By Place H.B. No. 2418
Substitute the following for H.B. No. 2418:
By Place C.S.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;
1-9 <Requirement> <and> Eligibility. (a) Except as provided by
1-10 Subsection (g) of this section, the <The> provisions of this Act
1-11 apply only to the execution of bail bonds in counties having a
1-12 population of more than 110,000 according to the last federal
1-13 census or in counties of less than 110,000 where a board has been
1-14 created. The creation of the board is within the discretion of a
1-15 majority of the officers of the county who would be members of, or
1-16 who would designate members of, the board as provided under Section
1-17 5 <Subsection (b)> of this 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 <Article>;
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.
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 to
3-21 secure such bonds in the same ratios, manner and amount as required
3-22 of licensees in the county except that the minimum amount of
3-23 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 a 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 (10) 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) the county treasurer or the treasurer's designee
8-11 except in those counties that have no county treasurer, in which
8-12 case the county commissioners court may designate the person who
8-13 carries out the duties of the county treasurer to serve on the
8-14 board.
8-15 SECTION 4. Sections 6, Subsections (a) through (f), Chapter
8-16 550, Acts of the 63rd Legislature, Regular Session, 1973 (Article
8-17 2372p-3, Vernon's Texas Civil Statutes), is amended to read as
8-18 follows:
8-19 (a) Any person desiring to act as a bail bondsman in any
8-20 court of the county shall file with the County Bail Bond Board a
8-21 sworn application for a license. The application shall be in such
8-22 form and shall contain such information as the board may prescribe
8-23 including the following:
8-24 (1) The name, age, and address of the applicant, and
8-25 if the applicant is a <surety> corporation, <and> whether it is
8-26 chartered or admitted to do business in the state and qualified to
8-27 write fidelity, guaranty, and surety bonds under the Texas
9-1 Insurance Code<, as amended>;
9-2 (2) The name under which the applicant will conduct
9-3 business <shall be conducted>;
9-4 (3) The name of the place or places, including street
9-5 address and city, wherein the business is to be conducted.
9-6 (4) A sworn statement from the applicant listing any
9-7 nonexempt real estate owned by the applicant and located in the
9-8 county in which the applicant seeks licensing that the applicant
9-9 intends to convey in trust to the board to secure payment of any
9-10 obligations in the bonding business if the license is granted. The
9-11 following shall be included for each 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 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
9-24 from the> <applicant agreeing to keep all taxes paid on the
9-25 property while> <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 <that he will> agreeing not <further> to 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) <(D)> 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 <an agreement to insure and keep current the insurance on any>
10-16 <improvements on the property against any damage or destruction>
10-17 <while the property remains in truth, in the full amount of the>
10-18 <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>
11-4 <spouse agreeing to transfer to the board, as a part of the>
11-5 <trust, any right, title, or interest that the spouse may have in>
11-6 <the property, and the spouse must execute the deeds of the to any>
11-7 <community property placed in the security deposit required under>
11-8 <this 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 who
12-11 will be in charge of its business in the county.> Each letter
12-12 shall recommend the applicant or agent <person who) (will be in
12-13 charge of its business> as having a reputation of honesty,
12-14 truthfulness, fair dealing, and competency and shall recommend that
12-15 the license be granted. <If the applicant or the) (person to be in
12-16 charge of its business has been or currently is) (licensed under
12-17 this Act in another county, the application shall) (be accompanied
12-18 by a letter from each appropriate board stating) (whether or not
12-19 the applicant is in good standing in the county) (where he is
12-20 licensed.>
12-21 (2) If the applicant currently is or has been licensed
12-22 under this Act, the application shall be accompanied by a letter
12-23 from the board of every county where the applicant is or has been
12-24 licensed stating whether or not the applicant is in good standing.
12-25 If the applicant is a corporation and the agent designated in the
12-26 corporation's application currently is or has been personally
12-27 licensed under this Act, the application shall also be accompanied
13-1 by a letter from the board of every county where the agent is or
13-2 has been licensed stating whether or not the agent is in good
13-3 standing.
13-4 (c) The application shall be accompanied by a fee of $500
13-5 for the filing of any original application, a photograph of the
13-6 applicant, if an individual, or if a corporation, the agent named
13-7 in its application, and set of fingerprints of the applicant or
13-8 agent taken by a law enforcement officer designed by the board.
13-9 (d) Prior to a hearing on the application, the board or its
13-10 authorized representatives shall conduct necessary inquiries to
13-11 determine the truthfulness of statements contained in the
13-12 application and whether the applicant possesses the financial
13-13 responsibility and meets other requirements of this Act.
13-14 (e) A hearing shall be held on the application after the
13-15 board conducts the inquiries required by Subsection (d) of this
13-16 section. The board may submit any questions to the applicant and
13-17 the applicant's agents relevant to its ruling on the application,
13-18 and the applicant is entitled to present oral and documentary
13-19 evidence to the board. If, after the hearing, the board is
13-20 satisfied that no grounds exist on which to refuse the application,
13-21 the board shall enter an order tentatively approving the
13-22 application subject to the application being perfected by the
13-23 filing of the security deposits required of licensees under this
13-24 Act. If the board is not so satisfied, it shall enter an order
13-25 refusing the license.
13-26 (f) Within ten (10) days or such time as the board
13-27 prescribes, whichever is longer, after <Upon> notice from the board
14-1 that the application has been tentatively approved, the applicant
14-2 shall <then>:
14-3 (1) deposit with the county treasurer of the county in
14-4 which the license is to be issued a cashier's check, certificate of
14-5 deposit, or cash, <or each equivalent> in the amount indicated by
14-6 the applicant pursuant to <under> Subsection (a)(5) of this
14-7 section, but in no event shall the amount deposited be less than
14-8 $50,000.00, except in counties with populations of less than
14-9 110,000 <250,000> persons by the most recent federal census, where
14-10 the minimum deposit amount <the amount for applicants in said>
14-11 <counties> shall be $10,000.00, to be held in a special fund to be
14-12 called the bail 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. <Act, which> For purposes of this Act
14-17 the property shall be valued in the amount indicated on the taxing
14-18 unit statements filed pursuant to Subsection (a)(4)(B) of this
14-19 section, <an appraisal by a eal estate appraiser who is a member in
14-20 good standing of a nationally recognized professional appraiser
14-21 society or trade organization that has an establishes code of
14-22 ethics, educational program, and professional certification
14-23 program,> and at least one parcel of property shall have a taxable
14-24 value of at least $50,000.00 <but in no event less> <than $50,000
14-25 valuation>, except in counties with populations of less than
14-26 110,000 <250,000> persons by the most recent federal census, where
14-27 at least one parcel of property shall have a taxable value of at
15-1 least $10.000.00 <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 co-payee 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.
16-3 <(3) If the license is a corporation, it shall
16-4 furnish> <to the sheriff an irrevocable letter of credit as a cash>
16-5 <equivalent to satisfy any final judgment of forfeiture that may>
16-6 <be made on any bonds on which the corporate license is surety.>
16-7 (4) Notwithstanding any provision of this Act to the
16-8 contrary, each licensee shall have a minimum of $10,000.00 in cash
16-9 or 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 an amount that is
16-13 at least thirty percent (30%) 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. Section 1, Chapter 722, Acts of the 59th
17-17 Legislature, Regular Session, 1965 (Article 17, Code of Criminal
17-18 Procedure), is amended by adding the Section 17.085 to read as
17-19 follows:
17-20 Art. 17.085. MORE THAN ONE BAIL BOND MAY BE GIVEN TO PROVIDE
17-21 BAIL IN CERTAIN CASES. Wherever in this Chapter, any person is
17-22 required to give bail of $100,000.00 or more, such bail may be
17-23 given by such principal and any person or persons authorized by law
17-24 to act as surety by executing one or more bail bonds in the minimum
17-25 amount of $50,000, which in the aggregate total the amount of bail
17-26 set, provided that all of the bonds are presented at the same time
17-27 for approval and that no person may be a surety on more than one
18-1 bond presented for approval.
18-2 SECTION 7. Chapter 22, Code of Criminal Procedure, is
18-3 amended by adding Article 22.121 to read as follows:
18-4 Art. 22.121. CONTINUANCE TO APPREHEND PRINCIPAL. A court
18-5 may continue a bond forfeiture proceeding if the court is presented
18-6 a motion for continuance by the surety on a bail bond that contains
18-7 a sworn affidavit setting out facts sufficient to show that the
18-8 surety is making a diligent effort to return the defendant to
18-9 custody.
18-10 SECTION 8. Article 22.16, Code of Criminal Procedure, is
18-11 amended to read as follows:
18-12 Art. 22.16. REMITTITUR AFTER FORFEITURE AND BEFORE JUDGMENT
18-13 OR FORFEITURE BECOMES FINAL. (a) After forfeiture of a bond and
18-14 before the expiration of 30 days after the trial court signs a
18-15 final judgment in the case if no motion for new trial is filed, or
18-16 if a motion for new trial is filed, before the motion for new trial
18-17 is overruled by order of the trial court or by operation of law
18-18 <the expiration of the time limits set by Subsection (c) of this>
18-19 <article>, the court may <shall>, on sworn written motion, remit to
18-20 the surety an <the> amount determined by the court <of the bond>
18-21 after deducting the costs of court, any reasonable costs to the
18-22 county for the return of the principal, and the interest accrued on
18-23 the bond amount as provided by Subsection (d) <(e)> of this article
18-24 if:
18-25 (1) the principal is incarcerated in the county in
18-26 which the prosecution is pending;
18-27 (2) the principal is incarcerated in another
19-1 jurisdiction and the incarceration is verified as provided by
19-2 Subsection (b) of this article;
19-3 (3) the principal is released on new bail in the case;
19-4 (4) the principal is deceased; <or>
19-5 (5) the case for which bond was given is dismissed;
19-6 (6) the proper authorities refuse to extradite the
19-7 principal on the bond to the county in which the declaration of
19-8 forfeiture is pending after a request by the surety for extradition
19-9 and a written acknowledgement of the surety's liability for the
19-10 costs of the extradition; or
19-11 (7) the case for which the bond was given was disposed
19-12 of by a finding of guilty and the principal was placed into
19-13 custody, the case was disposed of by a finding of not guilty, or
19-14 the principal was granted community supervision after being
19-15 convicted or receiving deferred adjudication.
19-16 (b) For the purposes of Subsection (a)(2) of this article, a
19-17 surety may request confirmation of the incarceration of his
19-18 principal by written request to the law enforcement agency of the
19-19 county where the prosecution was or is pending. A law enforcement
19-20 agency in this state that receives a request for verification
19-21 shall, not later than the 30th day after the date on which it
19-22 receives the request, notify the court in which the prosecution is
19-23 or was pending and the surety whether or not the principal is or
19-24 has been incarcerated in another jurisdiction and the date of the
19-25 incarceration. A surety that requests confirmation shall pay a fee
19-26 of $10 for a confirmation from a jurisdiction in this state and the
19-27 greater of $25 or the actual cost to the county for a confirmation
20-1 from a jurisdiction outside this state.
20-2 <(c)> <A final judgment may be entered against a bond not
20-3 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 (c) This article does not exonerate the surety on a bond
20-10 until all costs and penalties imposed by this article have been
20-11 paid in full or an agreed judgment has been entered and paid.
20-12 <(d) After the expiration of the time limits set by
20-13 Subsection (c) of this article and before the entry of a final
20-14 judgment against the bond, the court in its discretion may remit to
20-15 the surety all or part of the amount of the bond after deducting
20-16 the costs of court, any reasonable costs to the county for the
20-17 return of the principal, and the interest accrued on the bond
20-18 amount as provided by Subsection (e) of this article.>
20-19 (d) <(e)> For the purposes of this article, interest accrues
20-20 on the bond amount from the date of forfeiture in the same manner
20-21 and at the same rate as provided for the accrual of prejudgment
20-22 interest in civil cases.
20-23 SECTION 9. (a) The changes in law made by this Act apply to
20-24 a license that is initially issued or renewed after the effective
20-25 date of this Act.
20-26 (b) A bondsman license issued before the effective date of
20-27 this Act is governed by the law in effect on the date that the
21-1 license was issued, and the former law is continued in effect for
21-2 that purpose, until the later of:
21-3 (1) the date of his next renewal of the license; or
21-4 (2) January 1, 1997.
21-5 (c) A person who was not subject to licensing as a bondsman
21-6 before the effective date of this Act must comply with Chapter 550,
21-7 Acts of the 63rd Legislature, Regular Session, 1973 (Article
21-8 2372p-3, Vernon's Texas Civil Statutes), as amended by this Act,
21-9 not later than January 1, 1996.
21-10 SECTION 10. (a) Section 3(c)(4), Chapter 550, Acts of the
21-11 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
21-12 Texas Civil Statutes), as added by this Act, does not apply to a
21-13 person married before the effective date of this Act to a peace
21-14 officer, jailer, employee of a law enforcement agency, judicial
21-15 officer, court employee, or employee of any similar or related
21-16 agency.
21-17 (b) Section 3(c)(5), Chapter 550, Acts of the 63rd
21-18 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
21-19 Civil Statutes), as added by this Act, do not apply to a person
21-20 who:
21-21 (1) holds a license issued 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;
21-24 (2) was previously licensed under Chapter 550, Acts of
21-25 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
21-26 Vernon's Texas Civil Statutes), before September 1, 1995, and whose
21-27 license was never revoked or suspended before the license expired;
22-1 (3) acted as surety on a bond for compensation in a
22-2 county in which a license was not required before the effective
22-3 date of this Act; or
22-4 (4) was employed by a bondsman for before the
22-5 effective date of this Act.
22-6 (c) In this section, the term "person" includes a person
22-7 designated under Section 7(c) of this Act as an agent of a
22-8 corporation licensed as a bondsman.
22-9 SECTION 11. A bondsman whose license was issued prior to
22-10 September 1, 1995 and who pledged real property as security on or
22-11 before September 1, 1995 does not have to comply with Section
22-12 6(f)(5) of this Act as to the value of real property pledged on
22-13 September 1, 1995, but shall be governed by the law in effect at
22-14 the time the license was issued and the real property was pledged.
22-15 Any increase after September 1, 1995 in the value of real property
22-16 pledged by a bondsman who was licensed before September 1, 1995
22-17 shall comply with Section 6(f)(5) of this Act as amended.
22-18 SECTION 12. Any real property pledged by a bondsman before
22-19 September 1, 1995 and whose license was issued prior to September
22-20 1, 1995, shall be valued by the law or board rule in effect at the
22-21 time the real property was pledged as security and does not have to
22-22 be valued in accordance with the requirements of Section 6(f)(2)(A)
22-23 of this Act as amended. Any real property pledged after September
22-24 1, 1995 shall comply with this Act as amended.
22-25 SECTION 13. A bond, or the forfeiture of such a bond, given
22-26 before September 1, 1995, is governed by the law in effect on the
22-27 date that the bond was executed, and the former law is continued in
23-1 effect for that purpose. Bail set and bonds executed on or after
23-2 September 1, 1995, are governed by the Code of Criminal Procedure,
23-3 as amended by this Act.
23-4 SECTION 14. This Act takes effect September 1, 1995.
23-5 SECTION 15. The importance of this legislation and the
23-6 crowded condition of the calendars in both houses create an
23-7 emergency and an imperative public necessity that the
23-8 constitutional rule requiring bills to be read on three several
23-9 days in each house be suspended, and this rule is hereby suspended.