By Horn                                                H.B. No. 555
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the payment of certain expenses by a bail bondsman.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 17.08, Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        Art. 17.08.  REQUISITES OF A BAIL BOND.  A bail bond shall be
    1-7  sufficient if it contain the following requisites:
    1-8              1.  That it be made payable to "The State of Texas";
    1-9              2.  That the defendant and his sureties, if any, bind
   1-10  themselves that the defendant will appear before the proper court
   1-11  or magistrate to answer the accusation against him;
   1-12              3.  If the defendant is charged with a felony, that it
   1-13  state that he is charged with a felony.  If the defendant is
   1-14  charged with a misdemeanor, that it state the he is charged with a
   1-15  misdemeanor;
   1-16              4.  That the bond he is signed by name or mark by the
   1-17  principal and sureties, if any, each of whom shall write thereon
   1-18  his mailing address;
   1-19              5.  That the bond state the time and place, when and
   1-20  where the accused binds himself to appear, and the court or
   1-21  magistrate before whom he is to appear.  The bond shall also bind
   1-22  the defendant to appear before any court or magistrate before whom
   1-23  the cause may thereafter be pending at any time when, and place
    2-1  where, his presence may be required under this Code or by any court
    2-2  or magistrate;
    2-3              6.  The bond shall also be conditioned that the
    2-4  principal and sureties, if an;y, will pay all necessary and
    2-5  reasonable expenses incurred by any and all sheriffs or other peace
    2-6  officers in rearresting the principal in the event he fails to
    2-7  appear before the court or magistrate named in the bond at the time
    2-8  stated therein.  The expenses must be paid not later than the 30th
    2-9  day after the date the expenses are incurred.  The amount of such
   2-10  expense shall be in addition to the principal amount specified in
   2-11  the bond.  The failure of any bail bond to contain the conditions
   2-12  specified in this paragraph shall in no manner affect the legality
   2-13  of any such bond, but it is intended that the sheriff or other
   2-14  peace officer shall look to the defendant and his sureties, if any,
   2-15  for expenses incurred by him, and not to the State for any fees
   2-16  earned by him in connection with the rearresting of an accused who
   2-17  has violated the conditions of his bond.
   2-18        SECTION 2.  Article 17.11, Code of Criminal Procedure, is
   2-19  amended by adding Section 3 to read as follows:  Sec. 3.  A person
   2-20  who signs as surety on a bail bond and who fails to pay the
   2-21  necessary and reasonable expenses incurred by a peace officer under
   2-22  Subdivision 6, Article 17.08, in rearresting a person for whom the
   2-23  bondsman issued the bond shall be considered to be in default on
   2-24  the bond for the purposes of Section 2 until payment of the
   2-25  expenses owed by the bondsman.
    3-1        SECTION 3.  Section 9, Chapter 550, Acts of the 63rd
    3-2  Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
    3-3  Civil Statutes), is amended by adding Subsection (c) to read as
    3-4  follows:
    3-5        (c)  The board shall, after notice and hearing, suspend the
    3-6  license of a bondsman who fails to pay the necessary and reasonable
    3-7  expenses incurred by a peace officer under Subdivision 6, Article
    3-8  17.08, Code of Criminal Procedure, in rearresting a person for whom
    3-9  the bondsman issued a bond.  The board may reinstate a license
   3-10  suspended under this subsection on payment of the expenses owed by
   3-11  the bondsman.
   3-12        SECTION 4.  This Act takes effect September 1, 1995, and
   3-13  applies only to a bail bond executed on or after that date.  A bail
   3-14  bond executed before that date is governed by the law in effect at
   3-15  the time the bond was executed, and the former law is continued in
   3-16  effect for that purpose.
   3-17        SECTION 5.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and imperative public necessity that the constitutional
   3-20  rule requiring bills to be read on three several days in each house
   3-21  suspended, and this rule is hereby suspended.