By Harris of Tarrant S.B. No. 140
74R1666 PB-F
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; providing civil and criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3, Chapter 550, Acts of the 63rd
1-7 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-8 Civil Statutes), is amended to read as follows:
1-9 Sec. 3. LICENSING AND EDUCATIONAL REQUIREMENTS; <REQUIREMENT
1-10 AND> ELIGIBILITY. (a) Except as provided by Subsection (g) of
1-11 this section, the <The> provisions of this Act apply only to the
1-12 execution of bail bonds in counties having a population of more
1-13 than 110,000 according to the last federal census or in counties of
1-14 less than 110,000 where a board has been created. <The creation of
1-15 the board is within the discretion of a majority of the officers of
1-16 the county who would be members of, or who would designate members
1-17 of, the board as provided under Subsection (b) of this section.>
1-18 (b) No <(a) In a county that has a board, no> person may
1-19 act as a 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 sheriff to have violated any term of this Act, may not qualify
3-9 thereafter under the exception provided in this subsection unless
3-10 and until they come into compliance with those practices made the
3-11 basis of revocation under this Act. Notwithstanding any other
3-12 provision of this subsection, no person licensed to practice law
3-13 shall be relieved of liability on a bail bond he has executed for
3-14 the sole reason that he has not been employed to represent the
3-15 principal on the merits of the case if he has been paid a fee for
3-16 the execution of the bail bond.
3-17 (g) In a county that does not have a board, the sheriff may
3-18 issue or renew a license only to a person who meets the
3-19 requirements imposed under Subsections (c), (d), and (e) of this
3-20 section and Section 3A of this Act. The sheriff may set uniform
3-21 rules for bondsmen in that county. The other provisions of this
3-22 Act do not apply in that county.
3-23 SECTION 2. Chapter 550, Acts of the 63rd Legislature,
3-24 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
3-25 Statutes), is amended by adding Sections 3A and 3B to read as
3-26 follows:
3-27 Sec. 3A. CONTINUING EDUCATION REQUIREMENTS; REGISTRATION.
4-1 (a) Except as provided by Subsection (b) of this section, an
4-2 individual licensed under this Act who executes bonds must annually
4-3 complete at least eight hours of continuing education classes
4-4 before the anniversary date of the issuance of the license.
4-5 (b) The continuing education requirement imposed under
4-6 Subsection (a) of this section does not apply to a bondsman who:
4-7 (1) is 65 years of age or older; or
4-8 (2) has held a bondsman's license for at least 15
4-9 years before September 1, 1995.
4-10 (c) The attorney general shall determine if a continuing
4-11 education program offered under this section is reasonably and
4-12 directly related to the bonding business and shall approve or
4-13 disapprove the program. The provider of a continuing education
4-14 program shall be the Professional Bondsmen of Texas or an analogous
4-15 statewide association designated by the attorney general. The
4-16 attorney general shall approve the fees to be charged by the
4-17 provider of a continuing education program.
4-18 (d) Each continuing education program must include a course
4-19 designed to train and certify persons who are not peace officers in
4-20 arrest procedures and the execution of arrest warrants.
4-21 (e) Each program provider shall give an individual who
4-22 completes the program a certificate of attendance that specifies
4-23 the name of the individual and the number of continuing education
4-24 hours earned through attendance at the program. A certificate
4-25 issued under this subsection is conclusive proof of attendance by
4-26 the named individual for the number of stated hours of continuing
4-27 education.
5-1 (f) Each individual who desires to take continuing education
5-2 programs under this section must register with the attorney general
5-3 and pay an annual $50 registration fee. The attorney general shall
5-4 issue a registration card to each individual who registers and pays
5-5 the required fee. A registration card issued under this subsection
5-6 expires on December 31 of each year. The attorney general shall
5-7 annually publish a list of the persons who are registered under
5-8 this section.
5-9 Sec. 3B. IDENTIFICATION CARD. (a) Each individual employed
5-10 by or contracting with a bondsman to provide a service that
5-11 facilitates the execution of a specific bond or requires contact
5-12 with the general public, other than a telephone answering service
5-13 or the designated agent of a corporate bondsman, must hold an
5-14 identification card issued by the board.
5-15 (b) An application for an identification card must:
5-16 (1) be filed with the board on a form prescribed by
5-17 the board;
5-18 (2) contain the name, address, and date of birth of
5-19 the applicant; and
5-20 (3) be accompanied by a $25 application fee.
5-21 (c) An identification card may not be issued to an
5-22 individual who:
5-23 (1) is personally or is married to:
5-24 (A) a peace officer;
5-25 (B) a jailer;
5-26 (C) an employee of a law enforcement agency;
5-27 (D) a judicial officer;
6-1 (E) a court employee; or
6-2 (F) an employee of any similar or related
6-3 agency; or
6-4 (2) has been found guilty of any felony or of a
6-5 misdemeanor involving moral turpitude other than a Class C
6-6 misdemeanor in the 15 years preceding the date of the application.
6-7 (d) The sheriff shall verify the information contained in
6-8 the application and the criminal history of the applicant. The
6-9 board shall issue an identification card to a qualified applicant.
6-10 The application is considered a temporary identification card until
6-11 a final determination is made on the application.
6-12 (e) An individual may be issued more than one identification
6-13 card. If a card is revoked or suspended by the board for a
6-14 violation of this Act, all cards issued to that individual are
6-15 revoked or suspended.
6-16 (f) For the purposes of Sections 9, 10, 11, and 15 of this
6-17 Act:
6-18 (1) "bondsman" or "licensee" includes a person who
6-19 holds an identification card issued under this section; and
6-20 (2) "license" includes an identification card issued
6-21 under this section.
6-22 SECTION 3. Section 5, Chapter 550, Acts of the 63rd
6-23 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
6-24 Civil Statutes), is amended by amending Subsections (b) and (f) and
6-25 by adding Subsection (g) to read as follows:
6-26 (b) The County Bail Bond Board shall be composed of the
6-27 following persons:
7-1 (1) the county sheriff or a designee from his office
7-2 who may be his administrator or a deputy sheriff of the rank of
7-3 sergeant or greater;
7-4 (2) a district judge of the county having jurisdiction
7-5 over criminal matters designated by the presiding judge of the
7-6 administrative judicial district;
7-7 (3) the county judge or a member of the commissioners
7-8 court designated by the county judge, or a designee approved by the
7-9 commissioners court;
7-10 (4) a judge of a county court or a county court at law
7-11 in the county having jurisdiction over criminal matters designated
7-12 by the commissioners court;
7-13 (5) the district attorney or his designee if that
7-14 person is an assistant district attorney;
7-15 (6) a licensed bondsman, licensed in the county,
7-16 elected by other county licensees;
7-17 (7) a justice of the peace;
7-18 (8) the district clerk or his designee;
7-19 (9) the county clerk or a designee from his office,
7-20 except in those counties where the county clerk has no criminal
7-21 matters jurisdiction;
7-22 (10) <the board may appoint a presiding judge of a
7-23 municipal court located within the county;>
7-24 <(11)> the presiding municipal judge of the principal
7-25 city in a county in which the principal city designates a presiding
7-26 judge in its municipal court system; and
7-27 (11) <(12)> the county treasurer or the treasurer's
8-1 designee except in those counties that have no county treasurer, in
8-2 which case the county commissioners court may designate the person
8-3 who carries out the duties of the county treasurer to serve on the
8-4 board.
8-5 (f) In addition to the powers and duties given to the County
8-6 Bail Bond Board by this Act, the board has the following powers and
8-7 duties:
8-8 (1) To exercise any powers incidental or necessary to
8-9 the administration of this Act, to supervise and regulate all
8-10 phases of the bonding business and enforce this Act within the
8-11 county, and to prescribe and post any rules necessary to implement
8-12 this Act;
8-13 (2) To conduct hearings and investigations and make
8-14 determinations respecting the issuance, refusal, suspension, or
8-15 revocation of licenses to bondsmen within the provisions of this
8-16 Act and to issue licenses to those applicants who qualify under the
8-17 terms of this Act, to refuse licenses to those applicants who do
8-18 not qualify, and to suspend or revoke the licenses of licensees who
8-19 commit violations under this Act or the rules prescribed by the
8-20 board under this Act;
8-21 (3) To require, by the issuance of subpoenas if
8-22 necessary, applicants, <and> licensees, agents and employees of
8-23 licensees, or any other person who has knowledge of relevant facts
8-24 or documents relating to a matter pending before the board to
8-25 appear before the board, and to administer oaths, examine
8-26 witnesses, and compel by subpoena the production of pertinent
8-27 books, accounts, records, documents, and testimony <by the licensee
9-1 or applicant in its hearings>;
9-2 (4) To cause records and transcripts to be made of all
9-3 its proceedings;
9-4 (5) To maintain records and minutes and otherwise
9-5 operate its office affairs;
9-6 (6) To employ such employees to assist the board in
9-7 its functions as necessary;
9-8 (7) To furnish and post in each court in the county
9-9 having jurisdiction of criminal cases and each local official
9-10 responsible for the detention of prisoners in the county with
9-11 current lists of the bondsmen and their agents licensed and
9-12 approved in the county and to notify immediately each court and
9-13 local official when a bondsman's license is suspended or revoked or
9-14 an agent's authority is rescinded; <and>
9-15 (8) To file reports and furnish information on the
9-16 operation of the bonding business in the county at the request of
9-17 the Texas Judicial Council which shall report annually to the
9-18 governor and the legislature on or before December 1 of each year
9-19 on the operation of the bonding business in the state;
9-20 (9) To dispose of or manage, in a commercially
9-21 reasonable manner, real property deeded to the board;
9-22 (10) To contract with a real estate agent or broker to
9-23 sell real property in accordance with this Act or to rent or manage
9-24 the property pending sale of the property; and
9-25 (11) To authorize an agent or broker to exercise
9-26 rights that the board or county has incident to such a sale or
9-27 management of the property, if the agent or broker insures the
10-1 property pending sale.
10-2 (g) The county may pay a real estate agent or broker a
10-3 reasonable fee for services provided under Subsection (f)(10) of
10-4 this section. The agent shall pay monthly to the county any funds
10-5 realized by the agent on the property.
10-6 SECTION 4. Chapter 550, Acts of the 63rd Legislature,
10-7 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
10-8 Statutes), is amended by adding Section 5A to read as follows:
10-9 Sec. 5A. SUBPOENAS; CIVIL PENALTY. (a) If a witness
10-10 refuses to obey a subpoena or to give evidence to the board
10-11 relevant to a proper inquiry, the board or the person requesting
10-12 the subpoena may petition a district court of the county in which
10-13 the hearing is held to compel the witness to obey the subpoena or
10-14 to give the evidence. The district court shall immediately issue
10-15 process to the witness and shall hold a hearing on the petition as
10-16 soon as practicable.
10-17 (b) If a witness refuses, without reasonable cause or legal
10-18 grounds, to be examined or to give any evidence relevant to proper
10-19 inquiry by the board, the court may punish the witness for
10-20 contempt.
10-21 (c) A person who is a party to a proceeding before the board
10-22 may request the board to issue subpoenas to obtain evidence to
10-23 present to the board. The board shall issue the subpoenas on
10-24 receipt of the request. The district court may hear a dispute over
10-25 a request for the issuance of a subpoena.
10-26 (d) The court may impose a civil penalty not to exceed $500
10-27 against any person or the board for abuse of the subpoena process.
11-1 SECTION 5. Sections 6(a), (f), and (h), Chapter 550, Acts of
11-2 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
11-3 Vernon's Texas Civil Statutes), are amended to read as follows:
11-4 (a) Any person desiring to act as a bondsman in any court of
11-5 the county shall file with the County Bail Bond Board a sworn
11-6 application for a license. The application shall be in such form
11-7 and shall contain such information as the board may prescribe
11-8 including the following:
11-9 (1) The name, age, and address of the applicant, and
11-10 if the applicant is a surety corporation, and whether chartered or
11-11 admitted to do business in this state and qualified to write
11-12 fidelity, guaranty, and surety bonds under the Texas Insurance
11-13 Code, as amended;
11-14 (2) The name under which the business shall be
11-15 conducted;
11-16 (3) The name of the place or places, including street
11-17 address and city, wherein the business is to be conducted;
11-18 (4) A sworn statement listing any nonexempt real
11-19 estate owned by the applicant that the applicant intends to convey
11-20 in trust to the board to secure payment of any obligations incurred
11-21 by the applicant in the bonding business if the license is granted.
11-22 The following shall be included for each parcel listed:
11-23 (A) a legal description equivalent to the
11-24 description required to convey the property by general warranty
11-25 deed;
11-26 (B) current statements from each taxing unit
11-27 with power to assess or collect taxes against the property
12-1 indicating that there are no outstanding tax liens against the
12-2 property and indicating the taxable <net> value of the property
12-3 <according to the current appraisal made by a real estate appraiser
12-4 who is a member in good standing of a nationally recognized
12-5 professional appraiser society or trade organization that has an
12-6 established code of ethics, educational program, and professional
12-7 certification program>, accompanied by a sworn statement from the
12-8 applicant agreeing to keep all taxes paid on the property while it
12-9 remains in trust;
12-10 (C) a sworn statement of the applicant that he
12-11 will not further encumber the property after conveying it in trust
12-12 to the County Bail Bond Board, without notifying and obtaining the
12-13 permission of the board;
12-14 (D) a sworn <an> agreement to insure and keep
12-15 current the insurance on any improvements on the property against
12-16 any damage or destruction while the property remains in trust, in
12-17 the full amount of the value claimed for the improvements; and
12-18 (E) a sworn statement indicating whether the
12-19 applicant is married and, if so, a sworn statement from the spouse
12-20 agreeing to transfer to the board, as a part of the trust, any
12-21 right, title, or interest that the spouse may have in the property;
12-22 and the spouse must execute the deeds of trust to any community
12-23 property placed in the security deposit required under this
12-24 section;
12-25 (5) A statement indicating the amount of cash or cash
12-26 value of any certificate of deposit or cashier's checks which the
12-27 applicant intends to place on deposit with the county treasurer to
13-1 secure payment of any obligations incurred by the applicant in the
13-2 bonding business if the license is granted;
13-3 (6) A complete, sworn financial statement;
13-4 (7) A declaration by the applicant that he will comply
13-5 with this Act and the rules prescribed by the board.
13-6 (f) Upon notice from the board that the application has been
13-7 tentatively approved, the applicant shall then:
13-8 (1) deposit with the county treasurer of the county in
13-9 which the license is to be issued a cashier's check, certificate of
13-10 deposit, cash, or cash equivalent in the amount indicated by the
13-11 applicant under Subdivision (5) of Subsection (a) of Section 6 of
13-12 this Act but in no event less than $50,000 except in counties with
13-13 populations of less than 110,000 <250,000> persons by the most
13-14 recent federal census, the amount for applicants in said counties
13-15 shall be $10,000 to be held in a special fund to be called the bail
13-16 security fund; or
13-17 (2) execute in trust to the board deeds to the
13-18 property listed by the applicant under <Subdivision (4) of>
13-19 Subsection (a)(6) <(a)> of <Section 6 of> this section <Act>, which
13-20 property shall be valued in the amount indicated on the statements
13-21 filed from the taxing unit under Subsection (a)(4)(B) of this
13-22 section <an appraisal by a real estate appraiser who is a member in
13-23 good standing of a nationally recognized professional appraiser
13-24 society or trade organization that has an established code of
13-25 ethics, educational program, and professional certification
13-26 program,> but in no event less than $50,000 valuation, except in
13-27 counties with populations of less than 110,000 <250,000> persons by
14-1 the most recent federal census, the amount for applicants in said
14-2 counties shall be $10,000, the condition of the trust being that
14-3 the property may be sold to satisfy any final judgment forfeitures
14-4 that may be made in bonds on which the licensee is surety after
14-5 such notice and upon such conditions as are required by the Code of
14-6 Criminal Procedure<, 1965, as amended,> in bond forfeiture cases;
14-7 the board shall file the deeds of trust in the records of each
14-8 county in which the property is located, and the applicant shall
14-9 pay the filing fees.
14-10 <(3) If the licensee is a corporation, it shall
14-11 furnish to the sheriff an irrevocable letter of credit as a cash
14-12 equivalent to satisfy any final judgment of forfeiture that may be
14-13 made on any bonds on which the corporate licensee is surety.>
14-14 (h) The cash deposit or the funds realized from the trust
14-15 shall be used to pay the final judgments of any bail forfeitures
14-16 that result from the licensee's execution of a bail bond, if the
14-17 licensee fails to satisfy the judgment within 30 days after a final
14-18 judgment of forfeiture. When any sums are depleted from the
14-19 deposit or trust to pay a judgment resulting from a forfeited bond,
14-20 the licensee shall, as a condition to continuing as a licensee,
14-21 replenish the amount so depleted up to the amount of the required
14-22 minimum deposit to secure other bonds in force. When the licensee
14-23 ceases to engage in the business of executing bail bonds and ceases
14-24 to maintain his license, he may withdraw his security deposit or
14-25 trust upon presentment of a release by the board, if there are no
14-26 judgments or bond liabilities, either actual or potential,
14-27 outstanding against the license. Any portion of the deposit or
15-1 trust not used to pay judgments or to secure unexpired obligations
15-2 on existing bonds in force shall be returned to the licensee or his
15-3 heirs or assigns upon presentment of a release by the board. This
15-4 subsection does not prohibit the release of excess security to a
15-5 licensee on request. For purposes of this subsection, "excess
15-6 security" means the amount of security held that exceeds the amount
15-7 required by this Act.
15-8 SECTION 6. Section 13, Chapter 550, Acts of the 63rd
15-9 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
15-10 Civil Statutes), is repealed.
15-11 SECTION 7. Chapter 550, Acts of the 63rd Legislature,
15-12 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
15-13 Statutes), is amended by adding Section 14B to read as follows:
15-14 Sec. 14B. NO INDEMNIFICATION. A licensee may not require an
15-15 employee to indemnify the licensee for a loss on an obligation on
15-16 which the licensee appears as surety.
15-17 SECTION 8. Section 15, Chapter 550, Acts of the 63rd
15-18 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
15-19 Civil Statutes), is amended to read as follows:
15-20 Sec. 15. ACTS SUBJECT TO CRIMINAL PENALTY. (a) No person
15-21 required to be licensed under this Act may execute a bail bond
15-22 without a license.
15-23 (b) No bondsman or agent of a bondsman may, by any means,
15-24 recommend or suggest to any person whose bail bond has been posted
15-25 the name of any particular attorney or firm of attorneys for
15-26 employment in connection with a criminal offense.
15-27 (c) No person in the bonding business shall, either directly
16-1 or indirectly, give, donate, lend, contribute, or promise to give,
16-2 donate, lend, or contribute any money or property to any attorney,
16-3 police officer, sheriff, or deputy, constable, jailer, or employee
16-4 of a law enforcement agency for the referral of bail bond business.
16-5 (d) No attorney, police officer, constable, or deputy,
16-6 jailer, or employee of a law enforcement agency, judge or employee
16-7 of a court, or public official, or employee of a related agency, or
16-8 any person not shown in the records of the board to be an agent or
16-9 employee of the bondsman may accept or receive from a bondsman any
16-10 money, property, or other thing of value as payment for the
16-11 referral of bail bond business.
16-12 (e) No police officer, sheriff, or deputy, constable,
16-13 jailer, or employee of a law enforcement agency, judge or employee
16-14 of a court, or public official, or employee of a related agency may
16-15 recommend to any person or persons, family of such person or
16-16 persons, friends, relatives, or employer the name of any particular
16-17 bondsman. In all places where prisoners are examined, processed,
16-18 or confined, a list of licensed bondsmen of that county may be
16-19 displayed.
16-20 (f) No bondsman or agent of a bondsman may solicit business
16-21 in a police station, jail, prison, detention facility, or other
16-22 place where persons in the custody of law enforcement officials are
16-23 detained.
16-24 (g) No person may advertise as a bondsman who does not hold
16-25 a valid license under this Act.
16-26 (h) No bondsman or agent of a bondsman may receive money or
16-27 other consideration or thing of value for issuance of a bond or
17-1 undertaking of a surety obligation without issuing a receipt
17-2 indicating the name of the person paying the money or transferring
17-3 the property, the amount received or the estimated value of the
17-4 property received and briefly identifying it, the suit, action, or
17-5 matter for which it is received or is to be applied, and the name
17-6 of the person receiving it. The bondsman or agent shall retain a
17-7 duplicate copy of the receipt which shall be available for
17-8 inspection by representatives of the board of any county in which
17-9 the bondsman is licensed or by the appointed representatives of a
17-10 court in which the bondsman agrees to make bail or undertake other
17-11 surety obligations.
17-12 (i) No person shall falsify any records required to be kept
17-13 under this Act.
17-14 (j) A person may not pay an individual who is not licensed
17-15 under this Act, or who does not hold an identification card issued
17-16 under this Act as an employee or agent of the payor, compensation
17-17 for the referral of specific bond business or share with that
17-18 individual a fee received for the execution of any specific bond.
17-19 (k) A person may not knowingly hide, conceal, fail to
17-20 disclose, or otherwise obscure the true structure, ownership, or
17-21 financial interests represented in a bonding business.
17-22 (l) A person who violates Subsection <(a) or> (g) of this
17-23 section commits an offense. An offense under this subsection is
17-24 <shall be guilty of> a Class C misdemeanor.
17-25 (m) <(k)> A person who violates Subsection (a), (b), (e),
17-26 (f), (h), <or> (i), or (j) of this section commits an offense. An
17-27 offense under this subsection is <shall be guilty of> a Class B
18-1 misdemeanor.
18-2 (n) <(l)> A person who violates Subsection (c), <or> (d), or
18-3 (k) of this section commits an offense. An offense under this
18-4 subsection is <shall be guilty of> a Class A misdemeanor.
18-5 SECTION 9. Chapter 550, Acts of the 63rd Legislature,
18-6 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
18-7 Statutes), is amended by adding Section 16 to read as follows:
18-8 Sec. 16. STANDING IN ACTION CONCERNING BAIL. (a) A person
18-9 licensed under this Act has standing to intervene in an action
18-10 under this Act or another action regarding bail bonds that is
18-11 pending before any board or court in this state, at the person's
18-12 own expense for the purpose of being heard.
18-13 (b) A person licensed under this Act may bring an action to
18-14 enforce this Act in the district court of the county in which:
18-15 (1) the alleged violation occurred; or
18-16 (2) the person is licensed.
18-17 (c) The board of the county in which the action is brought
18-18 shall be served with a copy of the petition by registered,
18-19 certified, or express mail, return receipt requested. The board
18-20 may intervene in the action.
18-21 (d) If the court finds that the action was filed without
18-22 basis in law or fact, the court shall assess attorney's fees and
18-23 costs against the offending party and enter an award in favor of
18-24 the prevailing party.
18-25 SECTION 10. Article 17.03(b), Code of Criminal Procedure, is
18-26 amended to read as follows:
18-27 (b) Only a district <the> court <before whom the case is
19-1 pending> may release on personal bond a defendant who:
19-2 (1) is charged with an offense under the following
19-3 sections of the Penal Code:
19-4 (A) Section 19.03 (Capital Murder);
19-5 (B) Section 20.04 (Aggravated Kidnapping);
19-6 (C) Section 22.021 (Aggravated Sexual Assault);
19-7 (D) <Section 22.03 (Deadly Assault on Law
19-8 Enforcement or Corrections Officer, Member or Employee of Board of
19-9 Pardons and Paroles, or Court Participant);>
19-10 <(E)> Section 22.04 (Injury to a Child or an
19-11 Elderly Individual);
19-12 (E) <(F)> Section 29.03 (Aggravated Robbery);
19-13 (F) <(G)> Section 30.02 (Burglary); or
19-14 (G) <(H)> Section 71.02 (Engaging in Organized
19-15 Criminal Activity);
19-16 (2) is charged with a <an aggravated> felony under
19-17 Chapter 481, Health and Safety Code, punishable by imprisonment for
19-18 a minimum term or by a maximum fine that is more than a minimum
19-19 term or maximum fine for a first degree felony or with an offense
19-20 under Section 485.033, Health and Safety Code; or
19-21 (3) does not submit to testing for the presence of a
19-22 controlled substance in the defendant's body as requested by the
19-23 court or magistrate under Subsection (c) of this article or submits
19-24 to testing and the test shows evidence of the presence of a
19-25 controlled substance in the defendant's body.
19-26 SECTION 11. Article 17.19, Code of Criminal Procedure, is
19-27 amended by amending Subsection (e) and by adding Subsections (f)
20-1 and (g) to read as follows:
20-2 (e) An arrest warrant issued under this article may be
20-3 executed by:
20-4 (1) a peace officer; <,>
20-5 (2) a security officer <,> or <a> private investigator
20-6 licensed in this state;
20-7 (3) a licensed bail bondsman; or
20-8 (4) a licensed agent of a corporation licensed as a
20-9 bail bondsman.
20-10 (f) A person other than a peace officer who executes an
20-11 arrest warrant under this article shall immediately surrender the
20-12 arrested individual to a peace officer or magistrate in the county
20-13 in which the arrest occurs. A peace officer who executes an arrest
20-14 warrant under this article shall immediately surrender the arrested
20-15 individual to a magistrate in the county in which the arrest
20-16 occurs.
20-17 (g) A surety shall pay all necessary and reasonable expenses
20-18 incurred by a sheriff or other peace officer in rearresting or
20-19 processing the principal back into custody not later than the 30th
20-20 day after the date on which notice of the expenses is received.
20-21 Notice is presumed to have been delivered on the fourth day after
20-22 the date of deposit of the notice in the United States mail,
20-23 addressed to the last known address on file with the bail bond
20-24 board.
20-25 SECTION 12. Article 17.46, Code of Criminal Procedure, is
20-26 amended to read as follows:
20-27 Art. 17.46. MISCELLANEOUS CONDITIONS OF RELEASE <FOR A
21-1 DEFENDANT CHARGED WITH STALKING>. (a) A magistrate may require as
21-2 a condition of release on a bail bond that a defendant <charged
21-3 with an offense under Section 42.07(a)(7), Penal Code, may not>:
21-4 (1) not communicate directly or indirectly with the
21-5 victim or with any other person designated by the court; <or>
21-6 (2) not go to or near the residence, place of
21-7 employment, or business of the victim or to or near a school,
21-8 day-care facility, or similar facility where a dependent child of
21-9 the victim is in attendance; and
21-10 (3) comply with specific restrictions imposed on
21-11 travel by the defendant.
21-12 (b) If the magistrate requires the prohibition contained in
21-13 Subsection (a)(2) of this article as a condition of release on a
21-14 bail bond, the magistrate shall specifically describe the
21-15 prohibited locations and the minimum distances, if any, that the
21-16 defendant must maintain from the locations.
21-17 (c) If the magistrate requires the prohibition contained in
21-18 Subsection (a)(3) of this article as a condition of release on a
21-19 bail bond, the magistrate shall specifically describe the
21-20 applicable travel restrictions.
21-21 (d) Costs of conditions imposed on a defendant under this
21-22 chapter may be assessed as court costs or ordered paid directly by
21-23 the defendant as a condition of bond. A financial condition or
21-24 deposit may not be placed on a personal bond, except for the fee
21-25 authorized under Section 4, Article 17.42, of this code and the
21-26 costs authorized by this subsection. A financial condition may not
21-27 be placed on the surety on the bond, except for the forfeiture of
22-1 the penal sum and costs of rearrest on failure of the principal to
22-2 appear when required, subject to remittitur as provided by Article
22-3 22.16 of this code.
22-4 SECTION 13. Chapter 22, Code of Criminal Procedure, is
22-5 amended by adding Article 22.121 to read as follows:
22-6 Art. 22.121. CONTINUANCE TO APPREHEND PRINCIPAL. (a) A
22-7 court shall continue a bond forfeiture proceeding if the court is
22-8 presented a motion for continuance by the surety on a bail bond
22-9 that contains an affidavit setting out facts sufficient to show
22-10 that the surety is making a diligent effort to return the defendant
22-11 to custody.
22-12 (b) On presentation of a motion for continuance under
22-13 Subsection (a), the court shall continue the cause until the
22-14 expiration of:
22-15 (1) six months after the date on which the forfeiture
22-16 was entered, if the bond was given for a misdemeanor offense; or
22-17 (2) 12 months after the date on which the forfeiture
22-18 was entered, if the bond was given for a felony offense.
22-19 (c) A surety that has obtained a continuance under
22-20 Subsection (b) may deposit with the clerk of the court, before the
22-21 expiration of the continuance, the amount of the bond in United
22-22 States currency or negotiable instruments, together with an
22-23 affidavit by the surety setting out facts sufficient to show that
22-24 the surety is making a diligent effort to return the defendant to
22-25 custody. On presentation of the motion for continuance and
22-26 affidavit and the deposit of the amount of bond with the clerk, the
22-27 court shall continue the case until the expiration of:
23-1 (1) 12 months after the date the forfeiture was
23-2 entered, if the bond was given for a misdemeanor offense; or
23-3 (2) 24 months after the date the forfeiture was
23-4 entered, if the bond was given for a felony offense.
23-5 (d) An affidavit presented under Subsection (a) or (c) need
23-6 not be corroborated and constitutes prima facie evidence of the
23-7 required facts. Unless the state files a controverting affidavit,
23-8 the court shall presume that the facts stated by the surety are
23-9 sufficient to show diligent effort.
23-10 (e) The clerk shall apply the cash deposit to the payment of
23-11 a final judgment entered against the surety on the bond or, if the
23-12 case is appealed, apply the deposit as a cash deposit in lieu of a
23-13 supersedeas bond. The balance of the deposit, if any, shall be
23-14 returned to the surety. An additional fee may not be charged for
23-15 the clerk's actions under this subsection.
23-16 (f) Another continuance may be granted to a surety in a bond
23-17 forfeiture case only if the court finds the continuance is
23-18 necessary in the interests of justice.
23-19 (g) On the occurrence of an event specified in Article
23-20 22.16(a), the state may move to terminate the continuance.
23-21 SECTION 14. Article 22.125, Code of Criminal Procedure, is
23-22 amended to read as follows:
23-23 Art. 22.125. POWERS OF THE COURT. After a judicial
23-24 declaration of forfeiture is entered, and if a timely request for a
23-25 continuance under Article 22.121 of this code has been filed and
23-26 has expired, the court may proceed with the trial required by
23-27 Article 22.14 of this code. If an answer is not filed in a timely
24-1 manner, proceedings shall be conducted in accordance with Article
24-2 22.15 of this code. The court shall <may> exonerate the defendant
24-3 and his sureties, if any, from liability on the forfeiture, remit
24-4 the amount of the forfeiture, or set aside the forfeiture <only> as
24-5 <expressly> provided by this chapter.
24-6 SECTION 15. Article 22.14, Code of Criminal Procedure, is
24-7 amended to read as follows:
24-8 Art. 22.14. JUDGMENT FINAL. On the trial of the issues
24-9 presented under the declaration of forfeiture, a final judgment
24-10 shall be entered. If sufficient cause is not found for the failure
24-11 of the principal to appear, a final judgment shall be entered
24-12 against the principal and the principal's sureties, if any, for the
24-13 amount of the bond. If it is found that the bond should be
24-14 exonerated, a final judgment shall be entered that the state take
24-15 nothing. If it is found that the bond should be remitted, a final
24-16 judgment shall be entered that includes a remittitur as provided by
24-17 Article 22.16. This article does not affect or limit the court's
24-18 authority to approve a settlement under Article 22.16(c). <When,
24-19 upon a trial of the issues presented, no sufficient cause is shown
24-20 for the failure of the principal to appear, the judgment shall be
24-21 made final against him and his sureties, if any, for the amount in
24-22 which they are respectively bound; and the same shall be collected
24-23 by execution as in civil actions. Separate executions shall issue
24-24 against each party for the amount adjudged against him. The costs
24-25 shall be equally divided between the sureties, if there be more
24-26 than one.>
24-27 SECTION 16. Article 22.16, Code of Criminal Procedure, is
25-1 amended to read as follows:
25-2 Art. 22.16. REMITTITUR AFTER FORFEITURE AND BEFORE FINAL
25-3 JUDGMENT. (a) After forfeiture of a bond and before entry of a
25-4 final judgment <the expiration of the time limits set by Subsection
25-5 (c) of this article>, the court shall, on sworn written motion,
25-6 remit to the surety an <the> amount determined by the court after
25-7 consideration of the rules <of the bond after deducting the costs
25-8 of court, any reasonable costs to the county for the return of the
25-9 principal, and the interest accrued on the bond amount as> provided
25-10 by Subsection (e) of this article if:
25-11 (1) the principal is incarcerated in the county in
25-12 which the prosecution is pending;
25-13 (2) the principal is incarcerated in another
25-14 jurisdiction and the incarceration is verified as provided by
25-15 Subsection (b) of this article;
25-16 (3) the principal is released on new bail in the case;
25-17 (4) it is shown that the principal is deceased; <or>
25-18 (5) the case for which bond was given is dismissed;
25-19 (6) the proper authorities refuse to extradite the
25-20 principal on the bond to the county in which the declaration of
25-21 forfeiture is pending after a request by the surety for extradition
25-22 and a written acknowledgement of the surety's liability for the
25-23 costs of the extradition; or
25-24 (7) the case for which the bond was given was disposed
25-25 of by a finding of guilty and the principal was placed into
25-26 custody, the case was disposed of by a finding of not guilty, or
25-27 the principal was granted community supervision after being
26-1 convicted or receiving deferred adjudication.
26-2 (b) For the purposes of Subsection (a)(2) of this article, a
26-3 surety may request confirmation of the incarceration of his
26-4 principal by written request to the law enforcement agency of the
26-5 county where the prosecution was or is pending. A law enforcement
26-6 agency in this state that receives a request for verification
26-7 shall, not later than the 30th day after the date on which it
26-8 receives the request, notify the court in which the prosecution is
26-9 or was pending and the surety whether or not the principal is or
26-10 has been incarcerated in another jurisdiction and the date of the
26-11 incarceration. A surety that requests confirmation shall pay a fee
26-12 of $10 for a confirmation from a jurisdiction in this state and the
26-13 greater of $25 or the actual cost to the county for a confirmation
26-14 from a jurisdiction outside this state.
26-15 (c) Notwithstanding any other provision of this chapter, the
26-16 prosecuting authority in a jurisdiction in which a declaration of
26-17 forfeiture is pending may agree to and may sign an agreed final
26-18 judgment of the bond forfeiture, regardless of whether the
26-19 principal on the bond is incarcerated. An agreed final judgment
26-20 may be made if the prosecuting authority, in the authority's
26-21 discretion, decides that the settlement is in the interests of the
26-22 jurisdiction. An agreed final judgment must include an affirmative
26-23 statement that the surety waives any right to file a motion for new
26-24 trial, an appeal, or a bill of review in the case. The court in
26-25 which the declaration of forfeiture is pending shall approve a
26-26 settlement of the bond forfeiture that meets the conditions of this
26-27 subsection. <A final judgment may be entered against a bond not
27-1 earlier than:>
27-2 <(1) nine months after the date the forfeiture was
27-3 entered, if the offense for which the bond was given is a
27-4 misdemeanor; or>
27-5 <(2) 18 months after the date the forfeiture was
27-6 entered, if the offense for which the bond was given is a felony.>
27-7 (d) This article does not exonerate the surety on a bond
27-8 until all costs and penalties imposed by this article have been
27-9 paid in full or an agreed judgment has been entered and paid <After
27-10 the expiration of the time limits set by Subsection (c) of this
27-11 article and before the entry of a final judgment against the bond,
27-12 the court in its discretion may remit to the surety all or part of
27-13 the amount of the bond after deducting the costs of court, any
27-14 reasonable costs to the county for the return of the principal, and
27-15 the interest accrued on the bond amount as provided by Subsection
27-16 (e) of this article>.
27-17 (e) The court shall set the amount of remittitur granted
27-18 under this article when remittitur is applicable as provided by the
27-19 following guidelines:
27-20 (1) the amount of the penalty may not be set in an
27-21 oppressive amount or at a level designed to be used as a revenue
27-22 source;
27-23 (2) the payment of any rearrest costs by the surety
27-24 shall be considered;
27-25 (3) the rearrest of the principal by the surety or at
27-26 the surety's expense shall be considered;
27-27 (4) the amount of time that has expired between the
28-1 date of forfeiture and the rearrest or death of the principal shall
28-2 be considered; and
28-3 (5) the penalty imposed should rarely exceed 15
28-4 percent of the amount of the bond including any rearrest costs if:
28-5 (A) a principal is rearrested by the surety or
28-6 by an authorized person at the surety's expense;
28-7 (B) the costs of rearrest are paid by the
28-8 surety;
28-9 (C) the state has refused to extradite the
28-10 principal after the written request of the surety; or
28-11 (D) the principal is deceased.
28-12 (f) A court that departs from the guidelines adopted under
28-13 Subsection (e) of this article shall state the reasons for the
28-14 departure in writing in a court order or the final judgment. It is
28-15 an abuse of discretion for a judge to fail to comply with this
28-16 subsection. <For the purposes of this article, interest accrues on
28-17 the bond amount from the date of forfeiture in the same manner and
28-18 at the same rate as provided for the accrual of prejudgment
28-19 interest in civil cases.>
28-20 SECTION 17. Chapter 23, Code of Criminal Procedure, is
28-21 amended by adding Article 23.055 to read as follows:
28-22 Art. 23.055. EXECUTION OF BOND FORFEITURE CAPIAS BY SURETY.
28-23 (a) A capias issued under Article 23.05 shall be issued to the
28-24 sheriff of the county in which the case is pending.
28-25 (b) A certified copy of the capias shall be issued to the
28-26 surety on request. A copy issued to the surety expires 90 days
28-27 after the date of issuance. An additional copy of the capias with
29-1 a new expiration date may be requested by the surety.
29-2 (c) A capias issued under Article 23.05 may be executed by:
29-3 (1) a peace officer;
29-4 (2) a security officer or private investigator
29-5 licensed in this state;
29-6 (3) a licensed bail bondsman; or
29-7 (4) a licensed agent of a corporation licensed as a
29-8 bail bondsman.
29-9 (d) A person who executes a capias under this article shall
29-10 immediately surrender the arrested individual to a peace officer or
29-11 magistrate in the county in which the arrest occurs.
29-12 (e) The surety shall pay necessary and reasonable expenses
29-13 incurred by a sheriff or other peace officer in rearresting or
29-14 processing the principal back into custody not later than the 30th
29-15 day after the date on which notice of the expenses is received.
29-16 Notice is presumed to have been delivered on the fourth day after
29-17 deposit in the United States mail addressed to the last known
29-18 address on file with the bail bond board.
29-19 SECTION 18. (a) The changes in law made by this Act apply
29-20 only to a bondsman license that is initially issued or renewed on
29-21 or after the effective date of this Act.
29-22 (b) A bondsman license issued before the effective date of
29-23 this Act is governed by the law in effect on the date that the
29-24 license was issued, and the former law is continued in effect for
29-25 that purpose, until the later of:
29-26 (1) the date of renewal of the license; or
29-27 (2) September 1, 1996.
30-1 (c) A person who was not subject to licensing as a bondsman
30-2 before the effective date of this Act must comply with Chapter 550,
30-3 Acts of the 63rd Legislature, Regular Session, 1973 (Article
30-4 2372p-3, Vernon's Texas Civil Statutes), as amended by this Act,
30-5 not later than September 1, 1996.
30-6 SECTION 19. (a) Section 3(c)(4), Chapter 550, Acts of the
30-7 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
30-8 Texas Civil Statutes), as added by this Act, does not apply to a
30-9 person married for at least five years before the effective date of
30-10 this Act to a peace officer, jailer, employee of a law enforcement
30-11 agency, judicial officer, court employee, or employee of any
30-12 similar or related agency.
30-13 (b) Sections 3(c)(5) and (6), Chapter 550, Acts of the 63rd
30-14 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
30-15 Civil Statutes), as added by this Act, do not apply to a person
30-16 who:
30-17 (1) holds a license issued under Chapter 550, Acts of
30-18 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
30-19 Vernon's Texas Civil Statutes), before September 1, 1995;
30-20 (2) was previously licensed under Chapter 550, Acts of
30-21 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
30-22 Vernon's Texas Civil Statutes), before September 1, 1995, and whose
30-23 license was never revoked or suspended before the license expired;
30-24 (3) acted as a surety on a bond for compensation in a
30-25 county in which a license was not required before the effective
30-26 date of this Act; or
30-27 (4) was employed by a bondsman for at least five years
31-1 before the effective date of this Act.
31-2 (c) Section 3B(c)(2), Chapter 550, Acts of the 63rd
31-3 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
31-4 Civil Statutes), as added by this Act, does not apply to a person
31-5 employed by or acting as a bondsman for a period at least four
31-6 years before the effective date of this Act and who previously
31-7 received probation, if the term of probation was completed and was
31-8 not revoked before the effective date of this Act.
31-9 (d) In this section, the term "person" includes a designated
31-10 agent of a corporation licensed as a bondsman.
31-11 SECTION 20. A bond, or the forfeiture of such a bond, given
31-12 before September 1, 1995, is governed by the law in effect on the
31-13 date that the bond was executed, and the former law is continued in
31-14 effect for that purpose. Bail set and bonds executed on or after
31-15 September 1, 1995, are governed by the Code of Criminal Procedure,
31-16 as amended by this Act.
31-17 SECTION 21. This Act takes effect September 1, 1995.
31-18 SECTION 22. The importance of this legislation and the
31-19 crowded condition of the calendars in both houses create an
31-20 emergency and an imperative public necessity that the
31-21 constitutional rule requiring bills to be read on three several
31-22 days in each house be suspended, and this rule is hereby suspended.