bound
   4-13  by bail to appear and fails to appear before <in> any court in
   4-14  which such case may be pending or at any time when his personal
   4-15  appearance is required under this Code before<, or by> any court,
   4-16  <or> magistrate, agency, or public official, a forfeiture of his
   4-17  bail and a <judicial> declaration of such forfeiture shall be taken
   4-18  in the manner provided in Article 22.02 of this Code < and entered
   4-19  by such court>.
   4-20        SECTION 5.  Section 1, Chapter 722, Acts of the 59th
   4-21  Legislature, Regular Session, 1965 (Article 22.02 Code of Criminal
   4-22  Procedure), is amended to read as follows:
   4-23        Art. 22.02.  Manner of taking a forfeiture.  Bail <Bonds and
   4-24  personal bonds are> is forfeited in the following manner:  (a)  The
   4-25  name of the defendant shall be called distinctly in <at> the
    5-1  courtroom on the date the appearance is required.  The court or
    5-2  clerk shall note upon the docket sheet the fact of non-appearance
    5-3  and that the call was made.  Within thirty (30) days after the date
    5-4  of non-appearance, the court shall enter a declaration of
    5-5  forfeiture and show cause order that requires the defendant and his
    5-6  sureties, if any, to show cause why the State of Texas should not
    5-7  recover of the defendant, and of his sureties, if any, the amount
    5-8  of the bond.  The show cause order shall state that a final
    5-9  judgment will be entered, unless good cause be shown why the
   5-10  defendant did not appear, when the forfeiture should be exonerated,
   5-11  or why the bond should be remitted by sworn answer filed with the
   5-12  court within twenty-four (24) months from the date the declaration
   5-13  of forfeiture was entered <courthouse door, and if the defendant
   5-14  does not appear within a reasonable time after such call is made,
   5-15  judgment shall be entered that the State of Texas recover of the
   5-16  defendant the amount of money in which he is bound, and of his
   5-17  sureties, if any, the amount of money in which they are
   5-18  respectively bound, which judgment shall state that the same will
   5-19  be made final, unless good cause be shown why the defendant did not
   5-20  appear>.  Unless the defendant makes his appearance within
   5-21  twenty-one (21) days after the date of non-appearance, the court
   5-22  shall not set aside a declaration of forfeiture unless otherwise
   5-23  specifically authorized by this chapter.  If a court finds a bond
   5-24  insufficient under Article 17.09 of this code, it shall not release
   5-25  the principal or his sureties until the principal is placed into
    6-1  the custody of the sheriff where the case is pending.  If the bond
    6-2  is found insufficient after the non-appearance of a defendant, the
    6-3  declaration of forfeiture is not affected.
    6-4        (b)  If the defendant fails to appear before any agency or
    6-5  public official where his personal appearance is required under
    6-6  this Code, the agency or public official shall make an affidavit of
    6-7  this fact and file the affidavit with the court where the bond was
    6-8  filed.  The court shall then forfeit the bond in the same manner as
    6-9  a non-appearance in that court.  A docket entry by the judge or
   6-10  clerk of a court or an affidavit of non-appearance by an agency or
   6-11  public official under this Section shall be prima facia evidence of
   6-12  the non-appearance of the defendant.
   6-13        SECTION 6.  Section 1. Chapter 722, Acts of the 59th
   6-14  Legislature, Regular Session, 1965 (Article 22.03 Code of Criminal
   6-15  Procedure), is amended to read as follows:
   6-16        Art. 22.03.  Citation to sureties.  Upon entry of a
   6-17  declaration of forfeiture <judgment>, a citation shall issue within
   6-18  30 days <forthwith> notifying the sureties of the defendant, if
   6-19  any, that the bond has been forfeited, and requiring them to appear
   6-20  and show cause why the declaration <judgment> of forfeiture should
   6-21  not be made final, why the forfeiture should be exonerated, or why
   6-22  the bond should be remitted by sworn answer filed with the court
   6-23  within twenty-four (24) months from the date of the declaration of
   6-24  forfeiture.
   6-25        SECTION 7.  Section 1, Chapter 722, Acts of the 59th
    7-1  Legislature, Regular Session, 1965 (Article 22.04 Code of Criminal
    7-2  Procedure), is amended to read as follows:
    7-3        Art. 22.04.  Requisites of citation.  A citation shall be
    7-4  sufficient if it <be in the form provided for citations in civil
    7-5  cases in such court;> notifies the party to appear and show cause
    7-6  why the declaration of forfeiture should not be made final, why the
    7-7  forfeiture should be exonerated, or why the bond should be remitted
    7-8  by the court within twenty-four (24) months from the date of the
    7-9  declaration of forfeiture, provided, however, that a copy of the
   7-10  declaration <judgment> of forfeiture entered by the court shall be
   7-11  attached to the citation <and the citation shall notify the parties
   7-12  cited to appear and show cause why the judgment of forfeiture
   7-13  should not be made final>.
   7-14        SECTION 8.  Section 1, Chapter 722, Acts of the 59th
   7-15  Legislature, Regular Session, 1965 (Article 22.05 Code of Criminal
   7-16  Procedure), is amended to read as follows:
   7-17        Art. 22.05.  CITATION AS PROVIDED IN THIS CHAPTER <IN CIVIL
   7-18  ACTIONS>.  Sureties shall be entitled to notice by service of
   7-19  citation, which shall be served by the clerk of the court upon the
   7-20  surety at the address on the bond for the surety by certified,
   7-21  registered or express mail, postage pre-paid, return receipt
   7-22  requested <the length of time and in the manner required in civil
   7-23  actions; and the officer executing the citation shall return the
   7-24  same as in civil actions>.  If the citation sent to the surety is
   7-25  returned by the post office for any reason or if there is no
    8-1  address on the bond for the surety, the clerk shall file a copy of
    8-2  the citation and declaration of forfeiture with the county clerk
    8-3  where the bond was filed.  In such cases, the county clerk is the
    8-4  agent for service of process for the surety and he shall keep
    8-5  records of all citations and declarations of forfeiture filed with
    8-6  him indexed by both the name of the surety and the name of the
    8-7  principal.  The return receipt received from the United States
    8-8  Postal Service or a certified copy of the citation and declaration
    8-9  of forfeiture as filed with the county clerk shall be prima facie
   8-10  evidence of service upon the surety as required by this chapter.
   8-11  It is the duty of any surety on a bond to check the records of the
   8-12  county clerk of each county where he has executed bonds.  It shall
   8-13  not be necessary to give notice to the defendant unless he has
   8-14  furnished his address on the bond, in which event notice to the
   8-15  defendant shall be deposited in the United States mail directed to
   8-16  the defendant at the address shown on the bond.
   8-17        SECTION 9.  Section 1, Chapter 722, Acts of the 59th
   8-18  Legislature, Regular Session, 1965 (Articles 22.06 and 22.07 Code
   8-19  of Criminal Procedure), is amended to read as follows:
   8-20        Art. 22.06 is hereby repealed.
   8-21        Art. 22.07 is hereby repealed.
   8-22        SECTION 10.  Section 1, Chapter 722, Acts of the 59th
   8-23  Legislature, Regular Session, 1965, as amended by Section 3,
   8-24  Chapter 312, Acts of the 67th Legislature, Regular Session, 1981
   8-25  (Article 22.10 Code of Criminal Procedure), is amended to read as
    9-1  follows:
    9-2        Art. 22.10.  Scire facias docket.  Twenty Two Months after
    9-3  <When> a forfeiture has been declared upon a bond, or upon the
    9-4  filing of an answer by the surety, whichever occurs first, by
    9-5  operation of law there <the court or clerk> shall be docketed a
    9-6  <the> case upon the scire facias <or upon the civil> docket, in the
    9-7  name of the State of Texas, as plaintiff, and the principal and his
    9-8  sureties, if any as defendants; and the proceedings had therein
    9-9  shall be governed by the same rules governing other civil suits
   9-10  except as otherwise provided in this chapter.
   9-11        SECTION 11.  Section 1, Chapter 722, Acts of the 59th
   9-12  Legislature, Regular Session, 1965 (Article 22.11 Code of Criminal
   9-13  Procedure), is amended to read as follows:
   9-14        Art. 22.11.  Sureties may answer.  After the declaration of
   9-15  forfeiture <of the bond, if the sureties, if any, have been duly
   9-16  notified>, the sureties, if any, may file a sworn answer in writing
   9-17  and show cause why the defendant did not appear, why the forfeiture
   9-18  should be exonerated, or why the bond should be remitted.  Such
   9-19  <which> sworn answer may be filed within twenty-four (24) months
   9-20  after the date of the entry of the declaration of forfeiture <the
   9-21  time limited for answering in other civil actions>.  If the surety
   9-22  has made a request for a confirmation from a law enforcement agency
   9-23  as provided by this chapter, the time periods for filing a sworn
   9-24  answer shall be extended as provided in Article 22.15a of this
   9-25  chapter.  A sworn answer with no basis in fact or law and for
   10-1  purpose of delay only may subject the bondsman to a penalty of up
   10-2  to twenty-five percent (25%) of the bond, pursuant to Article 22.14
   10-3  of this chapter.
   10-4        SECTION 12.  Section 4, Chapter 312, Acts of the 67th
   10-5  Legislature, Regular Session, 1981, as amended by Section 5.02(1),
   10-6  Acts of the 70th Legislature, Regular Session, 1987, (Article
   10-7  22.125 Code of Criminal Procedure), is amended to read as follows:
   10-8        Art. 22.125.  Powers of the court.  After a case has been
   10-9  docketed upon the scire facias docket <judicial declaration of
  10-10  forfeiture is entered,> if an answer has been timely filed, the
  10-11  court may proceed with the trial required by Article 22.14 of this
  10-12  code.  If no timely answer is filed, proceedings shall be had in
  10-13  accordance with Article 22.15 of this chapter.  The court's
  10-14  jurisdiction in a proceeding to forfeit a bond in a criminal case
  10-15  is limited and the court <may> shall enter a final judgment,
  10-16  exonerate the defendant and his sureties, if any, from liability on
  10-17  the forfeiture, remit the amount of the forfeiture, or set aside
  10-18  the forfeiture only as expressly provided by this chapter.
  10-19        SECTION 13.  Section 1, Chapter 722, Acts of the 59th
  10-20  Legislature, Regular Session, 1965, , (Article 22.14 Code of
  10-21  Criminal Procedure) is amended to read as follows:
  10-22        Art. 22.14.  Judgment final.  <When, u>Upon a trial of the
  10-23  issues presented, under the declaration of forfeiture, <no
  10-24  sufficient cause is shown for the failure of the principal to
  10-25  appear,> a <the> final  judgment shall be entered. <made final>
   11-1  no sufficient cause is shown for the failure of the principal to
   11-2  appear, a final judgment shall be entered against him and his
   11-3  sureties, if any, for the amount of the bond <in which they are
   11-4  respectively bound; and the same shall be collected by execution as
   11-5  in civil actions>.  If it is shown that the bond should be
   11-6  exonerated, a final judgment shall be entered that the State take
   11-7  nothing <Separate executions shall issue against each party for the
   11-8  amount adjudged against him>.  If it is shown that the bond should
   11-9  be remitted, a final judgment shall be entered which awards the
  11-10  State the costs specified in art.  22.16(d) of this chapter <The
  11-11  costs shall be equally divided between the sureties, if there be
  11-12  more than one>.  The total amount of any final judgment entered
  11-13  pursuant to this Section shall not exceed the amount of the bond;
  11-14  however, any penalty accessed under Art. 22.11 of this Chapter
  11-15  shall be in addition to such amount.  Notwithstanding any statute
  11-16  or code to the contrary, no costs or fees shall be included in any
  11-17  final judgment of forfeiture of a bond except as provided in this
  11-18  chapter.  Nothing herein shall limit the court's authority to
  11-19  approve a settlement made pursuant to Art.  22.16(c) of this
  11-20  Chapter.
  11-21        SECTION 14.  Section 1, Chapter 722, Acts of the 59th
  11-22  Legislature, Regular Session, 1965, (Article 22.15 Code of Criminal
  11-23  Procedure) is amended to read as follows:
  11-24        Art. 22.15.  JUDGMENT BY DEFAULT.  When any party has <the
  11-25  sureties have> been duly cited and fails or neglects to file a
   12-1  sworn answer<, and the principal also fails to answer> within the
   12-2  time <limited> allowed for answering in this chapter, <other civil
   12-3  actions>, a judgment for the amount of the bond shall be entered by
   12-4  the court against such party who <the court shall enter judgment
   12-5  final by defaulted> failed or neglected to file a timely answer.
   12-6  Unless all parties to the case fail to file a timely answer, a
   12-7  judgment entered pursuant to this Article shall be interlocutory
   12-8  until a final judgment is entered against the other parties.
   12-9        SECTION 15.  The Code of Criminal Procedure is amended by
  12-10  adding the following article:
  12-11        Art. 22.15a.  OTHER PROCEDURES.  In a criminal bond
  12-12  forfeiture case:
  12-13              (1)  a motion for new trial shall be filed within ten
  12-14  (10) days after a final judgment is entered, and shall be overruled
  12-15  by operation of law if a written order is not entered within ten
  12-16  (10) days after the date the motion is filed.
  12-17              (2)  any appeal of a final judgment entered under this
  12-18  chapter shall require a deposit with the clerk of the court of
  12-19  cash, a supersedeas bond signed by a licensed corporate surety, or
  12-20  a certificate of deposit, in an amount equal to the amount of the
  12-21  judgment.
  12-22              (3)  the forfeiture of a bond can only be enforced
  12-23  under this chapter.
  12-24              (4)  a declaration of forfeiture must be entered within
  12-25  thirty (30) days after the date of non-appearance, otherwise the
   13-1  bond is not enforceable.
   13-2              (5)  service must be made on a party within ninety (90)
   13-3  days after the date the declaration of forfeiture is entered,
   13-4  otherwise the bond is not enforceable.
   13-5              (6)  upon the filing of a sworn affidavit within the
   13-6  time given to answer in Article 22.11 of this Chapter that a
   13-7  request for confirmation of incarceration has been made under the
   13-8  provisions of Article 22.16(b) of this Chapter, the time period
   13-9  allowed for answering a declaration of forfeiture shall be extended
  13-10  to ten (10) days after the notice of confirmation from the law
  13-11  enforcement agency is filed with the court and given to the surety.
  13-12  This section shall not act to shorten the time given to answer
  13-13  which is specified in Article 22.11, regardless of when the notice
  13-14  of confirmation is filed.
  13-15              (7)  notwithstanding any law, code, or rule to the
  13-16  contrary a surety's rights under common law to surrender or arrest
  13-17  a principal on a bond are preserved and any other provisions of the
  13-18  laws of the state are in addition to such rights.
  13-19        SECTION 16.  Section 1, Chapter 722, Acts of the 59th
  13-20  Legislature, Regular Session, 1965, as amended by Section 5,
  13-21  Chapter 312, Acts of the 67th Legislature, Regular Session, 1981,
  13-22  Section 3, Chapter 1047, Acts of the 70th Legislature, Regular
  13-23  Session, 1987 (Article 22.15 Code of Criminal Procedure) is amended
  13-24  to read as follows:
  13-25        Art. 22.16.  REMITTITUR AFTER FORFEITURE AND BEFORE FINAL
   14-1  JUDGMENT.  (a)  After forfeiture of a bond and before entry of a
   14-2  final judgment <the expiration of the time limits set by Subsection
   14-3  (c) of this article>, the court shall, on <written motion> sworn
   14-4  answer, remit to the surety the amount of the bond after deducting
   14-5  the costs <of court> specified in Subsection (d) of this Article<,
   14-6  any reasonable costs to the county for the return of the principal,
   14-7  and the interest accrued on the bond amount as provided by
   14-8  Subsection (e) of this article>, if:
   14-9              (1)  the principal is incarcerated in the county in
  14-10  which the prosecution is pending;
  14-11              (2)  the principal is incarcerated in any another
  14-12  jurisdiction and the incarceration is verified as provided by
  14-13  Subsection (b) of this article or shown by other proof;
  14-14              (3)  the principal is released on new bail in the case;
  14-15              (4)  is it shown that the principal is deceased or was
  14-16  deceased at the time of the forfeiture;
  14-17              (5)  the case for which bond was given is dismissed;
  14-18              (6)  the proper authorities fail or refuse to extradite
  14-19  the principal on the bond to the county where the declaration of
  14-20  forfeiture is pending, after request by the surety for extradition
  14-21  and acknowledgement of the surety's liability for the costs of such
  14-22  extradition made in writing; or,
  14-23              (7)  the case for which the bond was given was disposed
  14-24  of by a plea of guilty, or a finding of guilty or not guilty, or
  14-25  the principal was placed upon probation or deferred probation.
   15-1        (b)  For the purposes of Subsection (a) (1) and (2) of this
   15-2  article, a surety may request confirmation of the incarceration of
   15-3  his principal by written request to the law enforcement agency of
   15-4  the county where the prosecution was or is pending.  A law
   15-5  enforcement agency in this state that receives a request for
   15-6  verification shall within thirty (30) days after it receives the
   15-7  request notify the court in which the prosecution is or was pending
   15-8  and the surety whether or not the principal is or has been
   15-9  incarcerated <in another jurisdiction> and the date of the
  15-10  incarceration.  A surety making a request for confirmation shall
  15-11  pay a fee of $10 for confirmations from jurisdictions within this
  15-12  state and $25 for confirmations from jurisdictions outside of this
  15-13  state.
  15-14        (c)  Notwithstanding any other provision of this Chapter, the
  15-15  prosecuting authority in any jurisdiction in which a declaration of
  15-16  forfeiture is pending may agree to and sign an Agreed Final
  15-17  Judgment of the bond forfeiture, regardless of whether the
  15-18  principal on the bond is incarcerated.  Any such Agreed Final
  15-19  Judgment may be made if the prosecuting authority, in his
  15-20  discretion, deems that  the interests of the jurisdiction would be
  15-21  served thereby and shall include an affirmative statement that the
  15-22  surety waives any right to subsequently file a motion for new
  15-23  trial, an appeal, or a bill of review in the case.  No such Agreed
  15-24  Final Judgment shall be approved by the court more than sixty (60)
  15-25  days after the date of the entry of the declaration of forfeiture.
   16-1  The court in which the declaration of forfeiture is pending shall
   16-2  approve a settlement of the bond forfeiture  which meets the
   16-3  conditions of this subsection.  <A final judgment may be entered
   16-4  against a bond not earlier than:>
   16-5              <(1)  nine months after the date the forfeiture was
   16-6  entered, if the offense for which the bond was given is a
   16-7  misdemeanor; or>
   16-8              <(2)  18 months after the date the forfeiture was
   16-9  entered, if the offense for which the bond was given is a felony.>
  16-10        (d)  The Court shall deduct from any remittitur given under
  16-11  the provisions of Subsection (a) of this article, any reasonable
  16-12  costs to any Sheriff or other peace officer shown to the court for
  16-13  the return of the principal and interest.  Interest accrues on the
  16-14  bond amount from the date of forfeiture in the same manner and at
  16-15  the rate as provided for the accrual of prejudgment interest in
  16-16  civil cases.  Interest accrues on the bond amount from the date a
  16-17  declaration of forfeiture is entered until the date of the
  16-18  occurrence of an event specified in Subsection (a) of this Article.
  16-19  <After the expiration of the time limits set by Subsection (c) of
  16-20  this article and before the entry of a final judgment against the
  16-21  bond, the court in its discretion may remit to the surety all or
  16-22  part of the amount of the bond after deducting the costs of court,
  16-23  any reasonable costs to the county for the return of the principal,
  16-24  and the interest accrued on the bond amount as provided by
  16-25  Subsection (e) of this article>.
   17-1        (e)  In cases where Subsection (a) or (c) of this article
   17-2  have no application, after a forfeiture of a bond and before entry
   17-3  of a final judgment the court may in its discretion remit part or
   17-4  all of the bond.  When a remittitur has been granted under this
   17-5  section, the costs specified in Subsection (d) shall not be imposed
   17-6  <interest accrues on the bond amount from the date of forfeiture in
   17-7  the same manner and at the same rate as provided for the accrual of
   17-8  prejudgment interest in civil cases>.
   17-9        SECTION 17.  (a)  A bond, or the forfeiture of such a bond,
  17-10  given before September 1, 1993, shall be governed by the law in
  17-11  effect at the time the bond was executed.
  17-12        (b)  Bail set and bonds executed on or  after September 1,
  17-13  1993 shall be governed by this Act.
  17-14        (c)  The former law is continued in effect for the purposes
  17-15  of subsections (a), and (b) of this Section only.
  17-16        SECTION 18.  In the event that Subsections (a) or (c) of
  17-17  Article 22.16 of this code are held to be invalid for any reason
  17-18  and cannot be given effect, it is intended that Subsection (e) of
  17-19  Article 22.16 of this code remain in full force and effect.
  17-20        SECTION 19.  The importance of this legislation and the
  17-21  crowded condition of the calendars in both houses create an
  17-22  emergency and an imperative public necessity that the
  17-23  constitutional rule requiring bills to be read on three several
  17-24  days in each house be suspended, and this rule is hereby suspended,
  17-25  and that this Act take effect and be in force from and after its
   18-1  passage, and it is so enacted.