By Place H.B. No. 2418
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to bail, the forfeiture of bail, and the licensing and
1-3 regulation of bail bondsmen.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, 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. 3. Licensing and Educational Requirements; <Requirement
1-9 and> Eligibility. (a) Except as provided by Subsection (g) of
1-10 this section, the <The> provisions of this Act apply only to the
1-11 execution of bail bonds in counties having a population of more
1-12 than 110,000 according to the last federal census or in counties of
1-13 less than 110,000 where a board has been created. The creation of
1-14 the board is within the discretion of a majority of the officers of
1-15 the county who would be members of, or who would designate members
1-16 of, the board as provided under Section 5 <Subsection (b)> of this
1-17 Act <section>.
1-18 (b) No <(a) In a county that has a board, no> person may
1-19 act as a surety on a bail bond for compensation <bondsman> except:
1-20 (1) persons licensed under this Act; or<, and>
1-21 (2) persons licensed to practice law in this state who
1-22 meet the requirements set forth in Subsection (f) <(e) of Section
1-23 3> of this section <Act>.
1-24 (c) An <(b) No> individual is not eligible for a license
2-1 under this Act unless the individual:
2-2 (1) is a resident of this state and a citizen of the
2-3 United States;
2-4 (2) is at least 21 <18> years of age;
2-5 (3) possesses sufficient financial resources to
2-6 provide indemnity against loss on such obligations as he may
2-7 undertake as required by Section 6 of this Act;
2-8 (4) is not personally or is not married to:
2-9 (A) a peace officer;
2-10 (B) a jailer;
2-11 (C) an employee of a law enforcement agency;
2-12 (D) a judicial officer;
2-13 (E) a court employee; or
2-14 (F) an employee of any similar or related
2-15 agency;
2-16 (5) possesses a high school diploma or general
2-17 education degree; and
2-18 (6) has successfully completed 20 hours of training in
2-19 classes that meet the continuing education requirements imposed
2-20 under Section 3A of this Act <Article>.
2-21 (d) <(c)> No person shall be eligible for a license under
2-22 this Act, who after the effective date of this Act, commits an
2-23 offense for which he is finally convicted, such offense being a
2-24 felony or misdemeanor involving moral turpitude.
2-25 (e) <(d)> No corporation is eligible to be licensed unless:
2-26 (1) it is chartered or admitted to do business in this
2-27 state; and
3-1 (2) it is qualified to write fidelity, guaranty and
3-2 surety bonds under the Texas Insurance Code, as amended.
3-3 (f) <(e)> Persons licensed to practice law in this state may
3-4 execute bail bonds or act as sureties for persons they actually
3-5 represent in criminal cases without being licensed under this Act,
3-6 but they are prohibited from engaging in the practices made the
3-7 basis for revocation of license under this Act and if found by the
3-8 board in counties that have a board or otherwise by the sheriff to
3-9 have violated any term of this Act, may not qualify thereafter
3-10 under the exception provided in this subsection unless and until
3-11 they come into compliance with those practices made the basis of
3-12 revocation under this Act. Notwithstanding any other provision of
3-13 this subsection, no person licensed to practice law shall be
3-14 relieved of liability on a bail bond he has executed for the sole
3-15 reason that he has not been employed to represent the principal on
3-16 the merits of the case if he has been paid a fee for the execution
3-17 of the bail bond. In counties having a population of more than
3-18 110,000 persons according to the last federal census a person who
3-19 is licensed to practice law must deposit security in the form of
3-20 cash, cashier's checks, or certificates of deposit with the board
3-21 to secure such bonds in the same ratios, manner, and amount as
3-22 required of licensees in the county except that the minimum amount
3-23 of security pledged must be at least $10,000.
3-24 (g) In a county that does not have a board, the sheriff may
3-25 issue or renew a license only to a person who meets the
3-26 requirements imposed under Subsections (c), (d), and (e) of this
3-27 section and Section 3A of this Act. The sheriff may set uniform
4-1 rules for bondsmen in that county. The other provisions of this
4-2 Act do not apply in that county.
4-3 SECTION 2. Chapter 550, Acts of the 63rd Legislature,
4-4 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
4-5 Statutes), is amended by adding Sections 3A and 3B to read as
4-6 follows:
4-7 Sec. 3A. CONTINUING EDUCATION REQUIREMENTS; REGISTRATION.
4-8 (a) Except as provided by Subsection (b) of this section, an
4-9 individual licensed under this Act, or an agent designated by a
4-10 corporation licensed under this Act, who executes bonds must
4-11 annually complete at least eight hours of continuing education
4-12 classes before the anniversary date of the issuance of the license.
4-13 (b) The continuing education requirement imposed under
4-14 Subsection (a) of this section does not apply to a bondsman who is
4-15 70 years of age or older.
4-16 (c) The attorney general shall determine if a continuing
4-17 education program offered under this section is reasonably and
4-18 directly related to the bonding business and shall approve or
4-19 disapprove the program.
4-20 (d) A provider of a continuing education program may be a
4-21 licensed bondsman or an association of licensed bondsmen.
4-22 (e) The attorney general shall approve the fees to be
4-23 charged by a provider of a continuing education program.
4-24 (f) A program provider shall give an individual who
4-25 completes the program a certificate of attendance that specifies
4-26 the name of the individual, his or her social security number, and
4-27 the number of continuing education hours earned through attendance
5-1 at the program and file a copy of each certificate with the
5-2 attorney general.
5-3 (g) Each individual who desires to take continuing education
5-4 programs under this section must register with the attorney general
5-5 and pay an annual $50 registration fee. The attorney general shall
5-6 issue a registration card to each individual who registers and pays
5-7 the required fee. A registration card issued under this subsection
5-8 expires on December 31 of each year. The attorney general shall
5-9 annually publish a list of the persons who are registered under
5-10 this section.
5-11 Sec. 3B. IDENTIFICATION CARD. (a) Each individual employed
5-12 by or contracting with a bondsman to provide a service that
5-13 facilitates the execution of a specific bond or requires contact
5-14 with the general public, other than a telephone answering service
5-15 or the person designated under Section 7(c) of this Act as an agent
5-16 of a corporate bondsman, must hold an identification card issued by
5-17 the board.
5-18 (b) An application for an identification card must:
5-19 (1) be filed with the board on a form prescribed by
5-20 the board;
5-21 (2) contain the name, address, and date of birth of
5-22 the applicant; and
5-23 (3) be accompanied by a $25 application fee.
5-24 (c) An identification card may not be issued to an
5-25 individual who:
5-26 (1) is personally or is married to:
5-27 (A) a peace officer;
6-1 (B) a jailer;
6-2 (C) an employee of a law enforcement agency;
6-3 (D) a judicial officer;
6-4 (E) a court employee; or
6-5 (F) an employee of any similar or related
6-6 agency; or
6-7 (2) has been found guilty of any felony or of a
6-8 misdemeanor involving moral turpitude other than a Class C
6-9 misdemeanor in the 10 years preceding the date of the application
6-10 or any felony committed in the course of engaging in any phase of
6-11 the bail bond business.
6-12 (d) The sheriff shall verify the information contained in
6-13 the application and the criminal history of the applicant. The
6-14 board shall issue an identification card to a qualified applicant.
6-15 (e) A board or sheriff in counties where there is no board
6-16 may provide for the issuance of more than one identification card
6-17 if each licensee signs a request for the issuance of the cards and
6-18 agrees to be jointly responsible for the cardholder. If a card is
6-19 revoked or suspended by the board for a violation of this Act, all
6-20 cards issued to that individual are revoked or suspended.
6-21 (f) For the purposes of Sections 9, 10, 11, and 15 of this
6-22 Act:
6-23 (1) "bondsman" or "licensee" includes a person who
6-24 holds an identification card issued under this section; and
6-25 (2) "license" includes an identification card issued
6-26 under this section.
6-27 SECTION 3. Section 5(b), Chapter 550, Acts of the 63rd
7-1 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
7-2 Civil Statutes), is amended to read as follows:
7-3 (b) The County Bail Bond Board shall be composed of the
7-4 following persons:
7-5 (1) the county sheriff or a designee from his office
7-6 who may be his administrator or a deputy sheriff of the rank of
7-7 sergeant or greater;
7-8 (2) a district judge of the county having jurisdiction
7-9 over criminal matters designated by the presiding judge of the
7-10 administrative judicial district;
7-11 (3) the county judge or a member of the commissioners
7-12 court designated by the county judge, or a designee approved by the
7-13 commissioners court;
7-14 (4) a judge of a county court or a county court at law
7-15 in the county having jurisdiction over criminal matters designated
7-16 by the commissioners court;
7-17 (5) the district attorney or his designee if that
7-18 person is an assistant district attorney;
7-19 (6) a licensed bondsman, licensed in the county,
7-20 elected by other county licensees;
7-21 (7) a justice of the peace or a person who is on the
7-22 staff of the justices of the peace and who is also an attorney
7-23 designated by:
7-24 (A) the presiding judge of the justices of the
7-25 peace in the county, if a presiding judge is provided by law; or
7-26 (B) a majority of the justices of the peace in
7-27 the county;
8-1 (8) the district clerk or his designee;
8-2 (9) the county clerk or a designee from his office,
8-3 except in those counties where the county clerk has no criminal
8-4 matters jurisdiction;
8-5 (10) <the board may appoint a presiding judge of a
8-6 municipal court located within the county;>
8-7 <(11)> the presiding municipal judge of the principal
8-8 city in a county in which the principal city designates a presiding
8-9 judge in its municipal court system; and
8-10 (11) <(12)> the county treasurer or the treasurer's
8-11 designee except in those counties that have no county treasurer, in
8-12 which case the county commissioners court may designate the person
8-13 who carries out the duties of the county treasurer to serve on the
8-14 board.
8-15 SECTION 4. Sections 6(a)-(f), Chapter 550, Acts of the 63rd
8-16 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
8-17 Civil Statutes), are amended to read as follows:
8-18 (a) Any person desiring to act as a bondsman in any court of
8-19 the county shall file with the County Bail Bond Board a sworn
8-20 application for a license. The application shall be in such form
8-21 and shall contain such information as the board may prescribe
8-22 including the following:
8-23 (1) The name, age, and address of the applicant, and
8-24 if the applicant is a <surety> corporation, <and> whether it is
8-25 chartered or admitted to do business in the state and qualified to
8-26 write fidelity, guaranty, and surety bonds under the Texas
8-27 Insurance Code<, as amended>;
9-1 (2) The name under which the applicant will conduct
9-2 business <shall be conducted>;
9-3 (3) The name of the place or places, including street
9-4 address and city, wherein the business is to be conducted.
9-5 (4) A sworn statement from the applicant listing any
9-6 nonexempt real estate owned by the applicant and located in the
9-7 county in which the applicant seeks licensing that the applicant
9-8 intends to convey in trust to the board to secure payment of any
9-9 obligations incurred by the applicant in the bonding business if
9-10 the license is granted. The following shall be included for each
9-11 parcel listed:
9-12 (A) a legal description equivalent to the
9-13 description required to convey the property by general warranty
9-14 deed;
9-15 (B) current statements from each taxing unit
9-16 with power to assess or collect taxes against the property
9-17 indicating that there are no unpaid taxes, no outstanding tax liens
9-18 against the property, and <indicating> the taxable <net> value of
9-19 the property <according to the current appraisal made by a real
9-20 estate appraiser who is a member in good standing of a nationally
9-21 recognized professional appraiser society or trade organization
9-22 that has an established code of ethics, educational program, and
9-23 professional certification program, accompanied by a statement from
9-24 the applicant agreeing to keep all taxes paid on the property while
9-25 it remains in trust>;
9-26 (C) a sworn statement from the applicant
9-27 agreeing to pay all taxes assessed against the property on or
10-1 before the date the taxes become delinquent while the property
10-2 remains in trust;
10-3 (D) <(C)> a sworn statement from <of> the
10-4 applicant agreeing <that he will> not to <further> encumber the
10-5 property after conveying it in trust to the County Bail Bond Board,
10-6 without notifying and obtaining the permission of the board;
10-7 (E) a sworn statement from the applicant
10-8 agreeing to purchase, and maintain as long as the property remains
10-9 in trust, an insurance policy, issued by an insurance company
10-10 authorized to write hazard insurance in this state, naming the
10-11 board as a co-payee in case of loss, insuring the improvements on
10-12 the property in an amount equal to or greater than the value of the
10-13 improvements indicated on the tax statements submitted pursuant to
10-14 Subsection (a)(4)(B) of this section against damage or destruction
10-15 <(D) an agreement to insure and keep current the
10-16 insurance on any improvements on the property against any damage or
10-17 destruction while the property remains in trust, in the full amount
10-18 of the value claimed for the improvements>;
10-19 (F) a sworn statement from the applicant
10-20 agreeing to purchase, for the benefit of the board, a mortgagee's
10-21 title insurance policy, issued by a title insurance company
10-22 authorized to write title insurance policies in this state, in an
10-23 amount equal to or greater than the total taxable value of the
10-24 property as indicated on the tax statements submitted pursuant to
10-25 Subsection (a)(4)(B) of this section, insuring title to the
10-26 property to the board is free and clear of any liens except taxes
10-27 which are not then due and payable or liens which are in all
11-1 respects subordinate to the lien of the board;
11-2 <(E) a statement indicating whether the
11-3 applicant is married and, if so, a sworn statement from the spouse
11-4 agreeing to transfer to the board, as a part of the trust, any
11-5 right, title, or interest that the spouse may have in the property;
11-6 and the spouse must execute the deeds of trust to any community
11-7 property placed in the security deposit required under this
11-8 section;>
11-9 (5) A statement indicating the amount of cash or cash
11-10 value of any certificate of deposit or cashier's checks which the
11-11 applicant intends to place on deposit with the county treasurer to
11-12 secure payment of any obligations incurred by the applicant in the
11-13 bonding business if the license is granted;
11-14 (6) A sworn statement from the applicant indicating
11-15 the applicant's marital status and whether the security to be
11-16 deposited and/or placed in trust is separate or community property.
11-17 If the security is community property, a statement indicating
11-18 whether it is under the sole management of the applicant or joint
11-19 management with the applicant's spouse. If the applicant is
11-20 married and regardless of the status of the property, the
11-21 application shall include a sworn statement from the applicant's
11-22 spouse transferring to the board any right, title, or interest that
11-23 the spouse may have in the security being deposited and/or placed
11-24 in trust; and the spouse must also execute the deeds of trust to
11-25 any property placed in trust under this Act;
11-26 (7) <(6)> A complete, sworn financial statement;
11-27 (8) <(7)> A declaration by the applicant that he will
12-1 comply with this Act and the rules prescribed by the board.
12-2 (b)(1) The application of an individual for a license under
12-3 this Act shall be accompanied by letters of recommendation from
12-4 three reputable persons who have known the applicant for a period
12-5 of at least three years. The application of a corporation for a
12-6 license under this Act shall be accompanied by letters of
12-7 recommendation for the agent designated in the corporation's
12-8 application from three reputable persons who have known the agent
12-9 for a period of at least three years. <If the applicant is a
12-10 corporation, the letters shall be required for the person to be in
12-11 charge of its business in the county.> Each letter shall recommend
12-12 the applicant or agent <person who will be in charge of its
12-13 business> as having a reputation of honesty, truthfulness, fair
12-14 dealing, and competency and shall recommend that the license be
12-15 granted<. If the applicant or the person to be in charge of its
12-16 business has been licensed under this Act in another county, the
12-17 application shall be accompanied by a letter from each appropriate
12-18 board stating whether or not the applicant is in good standing in
12-19 the county where he is licensed>.
12-20 (2) If the applicant currently is or has been licensed
12-21 under this Act, the application shall be accompanied by a letter
12-22 from the board of every county where the applicant is or has been
12-23 licensed stating whether or not the applicant is in good standing.
12-24 If the applicant is a corporation and the agent designated in the
12-25 corporation's application currently is or has been personally
12-26 licensed under this Act, the application shall also be accompanied
12-27 by a letter from the board of every county where the agent is or
13-1 has been licensed stating whether or not the agent is in good
13-2 standing.
13-3 (c) The application shall be accompanied by a fee of $500
13-4 for the filing of any original application, a photograph of the
13-5 applicant, if an individual, or if a corporation, the agent named
13-6 in its application, and a set of fingerprints of the applicant or
13-7 agent taken by a law enforcement officer designated by the board.
13-8 (d) Prior to a hearing on the application, the board or its
13-9 authorized representatives shall conduct necessary inquiries to
13-10 determine the truthfulness of statements contained in the
13-11 application and whether the applicant possesses the financial
13-12 responsibility and meets other requirements of this Act.
13-13 (e) A hearing shall be held on the application after the
13-14 board conducts the inquiries required by Subsection (d) of this
13-15 section. The board may submit any questions to the applicant and
13-16 the applicant's agents relevant to its ruling on the application,
13-17 and the applicant is entitled to present oral and documentary
13-18 evidence to the board. If, after the hearing, the board is
13-19 satisfied that no grounds exist on which to refuse the application,
13-20 the board shall enter an order tentatively approving the
13-21 application subject to the application being perfected by the
13-22 filing of the security deposits required of licensees under this
13-23 Act. If the board is not so satisfied, it shall enter an order
13-24 refusing the license.
13-25 (f) Within 10 days or such time as the board prescribes,
13-26 whichever is longer, after <Upon> notice from the board that the
13-27 application has been tentatively approved, the applicant shall
14-1 <then>:
14-2 (1) deposit with the county treasurer of the county in
14-3 which the license is to be issued a cashier's check, certificate of
14-4 deposit, or cash, <or cash equivalent> in the amount indicated by
14-5 the applicant pursuant to Subsection (a)(5) of this section,
14-6 <under Subdivision (5) of Subsection (a) of Section 6 of this Act>
14-7 but in no event shall the amount deposited be less than $50,000,
14-8 except in counties with populations of less than 110,000 <250,000>
14-9 persons by the most recent federal census, where the minimum
14-10 deposit amount <the amount for applicants in said counties> shall
14-11 be $10,000, to be held in a special fund to be called the bail
14-12 security fund; or
14-13 (2)(A) deliver <execute in trust> to the board an
14-14 executed deed of trust for each <deeds to the> property listed by
14-15 the applicant under <Subdivision (4) of> Subsection (a)(6) <(a)> of
14-16 <Section 6 of> this section. For purposes of this Act, the <Act,
14-17 which> property shall be valued in the amount indicated on the
14-18 taxing unit statements filed pursuant to Subsection (a)(4)(B) of
14-19 this section, and at least one parcel of property shall have a
14-20 taxable value of at least $50,000 <an appraisal by a real estate
14-21 appraiser who is a member in good standing of a nationally
14-22 recognized professional appraiser society or trade organization
14-23 that has an established code of ethics, educational program, and
14-24 professional certification program, but in no event less than
14-25 $50,000 valuation>, except in counties with populations of less
14-26 than 110,000 <250,000> persons by the most recent federal census,
14-27 where at least one parcel of property shall have a taxable value of
15-1 at least $10,000 <the amount for applicants in said counties shall
15-2 be $10,000>, the condition of the trust being that the property may
15-3 be sold to satisfy any final judgment forfeitures that may be made
15-4 in bonds on which the licensee is surety after such notice and upon
15-5 such conditions as are required by the Code of Criminal Procedure<,
15-6 1965, as amended,> in bonds forfeiture cases; the board shall file
15-7 the deeds of trust in the records of each county in which the
15-8 property is located, and the applicant shall pay the filing fees;
15-9 and
15-10 (B) deliver to the board an insurance policy,
15-11 issued by an insurance company authorized to write hazard insurance
15-12 in this state, valid for at least a one-year period, naming the
15-13 board as a copayee in case of loss, insuring the improvements on
15-14 the property against damage or destruction in an amount equal to or
15-15 greater than the value of the improvements indicated on the tax
15-16 statements submitted pursuant to Subsection (a)(4)(B) of this
15-17 section. The licensee shall maintain this policy in full force and
15-18 effect while the property remains in trust and shall deliver to the
15-19 board a copy of the policy annually; and
15-20 (C) deliver to the board a mortgagee's title
15-21 insurance policy, issued by a title insurance company authorized to
15-22 write title insurance policies in this state insuring title to the
15-23 property to the board to be free and clear of any liens except
15-24 taxes which are not then due and payable or liens which are in all
15-25 respects subordinate to the lien of the board in the amount of the
15-26 tax value of the property.
15-27 (3) Failure to comply with this subsection within the
16-1 provided time shall result in the automatic revocation of the
16-2 license without any action by the board <if the license is a
16-3 corporation, it shall furnish to the sheriff an irrevocable letter
16-4 of credit as a cash equivalent to satisfy any final judgment of
16-5 forfeiture that may be made on any bonds on which the corporate
16-6 licensee is surety>.
16-7 (4) Notwithstanding any provision of this Act to the
16-8 contrary, each licensee shall have a minimum of $10,000 in cash or
16-9 certificates of deposit in his bail security fund.
16-10 (5) Notwithstanding any provision of this Act to the
16-11 contrary, a licensee must have on deposit security in the form of
16-12 cash, cashier's check, or certificates of deposit in an amount that
16-13 is at least 30 percent of the value of security pledged by a
16-14 licensee in the form of real property.
16-15 SECTION 5. Article 17.03(b), Code of Criminal Procedure, is
16-16 amended to read as follows:
16-17 (b) Only the court before whom the case is pending may
16-18 release on personal bond a defendant who:
16-19 (1) is charged with an offense under the following
16-20 sections of the Penal Code:
16-21 (A) Section 19.03 (Capital Murder);
16-22 (B) Section 20.04 (Aggravated Kidnapping);
16-23 (C) Section 22.021 (Aggravated Sexual Assault);
16-24 (D) Section 22.03 (Deadly Assault on Law
16-25 Enforcement or Corrections Officer, Member or Employee of Board of
16-26 Pardons and Paroles, or Court Participant);
16-27 (E) Section 22.04 (Injury to a Child or an
17-1 Elderly Individual);
17-2 (F) Section 29.03 (Aggravated Robbery);
17-3 (G) Section 30.02 (Burglary); or
17-4 (H) Section 71.02 (Engaging in Organized
17-5 Criminal Activity); or
17-6 (2) is charged with a felony and has been convicted of
17-7 a felony within the preceding 10-year period prior to release <is
17-8 charged with an aggravated felony under Chapter 481, Health and
17-9 Safety Code, or Section 485.033, Health and Safety Code>; or
17-10 (3) is charged with a felony and does not submit to
17-11 testing for the presence of a controlled substance in the
17-12 defendant's body as requested by the court or magistrate under
17-13 Subsection (c) of this article or submits to testing and the test
17-14 shows evidence of the presence of a controlled substance in the
17-15 defendant's body.
17-16 SECTION 6. Chapter 17, Code of Criminal Procedure, is
17-17 amended by adding Article 17.085 to read as follows:
17-18 Art. 17.085. MORE THAN ONE BAIL BOND MAY BE GIVEN TO PROVIDE
17-19 BAIL IN CERTAIN CASES. Wherever in this chapter any person is
17-20 required to give bail of $100,000 or more, such bail may be given
17-21 by such principal and any person or persons authorized by law to
17-22 act as surety by executing one or more bail bonds in the minimum
17-23 amount of $50,000, which in the aggregate total the amount of bail
17-24 set, provided that all of the bonds are presented at the same time
17-25 for approval and that no person may be a surety on more than one
17-26 bond presented for approval.
17-27 SECTION 7. Chapter 22, Code of Criminal Procedure, is
18-1 amended by adding Article 22.121 to read as follows:
18-2 Art. 22.121. CONTINUANCE TO APPREHEND PRINCIPAL. A court
18-3 may continue a bond forfeiture proceeding if the court is presented
18-4 a motion for continuance by the surety on a bail bond that contains
18-5 a sworn affidavit setting out facts sufficient to show that the
18-6 surety is making a diligent effort to return the defendant to
18-7 custody.
18-8 SECTION 8. Article 22.16, Code of Criminal Procedure, is
18-9 amended to read as follows:
18-10 Art. 22.16. REMITTITUR AFTER FORFEITURE AND BEFORE JUDGMENT
18-11 OF FORFEITURE BECOMES FINAL. (a) After forfeiture of a bond and
18-12 before the expiration of 30 days after the trial court signs a
18-13 final judgment in the case if no motion for new trial is filed, or
18-14 if a motion for new trial is filed, before the motion for new trial
18-15 is overruled by order of the trial court or by operation of law
18-16 <the expiration of the time limits set by Subsection (c) of this
18-17 article>, the court may <shall>, on sworn written motion, remit to
18-18 the surety an <the> amount determined by the court <of the bond>
18-19 after deducting the costs of court, any reasonable costs to the
18-20 county for the return of the principal, and the interest accrued on
18-21 the bond amount as provided by Subsection (d) <(e)> of this article
18-22 if:
18-23 (1) the principal is incarcerated in the county in
18-24 which the prosecution is pending;
18-25 (2) the principal is incarcerated in another
18-26 jurisdiction and the incarceration is verified as provided by
18-27 Subsection (b) of this article;
19-1 (3) the principal is released on new bail in the case;
19-2 (4) the principal is deceased; <or>
19-3 (5) the case for which bond was given is dismissed;
19-4 (6) the proper authorities refuse to extradite the
19-5 principal on the bond to the county in which the declaration of
19-6 forfeiture is pending after a request by the surety for extradition
19-7 and a written acknowledgement of the surety's liability for the
19-8 costs of the extradition; or
19-9 (7) the case for which the bond was given was disposed
19-10 of by a finding of guilty and the principal was placed into
19-11 custody, the case was disposed of by a finding of not guilty, or
19-12 the principal was granted community supervision after being
19-13 convicted or receiving deferred adjudication.
19-14 (b) For the purposes of Subsection (a)(2) of this article, a
19-15 surety may request confirmation of the incarceration of his
19-16 principal by written request to the law enforcement agency of the
19-17 county where the prosecution was or is pending. A law enforcement
19-18 agency in this state that receives a request for verification
19-19 shall, not later than the 30th day after the date on which it
19-20 receives the request, notify the court in which the prosecution is
19-21 or was pending and the surety whether or not the principal is or
19-22 has been incarcerated in another jurisdiction and the date of the
19-23 incarceration. A surety that requests confirmation shall pay a fee
19-24 of $10 for a confirmation from a jurisdiction in this state and the
19-25 greater of $25 or the actual cost to the county for a confirmation
19-26 from a jurisdiction outside this state.
19-27 (c) This article does not exonerate the surety on a bond
20-1 until all costs and penalties imposed by this article have been
20-2 paid in full or an agreed judgment has been entered and paid <A
20-3 final judgment may be entered against a bond not earlier than:>
20-4 <(1) nine months after the date the forfeiture was
20-5 entered, if the offense for which the bond was given is a
20-6 misdemeanor; or>
20-7 <(2) 18 months after the date the forfeiture was
20-8 entered, if the offense for which the bond was given is a felony.>
20-9 <(d) After the expiration of the time limits set by
20-10 Subsection (c) of this article and before the entry of a final
20-11 judgment against the bond, the court in its discretion may remit to
20-12 the surety all or part of the amount of the bond after deducting
20-13 the costs of court, any reasonable costs to the county for the
20-14 return of the principal, and the interest accrued on the bond
20-15 amount as provided by Subsection (c) of this article>.
20-16 (d) <(e)> For the purposes of this article, interest accrues
20-17 on the bond amount from the date of forfeiture in the same manner
20-18 and at the same rate as provided for the accrual of prejudgment
20-19 interest in civil cases.
20-20 SECTION 9. (a) The changes in law made by this Act apply to
20-21 a license that is initially issued or renewed after the effective
20-22 date of this Act.
20-23 (b) A bondsman license issued before the effective date of
20-24 this Act is governed by the law in effect on the date that the
20-25 license was issued, and the former law is continued in effect for
20-26 that purpose, until the later of:
20-27 (1) the date of his next renewal of the license; or
21-1 (2) January 1, 1997.
21-2 (c) A person who was not subject to licensing as a bondsman
21-3 before the effective date of this Act must comply with Chapter 550,
21-4 Acts of the 63rd Legislature, Regular Session, 1973 (Article
21-5 2372p-3, Vernon's Texas Civil Statutes), as amended by this Act,
21-6 not later than January 1, 1996.
21-7 SECTION 10. (a) Section 3(c)(4), Chapter 550, Acts of the
21-8 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
21-9 Texas Civil Statutes), as added by this Act, does not apply to a
21-10 person married before the effective date of this Act to a peace
21-11 officer, jailer, employee of a law enforcement agency, judicial
21-12 officer, court employee, or employee of any similar or related
21-13 agency.
21-14 (b) Section 3(c)(5), Chapter 550, Acts of the 63rd
21-15 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
21-16 Civil Statutes), as added by this Act, does not apply to a person
21-17 who:
21-18 (1) holds a license issued under Chapter 550, Acts of
21-19 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
21-20 Vernon's Texas Civil Statutes), before September 1, 1995;
21-21 (2) was previously licensed under Chapter 550, Acts of
21-22 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
21-23 Vernon's Texas Civil Statutes), before September 1, 1995, and whose
21-24 license was never revoked or suspended before the license expired;
21-25 (3) acted as a surety on a bond for compensation in a
21-26 county in which a license was not required before the effective
21-27 date of this Act; or
22-1 (4) was employed by a bondsman before the effective
22-2 date of this Act.
22-3 (c) In this section, the term "person" includes a person
22-4 designated under Section 7(c), Chapter 550, Acts of the 63rd
22-5 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
22-6 Civil Statutes), as an agent of a corporation licensed as a
22-7 bondsman.
22-8 SECTION 11. A bondsman whose license was issued prior to
22-9 September 1, 1995, and who pledged real property as security on or
22-10 before September 1, 1995, does not have to comply with Section
22-11 6(f)(5), Chapter 550, Acts of the 63rd Legislature, Regular
22-12 Session, 1973 (Article 2372p-3, Vernon's Texas Civil Statutes), as
22-13 added by this Act, as to the value of real property pledged on
22-14 September 1, 1995, but shall be governed by the law in effect at
22-15 the time the license was issued and the real property was pledged.
22-16 Any increase after September 1, 1995, in the value of real property
22-17 pledged by a bondsman who was licensed before September 1, 1995,
22-18 shall comply with Section 6(f)(5), Chapter 550, Acts of the 63rd
22-19 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
22-20 Civil Statutes), as added by this Act.
22-21 SECTION 12. Any real property pledged by a bondsman before
22-22 September 1, 1995, and whose license was issued prior to September
22-23 1, 1995, shall be valued by the law or board rule in effect at the
22-24 time the real property was pledged as security and does not have to
22-25 be valued in accordance with the requirements of Section
22-26 6(f)(2)(A), Chapter 550, Acts of the 63rd Legislature, Regular
22-27 Session, 1973 (Article 2372p-3, Vernon's Texas Civil Statutes), as
23-1 added by this Act. Any real property pledged after September 1,
23-2 1995, shall comply with this Act as amended.
23-3 SECTION 13. A bond, or the forfeiture of such a bond, given
23-4 before September 1, 1995, is governed by the law in effect on the
23-5 date that the bond was executed, and the former law is continued in
23-6 effect for that purpose. Bail set and bonds executed on or after
23-7 September 1, 1995, are governed by the Code of Criminal Procedure,
23-8 as amended by this Act.
23-9 SECTION 14. This Act takes effect September 1, 1995.
23-10 SECTION 15. The importance of this legislation and the
23-11 crowded condition of the calendars in both houses create an
23-12 emergency and an imperative public necessity that the
23-13 constitutional rule requiring bills to be read on three several
23-14 days in each house be suspended, and this rule is hereby suspended.