By Montford S.B. No. 869
74R5404 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements for a bail bondsman license in certain
1-3 counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6(f), 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 (f) Upon notice from the board that the application has been
1-9 tentatively approved, the applicant shall then:
1-10 (1) deposit with the county treasurer of the county in
1-11 which the license is to be issued a cashier's check, certificate of
1-12 deposit, cash, or cash equivalent in the amount indicated by the
1-13 applicant under Subsection (a)(5) <Subdivision (5) of Subsection
1-14 (a) of Section 6> of this section <Act> but in no event less than
1-15 $50,000 except in counties with populations of less than 200,000
1-16 <250,000> persons by the most recent federal census, the amount for
1-17 applicants in said counties shall be $10,000 to be held in a
1-18 special fund to be called the bail security fund; or
1-19 (2) execute in trust to the board deeds to the
1-20 property listed by the applicant under Subsection (a)(4)
1-21 <Subdivision (4) of Subsection (a) of Section 6> of this section
1-22 <Act>, which property shall be valued in the amount indicated on an
1-23 appraisal by a real estate appraiser who is a member in good
1-24 standing of a nationally recognized professional appraiser society
2-1 or trade organization that has an established code of ethics,
2-2 educational program, and professional certification program, but in
2-3 no event less than $50,000 valuation, except in counties with
2-4 populations of less than 200,000 <250,000> persons by the most
2-5 recent federal census, the amount for applicants in said counties
2-6 shall be $10,000, the condition of the trust being that the
2-7 property may be sold to satisfy any final judgment forfeitures that
2-8 may be made in bonds on which the licensee is surety after such
2-9 notice and upon such conditions as are required by the Code of
2-10 Criminal Procedure<, 1965, as amended,> in bond forfeiture cases;
2-11 the board shall file the deeds of trust in the records of each
2-12 county in which the property is located, and the applicant shall
2-13 pay the filing fees.
2-14 (3) If the licensee is a corporation, it shall furnish
2-15 to the sheriff an irrevocable letter of credit as a cash equivalent
2-16 to satisfy any final judgment of forfeiture that may be made on any
2-17 bonds on which the corporate licensee is surety.
2-18 SECTION 2. (a) The change in law made by this Act applies
2-19 only to a bondsman license that is initially issued or is renewed
2-20 on or after the effective date of this Act. A bondsman license
2-21 issued or renewed before the effective date of this Act is governed
2-22 by the law in effect on the date that the license was issued or the
2-23 renewal was granted, and the former law is continued in effect for
2-24 that purpose.
2-25 (b) In a county in which the change in law made by this Act
2-26 raises the amount that must be deposited or raises the value of
2-27 property for which deeds must be executed, before a person may
3-1 renew a bondsman license after the effective date of this Act, the
3-2 person must make the deposit or execute the deeds in accordance
3-3 with the amounts prescribed by Section 6(f), Chapter 550, Acts of
3-4 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
3-5 Vernon's Texas Civil Statutes), as amended by this Act.
3-6 SECTION 3. This Act takes effect September 1, 1995.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.