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.