SRC-TNM S.B. 627 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 627
By: Sibley
State Affairs
3-3-97
As Filed


DIGEST 

Currently, Texas law provides that an individual is ineligible for bail
bondsmen licensing unless the individual is a resident of this state and a
citizen of the United States, at least 18 years of age, possesses
sufficient financial resources to provide indemnity against loss on such
obligations as the individual may undertake as required by Section 1 of
Article 2372p-3, V.T.C.S., and who after the effective date of the Act,
commits a felony or misdemeanor involving moral turpitude for which the
individual is convicted.  However, because Article 2372p-3 only applies to
counties with a population of more than 110,000, according to the last
federal census, or in counties of less than 110,000 in which a bail bond
board (board) has been created, current law only applies to 14 counties in
Texas.  With the exception of the board counties, there are no statutory
restrictions on who is eligible to write a bail bond.  The goal of S.B.
627 is to create a certification and examination process for all persons
who make bail bonds for compensation in the State of Texas and to require
continuing education for all individuals certified to make bail bonds for
compensation. 

PURPOSE

As proposed, S.B. 627 outlines provisions and provides penalties regarding
certification of bail bondsmen by the texas Department of Licensing and
regulation. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of licensing and
regulation under SECTION 1, (Section 7(h), Article 2372p-4, V.T.C.S.) of
the bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 44, V.T.C.S., by adding Article 2372p-4, as
follows: 

Art. 2372p-4. STATE CERTIFICATION OF BAIL BONDSMEN

Sec. 1. DEFINITIONS. Defines "commissioner," "department," and "person."
Provides that the definitions adopted under Section 2, Chapter 550, Acts
of the 63rd Legislature, Regular Session, 1973 (Article 2372p-3, V.T.C.S.)
apply to this article in addition to the definitions under this section. 

Sec. 2. CERTIFICATE OF REGISTRATION REQUIRED; PENALTY. (a) Prohibits a
person from executing a bail bond in any county of this state as a surety
for compensation unless the person holds a certificate of registration  in
addition to any other legal requirements.  Provides that a person is
entitled to a certificate of registration if the person passes the
certification examination required under Section 4 of this article and
pays all required fees.   

(b) Sets forth instances in which a person is exempt from the
certification examination requirement, notwithstanding Subsection (a) of
this section. 

(c) Authorizes a person who is exempt under Subsection (b) of this section
to obtain a certificate of registration from the Texas Department of
Licensing and Regulation (department) by filing a sworn statement that
demonstrates to the satisfaction of the  commissioner of licensing and
regulation (commissioner) that the person is eligible for the exemption
claimed. 

(d) Provides that a certificate of registration expires on the second
anniversary of the date of issuance of the certificate and is not
transferrable. 

(e) Provides that a person commits a Class A misdemeanor if the person
operates as a bondsman without a certificate of registration. 

Sec. 3. APPLICATION; EXEMPTION. Provides that this article applies to a
person who holds a license issued by a bail bond board under Chapter 550,
Article 2372p-3, V.T.C.S., and does not apply to a person licensed to
practice law by the Supreme Court of Texas. 


Sec. 4. CERTIFICATION EXAMINATION; REQUIREMENTS. Requires each person who
desires to operate as a bondsman in this state to pass the certification
examination required by this section.  Sets forth requirements and
outlines provisions regarding the certification examination.  

Sec. 5. CONTINUING EDUCATION REQUIREMENTS.  Requires a bondsman to
annually complete five hours of continuing education courses through a
program qualified under Subsection (b) of this section to renew the
certificate of registration.  Requires the department to certify qualified
continuing education programs.  Requires the course offered by a program
to cover all major topics involved in the operation of a bail bond
business to be eligible for certification.  Requires a fee charged by a
provider of continuing education to be retained by the provider to cover
the cost of presenting the program.  Requires the fee to be paid in full
by the participant and prohibits the fee from being paid for or waived by
the provider.  Sets forth requirements for a list that each provider of
continuing education is required to provide the department. 

Sec. 6. CERTIFICATE RENEWAL. Sets forth instances in which a person who
holds a certificate of registration is entitled to renew the certificate. 

Sec. 7. ADVISORY COUNCIL. Provides that the bail bondsman advisory council
is established as an advisory committee to the department.  Provides that
the advisory council is composed of nine members appointed by the
commissioner as provided by this section. Requires the Professional
Bondsmen of Texas and the Corporate Surety Association to nominate two of
their members to the commissioner for designation by the commissioner as
members of the advisory council.  Sets forth requirements for the
appointment of the remaining five members.  Outlines provisions regarding
members of the advisory council. Sets forth requirements for the advisory
council.  Authorizes the advisory council to recommend standards for
continuing education programs and topics to be covered in a continuing
education course, and propose rules for adoption by the commissioner
relating to the regulation of bail bondsmen.  Provides that the advisory
council is not subject to Article 6252-33, V.T.C.S. 

SECTION 2.   (a) Effective date: September 1, 1997, except as otherwise
provided by this section. 

(b) Provides that a person employed on the effective date of this Act by a
bondsman licensed under Chapter 550, Article 2372p-3, V.T.C.S., is
eligible for a certificate of registration under Article 2372p-4,
V.T.C.S., as added by this Act, without compliance with the examination
requirements if the person applies for the certificate to the Texas
Department of Licensing and Regulation before January 1, 1998, and pays
any required fees. 

(c) Provides that a person is not required to hold a certificate of
registration issued under Article 2372p-4, V.T.C.S., as added by this Act,
until January 1, 1998. 

(d) Requires the commissioner of licensing and regulation to adopt rules
as necessary to implement Article 2372p-4, V.T.C.S., as added by this Act,
not later than December 1, 1997. 

 (e) Provides that a person who, on September 1, 1997, holds a license
issued by a county bail bond board under, Article 2372p-3, V.T.C.S., and
receives a certificate of registration under Article 2372p-4, V.T.C.S., as
added by this Act, without compliance with the examination requirements
imposed under that article must comply with the continuing education
requirements imposed under that article not later than September 1, 1998. 

SECTION 3. Emergency clause.