By Dutton                                       H.B. No. 2536

      75R3661 PEP-D                           

                                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.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 22.05, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 22.05.  CITATION AS IN CIVIL ACTIONS.  Sureties shall be

 1-8     entitled to notice by service of citation[, the length of time and]

 1-9     in the manner required in civil actions, except that the citation

1-10     shall require the sureties to answer within the time period

1-11     provided by Article 22.11.  The [; and the] officer executing the

1-12     citation shall return the same as in civil actions.  It shall not

1-13     be necessary to give notice to the defendant unless he has

1-14     furnished his address on the bond, in which event notice to the

1-15     defendant shall be deposited in the United States mail directed to

1-16     the defendant at the address shown on the bond.

1-17           SECTION 2.  Article 22.11, Code of Criminal Procedure, is

1-18     amended to read as follows:

1-19           Art. 22.11.  SURETIES MAY ANSWER.  After the forfeiture of

1-20     the bond, if the sureties, if any, have been duly notified, the

1-21     sureties, if any, may answer in writing and show cause why the

1-22     defendant did not appear, which answer may be filed not later than

1-23     12 months after the date citation is served on the sureties [within

1-24     the time limited for answering in other civil actions].

 2-1           SECTION 3.  Article 22.15, Code of Criminal Procedure, is

 2-2     amended to read as follows:

 2-3           Art. 22.15.  JUDGMENT FINAL BY DEFAULT.  When the sureties

 2-4     have been duly cited and fail to answer, and the principal also

 2-5     fails to answer within the time period provided by Article 22.11

 2-6     [limited for answering in other civil actions], the court shall

 2-7     enter judgment final by default.

 2-8           SECTION 4.  Subsections (a), (c), and (d), Article 22.16,

 2-9     Code of Criminal Procedure, are amended to read as follows:

2-10           (a)  After forfeiture of a bond and before entry of final

2-11     judgment [the expiration of the time limits set by Subsection (c)

2-12     of  this article], the court shall, on written motion, remit to the

2-13     surety the amount of the bond after deducting the costs of court,

2-14     any reasonable costs to the county for the return of the principal,

2-15     and the interest  accrued on the bond amount as provided by

2-16     Subsection (e) of this article if:

2-17                 (1)  the principal is incarcerated in the county in

2-18     which the prosecution is pending;

2-19                 (2)  the principal is incarcerated in another

2-20     jurisdiction and the incarceration is verified as provided by

2-21     Subsection (b) of this article;

2-22                 (3)  the principal is released on new bail in the case;

2-23                 (4)  the principal is deceased; or

2-24                 (5)  the case for which bond was given is dismissed.

2-25           (c)  A final judgment may be entered against a bond not

2-26     earlier than 12[:]

2-27                 [(1)  nine] months after the date citation [the

 3-1     forfeiture] was served on the sureties [entered, if the offense for

 3-2     which the bond was given is a misdemeanor; or]

 3-3                 [(2)  18 months after the date the forfeiture was

 3-4     entered, if the offense for which the bond was given is a felony].

 3-5           (d)  After the expiration of the time limit [limits] set by

 3-6     Subsection (c) [of this article] and before the entry of a final

 3-7     judgment against the bond, the court in its discretion may remit to

 3-8     the surety all or part of the amount of the bond after deducting

 3-9     the costs of court, any  reasonable expenses [costs] to the county

3-10     for the return of the principal, and the interest accrued on the

3-11     bond amount as provided by Subsection (e) of this article.

3-12           SECTION 5.  Section  54.306(a), Government Code, is amended

3-13     to read as follows:

3-14           (a)  A judge may refer to a magistrate any criminal case for

3-15     proceedings involving:

3-16                 (1)  a negotiated plea of guilty before the court;

3-17                 (2)  [a bond forfeiture;]

3-18                 [(3)]  a pretrial motion;

3-19                 (3) [(4)]  a postconviction writ of habeas corpus;

3-20                 (4) [(5)]  an examining trial; and

3-21                 (5) [(6)]  any other matter the judge considers

3-22     necessary and proper.

3-23           SECTION 6.  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, or an agent designated by a

 4-3     corporation licensed under this Act, who executes bonds must

 4-4     annually complete at least eight hours of continuing education

 4-5     classes before the anniversary date of the issuance of the license.

 4-6           (b)  The continuing education requirement imposed under

 4-7     Subsection (a) of this section does not apply to a bondsman who is

 4-8     70 years of age or older.

 4-9           (c)  The attorney general shall determine if a continuing

4-10     education program offered under this section is reasonably and

4-11     directly related to the bonding business and shall approve or

4-12     disapprove the program.

4-13           (d)  A provider of a continuing education program may be a

4-14     licensed bondsman or an association of licensed bondsmen.

4-15           (e)  The attorney general shall approve the fees to be

4-16     charged by a provider of a continuing education program.

4-17           (f)  A program provider shall give an individual who

4-18     completes the program a certificate of attendance that specifies

4-19     the name of the individual, the individual's Social Security

4-20     number, and the number of continuing education hours the individual

4-21     earned through attendance at the program, and file a copy of each

4-22     certificate with the attorney general.

4-23           (g)  Each individual who desires to take continuing education

4-24     programs under this section must register with the attorney general

4-25     and pay an annual $50 registration fee.  The attorney general shall

4-26     issue a registration card to each individual who registers and pays

4-27     the required fee.  A registration card issued under this subsection

 5-1     expires on December 31 of each year.  The attorney general shall

 5-2     annually publish a list of the persons who are registered under

 5-3     this section.

 5-4           Sec. 3B.  IDENTIFICATION CARD.  (a)  Each individual employed

 5-5     by or contracting with a bondsman to provide a service that

 5-6     facilitates the execution of a specific bond or requires contact

 5-7     with the general public, other than a telephone answering service

 5-8     or the person designated under Section 7(c) of this Act as an agent

 5-9     of a corporate bondsman, must hold an identification card issued by

5-10     the board.

5-11           (b)  An application for an identification card must:

5-12                 (1)  be filed with the board on a form prescribed by

5-13     the board;

5-14                 (2)  contain the name, address, and date of birth of

5-15     the applicant; and

5-16                 (3)  be accompanied by a $25 application fee.

5-17           (c)  An identification card may not be issued to an

5-18     individual who:

5-19                 (1)  is personally or is married to:

5-20                       (A)  a peace officer;

5-21                       (B)  a jailer;

5-22                       (C)  an employee of a law enforcement agency;

5-23                       (D)  a judicial officer;

5-24                       (E)  a court employee; or

5-25                       (F)  an employee of any similar or related

5-26     agency; or

5-27                 (2)  has been found guilty of any felony or of a

 6-1     misdemeanor involving moral turpitude other than a Class C

 6-2     misdemeanor in the 10 years preceding the date of the application

 6-3     or any felony committed in the course of engaging in any phase of

 6-4     the bail bond business.

 6-5           (d)  The sheriff shall verify the information contained in

 6-6     the application and the criminal history of the applicant.  The

 6-7     board shall issue an identification card to a qualified applicant.

 6-8           (e)  A board or a sheriff in a county where there is no board

 6-9     may provide for the issuance of more than one identification card

6-10     if the licensee signs a request for the issuance of the cards and

6-11     agrees to be jointly responsible for the cardholder.  If a card

6-12     issued to an individual is revoked or suspended by the board for a

6-13     violation of this Act, any other card issued to that individual is

6-14     revoked or suspended.

6-15           (f)  For the purposes of Sections 9, 10, 11, and 15 of this

6-16     Act:

6-17                 (1)  "bondsman" or "licensee" includes a person who

6-18     holds an identification card issued under this section; and

6-19                 (2)  "license" includes an identification card issued

6-20     under this section.

6-21           SECTION 7.  Chapter 550, Acts of the 63rd Legislature,

6-22     Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil

6-23     Statutes), is amended by adding Section 6A to read as follows:

6-24           Sec. 6A.  REAPPRAISAL OF REAL PROPERTY.  An appraisal

6-25     district may not reappraise real property solely because the owner

6-26     of the property is an applicant for or the holder of a license

6-27     under this Act.  This section does not prohibit an appraisal

 7-1     district from reappraising real property in connection with the

 7-2     appraisal of real property in the same general area or if requested

 7-3     to do so by the board or by the applicant or license holder.

 7-4           SECTION 8.  (a)  The change in law made by Sections 1-4 of

 7-5     this Act applies only to a bail bond executed on or after the

 7-6     effective date of this Act.  A bail bond executed before the

 7-7     effective date of this Act is covered by the law in effect when the

 7-8     bail bond was executed, and the former law is continued in effect

 7-9     for that purpose.

7-10           (b)  The change in law made by Section 5 of this Act applies

7-11     only to proceedings in a criminal case based on an offense

7-12     committed on or after the effective date of this Act.  Proceedings

7-13     in a criminal case based on an offense committed before the

7-14     effective date of this Act are governed by the law in effect when

7-15     the offense was committed, and the former law is continued in

7-16     effect for that purpose.  For purposes of this subsection, an

7-17     offense was committed before the effective date of this Act if any

7-18     element of the offense was committed before that date.

7-19           (c)  An individual or an agent designated by a corporation

7-20     licensed under Chapter 550, Acts of the 63rd Legislature, Regular

7-21     Session, 1973 (Article 2372p-3, Vernon's Texas Civil Statutes), is

7-22     not required to complete the initial set of annual continuing

7-23     education requirements established by Section 3A, as added by this

7-24     Act, until the anniversary date in calendar year 1999 of the

7-25     issuance of the person's or agent's license.

7-26           (d)  Not later than January 1, 1998, each county bail bond

7-27     board or each sheriff of a county where there is no board shall

 8-1     establish procedures to provide for the issuance of the

 8-2     identification cards required by Section 3B, Chapter 550, Acts of

 8-3     the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,

 8-4     Vernon's Texas Civil Statutes), as added by this Act.

 8-5     Notwithstanding the change in law made by Section 3B, an individual

 8-6     employed by or contracting with a bondsman is not required to hold

 8-7     a card issued under that section until the 30th day after the date

 8-8     on which procedures are established under this subsection.

 8-9           SECTION 9.  This Act takes effect September 1, 1997.

8-10           SECTION 10.  The importance of this legislation and the

8-11     crowded condition of the calendars in both houses create an

8-12     emergency and an imperative public necessity that the

8-13     constitutional rule requiring bills to be read on three several

8-14     days in each house be suspended, and this rule is hereby suspended.