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.