By Solis H.B. No. 1285
74R4668 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Commission on Bail Enforcement
1-3 Agent Standards and Education and the regulation of the practices
1-4 of bail enforcement agents.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 5, Title 70, Revised Statutes, is amended
1-7 by adding Article 4413(29dd) to read as follows:
1-8 Art. 4413(29dd). COMMISSION ON BAIL ENFORCEMENT AGENT
1-9 STANDARDS AND EDUCATION
1-10 Sec. 1. DEFINITIONS. In this article:
1-11 (1) "Bail enforcement agent" means a person licensed
1-12 by the commission who discovers, locates, or captures a person who
1-13 has failed to appear in a court after posting a bond to ensure that
1-14 person's appearance in a court.
1-15 (2) "Commission" means the Commission on Bail
1-16 Enforcement Agent Standards and Education.
1-17 Sec. 2. COMMISSION. The Commission on Bail Enforcement
1-18 Agent Standards and Education is an agency of the state.
1-19 Sec. 3. SUNSET PROVISION. The Commission on Bail
1-20 Enforcement Agent Standards and Education is subject to Chapter
1-21 325, Government Code (Texas Sunset Act). Unless continued in
1-22 existence as provided by that chapter, the commission is abolished
1-23 and this article expires September 1, 2007.
1-24 Sec. 4. COMPOSITION OF COMMISSION. (a) The commission is
2-1 composed of three members appointed by the governor with the advice
2-2 and consent of the senate. The governor shall make the
2-3 appointments without regard to the race, color, disability, sex,
2-4 religion, age, or national origin of the appointees. A member must
2-5 be a resident of this state.
2-6 (b) Two members must be licensed as bail enforcement agents.
2-7 One member must be a member of the general public.
2-8 (c) Members serve staggered six-year terms.
2-9 (d) A vacancy in an office of a member of the commission
2-10 shall be filled for the unexpired term.
2-11 (e) The following officers shall serve as ex officio members
2-12 of the commission:
2-13 (1) the director of the Department of Public Safety of
2-14 the State of Texas or the director's designee;
2-15 (2) the highest ranking officer of the Texas Rangers
2-16 or an officer of the Texas Rangers designated by the highest
2-17 ranking officer of the Texas Rangers; and
2-18 (3) the attorney general or the attorney general's
2-19 designee.
2-20 Sec. 5. CONFLICT OF INTEREST. (a) A person is not eligible
2-21 for appointment as a public member if the person or the person's
2-22 spouse:
2-23 (1) is licensed by an occupational regulatory agency
2-24 in the field of law enforcement, private investigation, or bail
2-25 enforcement;
2-26 (2) is employed by or participates in the management
2-27 of a business entity or other organization related to the field of
3-1 law enforcement, private investigation, or bail enforcement; or
3-2 (3) has, other than as a consumer, a financial
3-3 interest in a business entity related to the field of law
3-4 enforcement, private investigation, or bail enforcement.
3-5 (b) A member or employee of the commission may not be an
3-6 officer, employee, or paid consultant of a trade association in the
3-7 law enforcement, private investigation, or bail enforcement
3-8 industry.
3-9 (c) A person required to register as a lobbyist under
3-10 Chapter 305, Government Code, because of activities for
3-11 compensation in or on behalf of a profession related to the
3-12 operation of the commission may not be a member of or general
3-13 counsel to the commission.
3-14 Sec. 6. REMOVAL OF MEMBER. (a) It is a ground for removal
3-15 from the commission if a member:
3-16 (1) did not have when appointed or does not maintain
3-17 during service on the commission the qualifications required by
3-18 Section 4 of this article for appointment to the commission; or
3-19 (2) violates a prohibition under Section 5 of this
3-20 article.
3-21 (b) The validity of an action of the commission is not
3-22 affected by the fact that it is taken when a ground for removal of
3-23 a member exists.
3-24 Sec. 7. COMMISSION OFFICERS; VOTING. (a) At its first
3-25 meeting after appointment of members to serve regular terms, the
3-26 commission shall elect from among its appointed members a presiding
3-27 officer. The term of the presiding officer is one year.
4-1 (b) An ex officio member may not vote.
4-2 Sec. 8. COMPENSATION AND EXPENSES. A member of the
4-3 commission is not entitled to compensation, but is entitled to
4-4 reimbursement of the member's travel expenses as provided in the
4-5 General Appropriations Act.
4-6 Sec. 9. MEETINGS. (a) The commission shall meet at times
4-7 and places in this state that it considers proper. The presiding
4-8 officer may call a meeting on the presiding officer's own motion
4-9 and shall call a meeting on the written request of two members.
4-10 (b) The commission is subject to Chapters 551 and 2001,
4-11 Government Code.
4-12 Sec. 10. GENERAL POWERS. (a) The commission may:
4-13 (1) adopt rules for the administration of this article
4-14 and for the commission's internal management and control;
4-15 (2) employ an executive director and other personnel
4-16 necessary in the performance of commission functions;
4-17 (3) accept donations, contributions, grants, or gifts
4-18 from private individuals, foundations, or the federal government;
4-19 (4) report to the governor and legislature on its
4-20 activities, with recommendations on matters under its jurisdiction,
4-21 and make other reports that it considers desirable;
4-22 (5) establish reasonable and necessary fees for the
4-23 administration of this article;
4-24 (6) contract with other persons as the commission
4-25 considers necessary for services, facilities, studies, and reports
4-26 required for the performance of the commission's other functions;
4-27 (7) establish minimum standards relating to competence
5-1 and reliability, including educational, training, physical, mental,
5-2 and moral standards, for licensing as a bail enforcement agent; and
5-3 (8) establish minimum requirements for the continuing
5-4 education of bail enforcement agents.
5-5 (b) In establishing standards for the licensing of a bail
5-6 enforcement agent, the commission shall consider needs of the state
5-7 in capturing a person who has fled from the criminal courts while
5-8 under a bond, the public safety and welfare, and the need for a
5-9 well-trained individual to apprehend an escaped fugitive.
5-10 Sec. 11. FUNDS REPORT; AUDIT. (a) During January of each
5-11 year, the commission shall file with the governor and the presiding
5-12 officer of each house of the legislature a complete and detailed
5-13 written report accounting for all funds received and disbursed by
5-14 the commission during the preceding year.
5-15 (b) The financial transactions of the commission are subject
5-16 to audit by the state auditor in accordance with Chapter 321,
5-17 Government Code.
5-18 Sec. 12. INFORMATION OF PUBLIC INTEREST. The commission
5-19 shall prepare information of public interest describing the
5-20 regulatory functions of the commission and the procedures for
5-21 filing and for resolution by the commission of public complaints.
5-22 The commission shall make the information available to the general
5-23 public and appropriate state agencies.
5-24 Sec. 13. PROGRAMS AND INSTRUCTORS. (a) The commission
5-25 shall establish and maintain training programs for bail enforcement
5-26 agents.
5-27 (b) The commission may:
6-1 (1) operate a training program for bail enforcement
6-2 agents;
6-3 (2) license persons as qualified instructors of
6-4 training programs under conditions that the commission prescribes;
6-5 and
6-6 (3) visit and inspect a training program and make
6-7 necessary evaluations to determine if it is complying with this
6-8 article and commission rules.
6-9 Sec. 14. CURRICULUM. (a) The commission may establish
6-10 minimum curriculum requirements for training programs subject to
6-11 approval under Section 13 of this article.
6-12 (b) The curriculum requirements must include training in
6-13 firearms proficiency.
6-14 Sec. 15. CONTINUING EDUCATION. The commission shall
6-15 recognize, prepare, or administer continuing education programs for
6-16 bail enforcement agents.
6-17 Sec. 16. LICENSURE. The commission shall grant a bail
6-18 enforcement license to a person who:
6-19 (1) submits a proper application, including any
6-20 criminal history record information required by the commission;
6-21 (2) complies with the requirements for a license;
6-22 (3) completes any required training; and
6-23 (4) passes any required examination.
6-24 Sec. 17. EXAMINATION. (a) The commission shall:
6-25 (1) prescribe the content of an examination for a bail
6-26 enforcement agent license; and
6-27 (2) determine the standards for acceptable performance
7-1 on each examination.
7-2 (b) Not later than the 30th day after the date an
7-3 examination is administered, the commission shall notify each
7-4 examinee of the results of the examination, except that if an
7-5 examination is graded or reviewed by a national testing service,
7-6 the commission shall notify each examinee of the results of the
7-7 examination not later than the 14th day after the date the
7-8 commission receives the results from the testing service. If the
7-9 notification of the examination results will be delayed for longer
7-10 than 90 days after the examination date, the commission shall
7-11 notify the examinee of the reason for the delay before the 90th
7-12 day.
7-13 (c) If requested in writing by a person who fails the
7-14 licensing examination, the commission shall provide the person an
7-15 analysis of the person's performance on the examination.
7-16 Sec. 18. REVOCATION; PROBATION; SUSPENSION. (a) The
7-17 commission may establish procedures for the revocation of any
7-18 license that it grants under this article.
7-19 (b) The commission shall revoke or suspend a license, place
7-20 on probation a person whose license has been suspended, or
7-21 reprimand a license holder for a violation of this article or a
7-22 rule of the commission. A person whose license the commission
7-23 proposes to suspend or revoke is entitled to a hearing before the
7-24 commission.
7-25 (c) The commission shall keep an information file about each
7-26 complaint filed with the commission relating to a license holder.
7-27 If a written complaint is filed with the commission relating to a
8-1 license holder, the commission, at least quarterly until final
8-2 disposition of the complaint, shall notify the parties to the
8-3 complaint of the status of the complaint, unless the notice would
8-4 jeopardize an undercover investigation.
8-5 Sec. 19. APPEAL. (a) A person dissatisfied with an action
8-6 of the commission may appeal the action by filing a petition in a
8-7 district court of Travis County not later than the 30th day after
8-8 the date of the action. The court shall set the matter for hearing
8-9 not earlier than 10 days after the date written notice of the
8-10 appeal is given to the commission and the commission's attorney.
8-11 Judicial review of an action of the commission is under the
8-12 substantial evidence rule.
8-13 (b) The court may order an action of the commission
8-14 suspended pending hearing. The order takes effect when it is
8-15 served on the commission. The commission shall provide its
8-16 attorney a copy of the petition and order.
8-17 (c) The attorney general, the district or county attorney,
8-18 or an assistant of one of these persons shall represent the
8-19 commission in the appeal.
8-20 Sec. 20. SPECIAL FUND. (a) The bail enforcement agent
8-21 standards and education fund is a special fund in the state
8-22 treasury. Money in the fund may be used only by the commission to
8-23 administer this article and perform other duties established by
8-24 law.
8-25 (b) Sections 403.094 and 403.095, Government Code, do not
8-26 apply to the bail enforcement agent standards and education fund.
8-27 Sec. 21. COURT COSTS. (a) A person required to post any
9-1 type of bond in a criminal case shall pay on conviction as court
9-2 costs $1 in addition to other taxable court costs. These
9-3 additional court costs shall be collected and remitted to the state
9-4 in the same manner that other court costs in the case are collected
9-5 and remitted to the state.
9-6 (b) The funds collected under this section shall be
9-7 deposited in the state treasury to the credit of the bail
9-8 enforcement agent standards and education fund.
9-9 Sec. 22. AUDITS. Money collected under this article is
9-10 subject to audit by the comptroller. Money expended under this
9-11 article is subject to audit by the state auditor. Money collected
9-12 or expended under this article is subject to audit by the
9-13 governor's division of planning coordination.
9-14 SECTION 2. Subchapter F, Chapter 411, Government Code, is
9-15 amended by adding Section 411.1195 to read as follows:
9-16 Sec. 411.1195. ACCESS TO CRIMINAL HISTORY RECORD
9-17 INFORMATION; COMMISSION ON BAIL ENFORCEMENT AGENT STANDARDS AND
9-18 EDUCATION. The Commission on Bail Enforcement Agent Standards and
9-19 Education is entitled to obtain from the department criminal
9-20 history record information maintained by the department that
9-21 relates to a person who is an applicant for a license as a bail
9-22 enforcement agent under Article 4413(29dd), Revised Statutes.
9-23 SECTION 3. Chapter 2, Code of Criminal Procedure, is amended
9-24 by adding Article 2.124 to read as follows:
9-25 Art. 2.124. BAIL ENFORCEMENT AGENTS. (a) The director of
9-26 the Department of Public Safety, a chief of police, or a sheriff
9-27 may employ a bail enforcement agent licensed under Article
10-1 4413(29dd), Revised Statutes, to aid the state, municipality, or
10-2 county in the execution of warrants.
10-3 (b) The director, chief of police, or sheriff shall issue
10-4 the bail enforcement agent a certificate of authority to execute
10-5 one or more warrants. For good cause, the director, chief of
10-6 police, or sheriff may revoke a certificate of authority issued
10-7 under this subsection.
10-8 (c) A bail enforcement agent is entitled to a fee of not
10-9 less than $50 for each warrant executed by the agent. Other terms
10-10 of compensation or employment may be established by agreement.
10-11 (d) A licensed bail enforcement agent employed under
10-12 Subsection (a) has jurisdiction throughout the state, unless the
10-13 certificate of authority provides otherwise.
10-14 (e) On request of a bail enforcement agent, a sheriff or
10-15 chief of police shall place in a county or municipal jail a person
10-16 lawfully arrested by the agent.
10-17 (f) On request of a bail enforcement agent acting under a
10-18 certificate of authority issued under this article, a law
10-19 enforcement agency shall provide the agent with any assistance or
10-20 resources necessary for the performance of the agent's duties,
10-21 including access to criminal history record information or other
10-22 information.
10-23 (g) A bail enforcement agent licensed under Article
10-24 4413(29dd), Revised Statutes, is a peace officer if the agent is
10-25 employed under Subsection (a). A bail enforcement agent is not
10-26 entitled to state compensation and retirement benefits normally
10-27 provided by the state to a peace officer.
11-1 SECTION 4. (a) Notwithstanding Section 4, Article
11-2 4413(29dd), Revised Statutes, as added by this Act, not later than
11-3 December 31, 1995, the governor shall make the initial appointments
11-4 to the Commission on Bail Enforcement Agent Standards and Education
11-5 as follows:
11-6 (1) one public member who shall serve until February
11-7 1, 1997;
11-8 (2) one bail enforcement agent member who shall serve
11-9 until February 1, 1999; and
11-10 (3) one bail enforcement agent member who shall serve
11-11 until February 1, 2001.
11-12 (b) If a person actively engaged in the practice of bail
11-13 enforcement consistent with applicable law on January 1, 1996,
11-14 submits an application to the Commission on Bail Enforcement Agent
11-15 Standards and Education before September 1, 1997, and complies with
11-16 requirements of Sections 16(a)(1), (2), and (3), Article
11-17 4413(29dd), Revised Statutes, as added by this Act, the person is
11-18 entitled to receive a license as a bail enforcement agent without
11-19 examination.
11-20 (c) Notwithstanding Section 4, Article 4413(29dd), Revised
11-21 Statutes, as added by this Act, a bail enforcement agent member of
11-22 the Commission on Bail Enforcement Agent Standards and Education is
11-23 not required to be licensed before January 1, 1997.
11-24 SECTION 5. This Act takes effect September 1, 1995.
11-25 SECTION 6. The importance of this legislation and the
11-26 crowded condition of the calendars in both houses create an
11-27 emergency and an imperative public necessity that the
12-1 constitutional rule requiring bills to be read on three several
12-2 days in each house be suspended, and this rule is hereby suspended.