By Place H.B. No. 2341
75R3488 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certification of bail bondsmen by the Texas Department
1-3 of Licensing and Regulation; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 44, Revised Statutes, is amended by adding
1-6 Article 2372p-4 to read as follows:
1-7 Art. 2372p-4. STATE CERTIFICATION OF BAIL BONDSMEN
1-8 Sec. 1. DEFINITIONS. (a) In this article:
1-9 (1) "Commissioner" means the commissioner of licensing
1-10 and regulation.
1-11 (2) "Department" means the Texas Department of
1-12 Licensing and Regulation.
1-13 (3) "Person" includes an individual designated to act
1-14 as an agent of a corporation licensed to execute bail bonds for
1-15 compensation.
1-16 (b) In addition to the definitions under Subsection (a) of
1-17 this section, the definitions adopted under Section 2, Chapter 550,
1-18 Acts of the 63rd Legislature, Regular Session, 1973 (Article
1-19 2372p-3, Vernon's Texas Civil Statutes), apply to this article.
1-20 Sec. 2. CERTIFICATE OF REGISTRATION REQUIRED; PENALTY. (a)
1-21 In addition to any other legal requirements, a person may not
1-22 execute a bail bond in any county of this state as a surety for
1-23 compensation unless the person holds a certificate of registration
1-24 issued under this article. A person is entitled to a certificate
2-1 of registration if the person:
2-2 (1) passes the certification examination required
2-3 under Section 4 of this article; and
2-4 (2) pays all required fees.
2-5 (b) Notwithstanding Subsection (a) of this section, a person
2-6 is exempt from the certification examination requirement if the
2-7 person:
2-8 (1) holds a license under Chapter 550, Acts of the
2-9 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
2-10 Texas Civil Statutes), that was issued before September 1, 1997;
2-11 (2) held a license under Chapter 550, Acts of the 63rd
2-12 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
2-13 Civil Statutes), that was issued before September 1, 1995, if that
2-14 license was never revoked or suspended before the license expired;
2-15 or
2-16 (3) acted as a surety on a bond for compensation in a
2-17 county in which a license to operate as a bondsman was not required
2-18 before September 1, 1997.
2-19 (c) A person who is exempt under Subsection (b) of this
2-20 section may obtain a certificate of registration from the
2-21 department by filing a sworn statement that demonstrates to the
2-22 satisfaction of the commissioner that the person is eligible for
2-23 the exemption claimed.
2-24 (d) A certificate of registration issued under this article
2-25 expires on the second anniversary of the date of issuance of the
2-26 certificate. The certificate is not transferable.
2-27 (e) A person commits an offense if the person operates as a
3-1 bondsman without a certificate of registration issued under this
3-2 article. An offense under this subsection is a Class A
3-3 misdemeanor.
3-4 Sec. 3. APPLICATION; EXEMPTION. (a) Except as otherwise
3-5 provided by this article, this article applies to a person who
3-6 holds a license issued by a board under Chapter 550, Acts of the
3-7 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
3-8 Texas Civil Statutes).
3-9 (b) This article does not apply to a person licensed to
3-10 practice law by the Supreme Court of Texas.
3-11 Sec. 4. CERTIFICATION EXAMINATION; REQUIREMENTS. (a) Except
3-12 as otherwise provided by this article, each person who desires to
3-13 operate as a bondsman in this state must pass the certification
3-14 examination required by this section.
3-15 (b) The certification examination must cover topics involved
3-16 in the operation of a bail bond business. The department shall
3-17 approve, administer, and grade the examination.
3-18 (c) An applicant shall pay a $100 examination fee to the
3-19 department to cover the costs of administering the examination.
3-20 (d) The department shall offer the examination at least
3-21 semiannually.
3-22 (e) A person who fails the examination is entitled to take a
3-23 subsequent examination on the payment of an additional examination
3-24 fee. However, the person must wait a minimum of three months
3-25 before taking a subsequent examination. If a person fails the
3-26 examination twice, the person may not retake the examination before
3-27 the anniversary of the date of the second examination.
4-1 (f) A person who fails the examination and desires to
4-2 contest the grading process is entitled to judicial review of the
4-3 process by a district court of Travis County.
4-4 Sec. 5. CONTINUING EDUCATION REQUIREMENTS. (a) To renew
4-5 the certificate of registration, a bondsman must annually complete
4-6 five hours of continuing education courses through a program
4-7 qualified under Subsection (b) of this section.
4-8 (b) The department shall certify qualified continuing
4-9 education programs. To be eligible for certification, the course
4-10 offered by a program must cover all major topics involved in the
4-11 operation of a bail bond business.
4-12 (c) A fee charged by a provider of continuing education
4-13 shall be retained by the provider to cover the cost of presenting
4-14 the program. The fee must be paid in full by the participant and
4-15 may not be paid for or waived by the provider.
4-16 (d) Each provider of continuing education shall provide the
4-17 department with a list that:
4-18 (1) identifies each person who participated in the
4-19 continuing education program;
4-20 (2) states the number of hours of instruction actually
4-21 attended by that participant; and
4-22 (3) states the fee paid by the participant for the
4-23 continuing education program.
4-24 Sec. 6. CERTIFICATE RENEWAL. A person who holds a
4-25 certificate of registration issued under this article is entitled
4-26 to renew the certificate if the person:
4-27 (1) demonstrates to the satisfaction of the
5-1 commissioner compliance with the continuing education requirements
5-2 imposed under Section 5 of this article;
5-3 (2) pays any required renewal fee; and
5-4 (3) complies with any other requirements for renewal
5-5 adopted by rule by the commissioner.
5-6 Sec. 7. ADVISORY COUNCIL. (a) The bail bondsman advisory
5-7 council is established as an advisory committee to the department.
5-8 (b) The advisory council is composed of nine members
5-9 appointed by the commissioner as provided by this section.
5-10 (c) The Professional Bondsmen of Texas and the Corporate
5-11 Surety Association shall each nominate two of their members to the
5-12 commissioner for designation by the commissioner as members of the
5-13 advisory council.
5-14 (d) The commissioner shall appoint the remaining five
5-15 members as follows:
5-16 (1) one member shall be an assistant attorney general
5-17 for this state;
5-18 (2) one member shall be a judge in this state with
5-19 experience in criminal law matters;
5-20 (3) one member shall be a member of the legislature of
5-21 this state;
5-22 (4) one member shall be a prosecuting attorney in this
5-23 state; and
5-24 (5) one member shall be a sheriff in this state.
5-25 (e) A member of the advisory council serves a two-year term
5-26 or until the member's successor is appointed. A member who is a
5-27 public official serves for two years or until the member leaves the
6-1 position that qualifies the member for service.
6-2 (f) A member of the advisory council is not entitled to
6-3 compensation for service on the committee but is entitled to
6-4 reimbursement for reasonable travel expenses at the rate provided
6-5 for state employees in the General Appropriations Act.
6-6 (g) The advisory council shall:
6-7 (1) advise the commissioner on the contents of the
6-8 certification examination; and
6-9 (2) assist the department in the evaluation of
6-10 continuing education programs.
6-11 (h) The advisory council may:
6-12 (1) recommend standards for continuing education
6-13 programs, including standards relating to the qualifications of
6-14 program providers and instructors, and the level of program fees;
6-15 (2) recommend topics to be covered in a continuing
6-16 education course; and
6-17 (3) propose rules for adoption by the commissioner
6-18 relating to the regulation of bail bondsmen registered under this
6-19 article.
6-20 (i) The advisory council is not subject to Article 6252-33,
6-21 Revised Statutes.
6-22 SECTION 2. (a) Except as otherwise provided by this
6-23 section, this Act takes effect September 1, 1997.
6-24 (b) A person employed on the effective date of this Act by a
6-25 bondsman licensed under Chapter 550, Acts of the 63rd Legislature,
6-26 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
6-27 Statutes), is eligible for a certificate of registration under
7-1 Article 2372p-4, Revised Statutes, as added by this Act, without
7-2 compliance with the examination requirements if the person applies
7-3 for the certificate to the Texas Department of Licensing and
7-4 Regulation before January 1, 1998, and pays any required fees.
7-5 (c) A person is not required to hold a certificate of
7-6 registration issued under Article 2372p-4, Revised Statutes, as
7-7 added by this Act, until January 1, 1998.
7-8 (d) The commissioner of licensing and regulation shall adopt
7-9 rules as necessary to implement Article 2372p-4, Revised Statutes,
7-10 as added by this Act, not later than December 1, 1997.
7-11 (e) A person who, on September 1, 1997, holds a license
7-12 issued by a county bail bond board under Chapter 550, Acts of the
7-13 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
7-14 Texas Civil Statutes), and receives a certificate of registration
7-15 under Article 2372p-4, Revised Statutes, as added by this Act,
7-16 without compliance with the examination requirements imposed under
7-17 that article must comply with the continuing education requirements
7-18 imposed under that article not later than September 1, 1998.
7-19 SECTION 3. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended.