By Place H.B. No. 1940
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of bail bondsmen and providing for
1-3 educational requirements of bail bondsmen.
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, Section 3 (Article 2372p-3,
1-7 Vernon's Texas Civil Statutes, Section 3), is amended to read as
1-8 follows:
1-9 Sec. 3. Licensing Requirement and Eligibility. <The
1-10 provisions of this Act apply only to the execution of bail bonds in
1-11 counties having a population of more than 110,000 according to the
1-12 last federal census or in counties of less than 110,000 where a
1-13 board has been created. The creation of the board is within the
1-14 discretion of a majority of the officers of the county who would be
1-15 members of, or who would designate members of, the board as
1-16 provided under Subsection (b) of this Section.>
1-17 (a) In any county where a bond is to be posted, <that has a
1-18 board> no person may act as a bondsman except:
1-19 (1) persons licensed by the Board of that county;
1-20 <under this Act, and>
1-21 (2) persons licensed to practice law in this state who
1-22 meet the requirements set forth in Subsection (<e>d) of this
1-23 Section <3 of this Act>; and<.>
2-1 (3) in counties having a population of less than
2-2 110,000 persons according to the most recent federal census,
2-3 persons licensed by any Board in this state presenting a bond which
2-4 is certified by the County Sheriff of the county where the bondsman
2-5 is licensed. The Sheriff shall certify a bond under this section
2-6 if the bondsman has sufficient financial resources in his bail
2-7 security fund account to permit execution of the bond in the county
2-8 of licensing. Certification of such bond shall be made in writing,
2-9 shall state the date of certification and the dollar amount
2-10 certified and shall bear the signature of the Sheriff or his
2-11 authorized deputy.
2-12 (b) An <No> individual is eligible for and shall be issued a
2-13 license under this Act, if <unless> the individual:
2-14 (1) is a resident of this state and a citizen of the
2-15 United States;
2-16 (2) is at least twenty-one (21) <18> years of age;
2-17 (3) possesses a high school diploma or general
2-18 education degree, twenty-four (24) hours of college credit and
2-19 twenty (20) hours of bondsman's continuing education, as defined in
2-20 this Act. Provided, however, that this requirement shall not apply
2-21 to anyone who acted as a surety in counties in which a license was
2-22 not required prior to the effective date of this Act nor to anyone
2-23 licensed or previously licensed to execute bonds by any Board in
2-24 this State whose license has never been finally revoked;
2-25 <sufficient financial resources to provide indemnity against loss
3-1 on such obligations as he may undertake as required by Section 6 of
3-2 this Article>.
3-3 (4) possesses the financial responsibility and
3-4 resources required by Section 6(f) of this Act;
3-5 (5) submits an application which meets the
3-6 requirements of this Act;
3-7 (6) has not been:
3-8 (a) found finally guilty of any felony within
3-9 the preceding ten (10) year period;
3-10 (b) found finally guilty of any misdemeanor
3-11 which involves moral turpitude, other than a Class C misdemeanor,
3-12 within the preceding one (1) year period; or
3-13 (c) found finally guilty of any felony offense
3-14 which directly relates to the duties and responsibilities of a bail
3-15 bondsman as defined in this Act; and,
3-16 (7) is not a peace officer, jailer, employee of a law
3-17 enforcement agency, judicial officer, court employee, or an
3-18 employee of any similar or related agency.
3-19 (c) A corporation is eligible for and shall be issued a
3-20 license under this Act, if the corporation: <No person shall be
3-21 eligible for a license under this Act, who after the effective date
3-22 of this Act, commits an offense for which he is finally convicted,
3-23 such offense being a felony or misdemeanor involving moral
3-24 turpitude>
3-25 (1) has a valid certificate of authority issued to it
4-1 by the State Board of Insurance, pursuant to article 8.20,
4-2 Insurance Code, as amended;
4-3 (2) designates in its application an agent who meets
4-4 the requirements for an individual set forth in Section 3(b)
4-5 Subsections 1, 2, 3, 6 and 7 of this Act;
4-6 (3) submits an application which meets the
4-7 requirements of this Act; and
4-8 (4) deposits the security required by Section 6(f) of
4-9 this Act.
4-10 <(d) No corporation is eligible to be licensed unless:>
4-11 <(1) it is chartered or admitted to do business in
4-12 this state; and>
4-13 <(2) it is qualified to write fidelity, guaranty and
4-14 surety bonds under the Texas Insurance Code, as amended.>
4-15 (<e>d) Persons licensed to practice law in this state may
4-16 execute bail bonds or act as sureties for persons they actually
4-17 represent in criminal cases without being licensed under this Act,
4-18 but they are prohibited from engaging in the practices made the
4-19 basis for revocation of license under this Act and if found by the
4-20 sheriff to have violated any term of this Act, may not qualify
4-21 thereafter under the exception provided in this subsection unless
4-22 and until they come into compliance with those practices made the
4-23 basis of revocation under this Act. Notwithstanding any other
4-24 provision of this subsection, no person licensed to practice law
4-25 shall be relieved of liability on a bail bond he has executed for
5-1 the sole reason that he has not been employed to represent the
5-2 principal on the merits of the case if he has been paid a fee for
5-3 the execution of the bail bond.
5-4 (e) Any person employed by or contracting with a bondsman to
5-5 provide any service which facilitates the execution of a specific
5-6 bond or requires contact with the general public, other than a bona
5-7 fide telephone answering service or the designated agent of a
5-8 corporate bondsman, must file an application for an identification
5-9 card with the board. The application shall contain the information
5-10 required by Section 6(b)(1) of this Act, certify that the applicant
5-11 is in compliance with the terms of Section 3(b)(6) and (7) of this
5-12 Act, and be accompanied by an application fee of $25. The Sheriff
5-13 shall verify the information contained in the application and the
5-14 Chairman or staff of the Board shall issue an identification card
5-15 to a qualified applicant. The application shall act as a temporary
5-16 identification card until a final determination on the application
5-17 is made.
5-18 (f) Each individual, or corporate agent, who will execute
5-19 bonds under this Act shall complete a minimum of eight (8) hours of
5-20 bondsman's continuing education by the anniversary date of his
5-21 license issuance each year. This requirement shall not apply to
5-22 any bondsman who is sixty-five (65) years or older or who has
5-23 maintained a bondsman's license for a minimum of fifteen (15) years
5-24 on the date this provision becomes effective. The Professional
5-25 Bondsmen of Texas Association shall conduct bondsman's continuing
6-1 education programs pursuant to this subsection which shall be
6-2 reasonably and directly related to the bonding business and the
6-3 Association may access a reasonable fee from each individual
6-4 registering for each such program. The Association shall provide
6-5 each individual in actual attendance at each such program with a
6-6 certificate of attendance which shall specify the name of the
6-7 person attending and the number of hours of the program. Such
6-8 certificate shall be conclusive proof of attendance by the named
6-9 individual for the number of hours of stated continuing education.
6-10 SECTION 2. Section 1, Chapter 550, Acts of the 63rd
6-11 Legislature, Regular Session, 1973, Section 5 (Article 2372p-3,
6-12 Vernon's Texas Civil Statutes, Section 5), is amended to read as
6-13 follows:
6-14 Sec. 5 COUNTY BAIL BOND BOARD (a) There is hereby created
6-15 in all counties <having a population of 110,000 or more, according
6-16 to the most recent federal census,> a County Bail Bond Board. <In
6-17 counties of less than 110,000, the creation of a County Bail Bond
6-18 Board is within the discretion of a majority of the officers of the
6-19 county who would be members of, or who would designate members of,
6-20 such a Board under the provisions of this Act.>
6-21 (b) Any Board created by election of the county under prior
6-22 law shall be composed of the persons specified in below in this
6-23 Subsection, after the effective date of this Act. In counties
6-24 having a population of less than 110,000 persons according to the
6-25 most recent federal census in which there is no Board on the
7-1 effective date of this Act, the County Sheriff shall act as the
7-2 County Bail Bond Board. Subject to all other provisions of this
7-3 Act, the County Sheriff may set a bail security fund requirement
7-4 which shall apply uniformly in his county. Such bail security fund
7-5 requirement may permit the use of varied types of security, but may
7-6 not require less than the minimum amount of security specified
7-7 under Section 6(f) of this Act. In counties having a population of
7-8 110,000 or more persons according to the most recent federal
7-9 census, t<T>he County Bail Bond Board shall be composed of the
7-10 following persons:
7-11 (1) the county sheriff or a designee from his office
7-12 who may be his administrator or a deputy sheriff of the rank of
7-13 sergeant or greater;
7-14 (2) a district judge of the county having jurisdiction
7-15 over criminal matters designated by the presiding judge of the
7-16 administrative judicial district;
7-17 (3) the county judge or a member of the commissioners
7-18 court designated by the county judge, or a designee approved by the
7-19 commissioners court;
7-20 (4) a judge of a county court or a county court at law
7-21 in the county having jurisdiction over criminal matters designated
7-22 by the commissioners court;
7-23 (5) the district attorney or his designee if that
7-24 person is an assistant district attorney;
7-25 (6) a licensed bondsman, licensed in the county,
8-1 elected by other county licensees;
8-2 (7) a justice of the peace;
8-3 (8) the district clerk or his designee;
8-4 (9) the county clerk or a designee from his office,
8-5 except in those counties where the county clerk has no criminal
8-6 matters jurisdiction; and
8-7 <(10) the board may appoint a presiding judge of a
8-8 municipal court located within the county.>
8-9 (10) the presiding municipal judge of the principal
8-10 city in a county in which the principal city designates a presiding
8-11 judge in its municipal court system.
8-12 (c) The board shall meet within 60 days after its creation.
8-13 The board shall initially elect one of its members as chairman who
8-14 shall preside at all meetings to be held thereafter at the call of
8-15 the chairman.
8-16 (d) Four members of the board shall constitute a quorum for
8-17 the conduct of business, except in counties where the Sheriff is
8-18 the sole member of the board. All action by the board shall
8-19 require the vote of a majority of the members present. The board
8-20 shall meet at least once a month.
8-21 (e) Unless clearly not required by this Act, all rules,
8-22 regulations, and actions of the board passed pursuant to this Act
8-23 shall be posted at an appropriate place in the courthouse for a
8-24 period of 10 days prior to their effective date.
8-25 (f) In addition to the powers and duties given to the County
9-1 Bail Bond Board by this Act, the board has the following powers and
9-2 duties:
9-3 (1) To exercise any powers incidental or necessary to
9-4 the administration of this Act, to supervise and regulate all
9-5 phases of the bonding business and enforce this Act within the
9-6 county, and to prescribe and post any rules necessary to implement
9-7 this Act;
9-8 (2) To conduct hearings and investigations and make
9-9 determinations respecting the issuance, refusal, suspension, or
9-10 revocation of licenses to bondsmen within the provisions of this
9-11 Act and to issue licenses to those applicants who qualify under the
9-12 terms of this Act, to refuse licenses to those applicants who do
9-13 not qualify, and to suspend or revoke the licenses of licensees who
9-14 commit violations under this Act or the rules prescribed by the
9-15 board under this Act;
9-16 (3) To require applicants and licensees to appear
9-17 before the board, and to administer oaths, examine witnesses, and
9-18 compel the production of pertinent books, accounts, records,
9-19 documents, and testimony by the licensee or applicant in its
9-20 hearings;
9-21 (4) To cause records and transcripts to be made of all
9-22 its proceedings;
9-23 (5) To maintain records and minutes and otherwise
9-24 operate its office affairs;
9-25 (6) To employ such employees to assist the board in
10-1 its functions as necessary;
10-2 (7) To furnish and post in each court in the county
10-3 having jurisdiction of criminal cases and each local official
10-4 responsible for the detention of prisoners in the county with
10-5 current lists of the bondsmen and their agents licensed and
10-6 approved in the county and to notify immediately each court and
10-7 local official when a bondsman's license is suspended or revoked or
10-8 an agent's authority is rescinded; and
10-9 (8) To file reports and furnish information on the
10-10 operation of the bonding business in the county at the request of
10-11 the Texas Judicial Council which shall report annually to the
10-12 governor and the legislature on or before December 1 of each year
10-13 on the operation of the bonding business in the state.
10-14 SECTION 3. (a) Any person initially applying for any
10-15 license after the effective date of this Act shall be governed by
10-16 this Act.
10-17 (b) Any license issued prior to the effective date of this
10-18 Act shall be governed by the law in effect at the time the license
10-19 was issued; however, at the time of first renewal of such license
10-20 or the expiration of one (1) year from the effective date of this
10-21 Act, whichever is greater, this Act shall govern such licenses.
10-22 (c) Persons not subject to licensing as a bondsman prior to
10-23 the effective date of this Act shall comply with this Act within
10-24 one (1) year of its effective date.
10-25 (d) The former law is continued in effect for the purposes
11-1 of subsections (b) and (c) only.
11-2 SECTION 4. The importance of this legislation and the
11-3 crowded condition of the calendars in both houses create an
11-4 emergency and an imperative public necessity that the
11-5 constitutional rule requiring bills to be read on three separate
11-6 days in each house be suspended, and this rule is hereby suspended,
11-7 and that this Act take effect and be in force from and after its
11-8 passage, and its so enacted.