By Place                                              H.B. No. 3412

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of corporate sureties that write bail

 1-3     bonds.

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

 1-5           SECTION 1.  Section 2, 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                 (1)  "Person" means an individual [or corporation].

 1-9                 (2)  "Bondsman" means any person or corporation who for

1-10     hire or for any compensation deposits any cash or bonds or other

1-11     securities, or executes as surety or cosurety for other persons.

1-12                 (7)  "Corporation" means a corporation holding a

1-13     certificate of authority pursuant to Article 8.20, Insurance Code,

1-14     that is authorized to act as a surety.

1-15           SECTION 2.  Sections 3(a) and (d), Chapter 550, Acts of the

1-16     63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's

1-17     Texas Civil Statutes) are amended to read as follows:

1-18           (a)  In a county that has a board, no person may act as a

1-19     bondsman except:

1-20                 (1)  persons licensed under this Act, [and]

1-21                 (2)  persons licensed to practice law who meet the

1-22     requirements of Section 3(e) [Subsection (e) of Section 3] of this

1-23     Act, and

1-24                 (3)  persons who are licensed agents of a corporation

 2-1     licensed under this Act.

 2-2           (d)  No corporation is eligible to be licensed unless:

 2-3                 (1)  it is chartered or admitted to do business in this

 2-4     state; [and]

 2-5                 (2)  it is qualified to write fidelity, guaranty and

 2-6     surety bonds under the [Texas] Insurance Code[, as amended]; and

 2-7                 (3)  the corporation holds a certificate of authority

 2-8     from the Texas Department of Insurance.

 2-9           SECTION 3.  Section 6(a), Chapter 550, Acts of the 63rd

2-10     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas

2-11     Civil Statutes) is amended to read as follows:

2-12           (a)  Any person or corporation desiring to act as a bondsman

2-13     in any court of the county shall file with the County Bail Bond

2-14     Board a sworn application for a license.  The application shall be

2-15     in such form and shall contain such information as the board may

2-16     prescribe including the following:

2-17                 (1)  The name, age, and address of the applicant, and

2-18     if the applicant is a surety corporation, and whether chartered or

2-19     admitted to do business in this state and qualified to write

2-20     fidelity, guaranty, and surety bonds under the [Texas] Insurance

2-21     Code[, as amended];

2-22                 (2)  The name under which the business shall be

2-23     conducted;

2-24                 (3)  The name of the place or places, including street

2-25     address and city, wherein the business is to be conducted;

2-26                 (4)  A statement listing any nonexempt real estate

2-27     owned by the applicant that the applicant intends to convey in

 3-1     trust to the board to secure payment of any obligations incurred by

 3-2     the applicant in the bonding business if the license is granted.

 3-3     The following shall be included for each parcel listed:

 3-4                       (A)  a legal description equivalent to the

 3-5     description required to convey the property by general warranty

 3-6     deed;

 3-7                       (B)  current statements from each taxing unit

 3-8     with power to assess or collect taxes against the property

 3-9     indicating that there are no outstanding tax liens against the

3-10     property and indicating the net value of the property according to

3-11     the current appraisal made by a real estate appraiser who is a

3-12     member in good standing of a nationally recognized professional

3-13     appraiser society or trade organization that has an established

3-14     code of ethics, educational program, and professional certification

3-15     program, accompanied by a statement from the applicant agreeing to

3-16     keep all taxes paid on the property while it remains in trust;

3-17                       (C)  a statement of the applicant that he will

3-18     not further encumber the property after conveying it in trust to

3-19     the County Bail Bond Board, without notifying and obtaining the

3-20     permission of the board;

3-21                       (D)  an agreement to insure and keep current the

3-22     insurance on any improvements on the property against any damage or

3-23     destruction while the property remains in trust, in the full amount

3-24     of the value claimed for the improvements;

3-25                       (E)  a statement indicating whether the applicant

3-26     is married and, if so, a sworn statement from the spouse agreeing

3-27     to transfer to the board, as a part of the trust, any right, title,

 4-1     or interest that the spouse may have in the property; and the

 4-2     spouse must execute the deeds of trust to any community property

 4-3     placed in the security deposit required under this section;

 4-4                 (5)  A statement indicating the amount of cash or cash

 4-5     value of any certificate of deposit or cashier's checks which the

 4-6     applicant intends to place on deposit with the county treasurer to

 4-7     secure payment of any obligations incurred by the applicant in the

 4-8     bonding business if the license is granted;

 4-9                 (6)  A complete, sworn financial statement;

4-10                 (7)  A declaration by the applicant that he will comply

4-11     with this Act and the rules prescribed by the board.

4-12           SECTION 4.  Sections 7(b) - (e), Chapter 550, Acts of the

4-13     63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's

4-14     Texas Civil Statutes) are amended to read as follows:

4-15           (b)  The certificate of authority to do business in this

4-16     state issued to a corporation by the Texas Department of Insurance

4-17     [State Board of Insurance] pursuant to Article 8.20, Insurance Code

4-18     [, as amended] shall be conclusive evidence as to the sufficiency

4-19     of the security, the corporation's solvency, or its credits for all

4-20     purposes under this Act.

4-21           (c)  Any corporation which acts as a surety shall, before

4-22     executing any bail bond, first file in the office of the county

4-23     clerk of the county where such bail bond is given a power of

4-24     attorney designating and authorizing the named agent of such

4-25     corporation to execute such bail bonds by such agent.  This power

4-26     of attorney shall be a valid and binding obligation of the

4-27     corporation.  A separate license is required for each agent

 5-1     operating under a corporate power of attorney.  A corporation may

 5-2     not be granted an initial license for an agent if, at the time the

 5-3     initial license application is considered by the board, the agent

 5-4     personally has then pending an outstanding final judgment on any

 5-5     forfeited bail bond in any county in this state that has not been

 5-6     paid within 30 days of the date of the final judgment.

 5-7           (d)  Notwithstanding any statutory requirements to the

 5-8     contrary, any agent so designated and licensed or approved under

 5-9     this Act [hereunder] for the purpose of writing bail bonds shall

5-10     not be required to be licensed as a local recording agent as

5-11     defined in Article 21.14, [Texas] Insurance Code[, as amended] for

5-12     the purpose of this Act.  However, an agent licensed as a local

5-13     recording agent may write bail bonds if licensed under this Act.

5-14           (e)  It shall be the duty of the board to notify promptly the

5-15     Texas Department [State Board] of Insurance of default by a

5-16     corporation on any financial obligation which it undertakes in the

5-17     county.  Nothing in this Act shall be construed to prevent the

5-18     Commissioner of Insurance from promulgating rules related to

5-19     corporations or licensed recording agents of corporations writing

5-20     bail bonds in this state.

5-21           SECTION 5.  Section 8, Chapter 550, Acts of the 63rd

5-22     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas

5-23     Civil Statutes) is amended by adding paragraph (d) to read as

5-24     follows:

5-25           (d)  A corporation may not renew a license for an agent if,

5-26     at the time the license renewal application is considered by the

5-27     board, the agent personally has then pending an outstanding final

 6-1     judgment on any forfeited bail bond in any court of competent

 6-2     jurisdiction within the county of the licensee that has not been

 6-3     paid within 30 days of the date of final judgment.

 6-4           SECTION 6.  Sections 12(a) and (c), Chapter 550, Acts of the

 6-5     63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's

 6-6     Texas Civil Statutes) are amended to read as follows:

 6-7           (a)  No bondsman [person] who executes a bail bond as a

 6-8     surety for a principal may surrender the principal without the

 6-9     written permission of the judge having jurisdiction of the case

6-10     after the person who executed the bail bond has executed an

6-11     affidavit to be filed with the clerk of the court stating:

6-12                 (1)  the date the bond was made;

6-13                 (2)  the fee paid for the bond; and

6-14                 (3)  the reason for the surrender.

6-15           (c)  If the court determines that the bondsman [person] who

6-16     surrendered the principal did so without reasonable cause, the

6-17     court in its discretion may require that all or a part of the fees

6-18     paid as a condition for making the bail bond shall be returned to

6-19     the principal.  In making the determination the court shall

6-20     determine what fees, whether denominated fees for the making of the

6-21     bond or not, were in fact paid for the purpose of inducing the

6-22     surety to make the bond.

6-23           SECTION 7.  Article 21.14, Insurance Code, is amended by

6-24     adding Section 17 to read as follows:

6-25           Sec. 17.  The Commissioner may promulgate rules related to

6-26     corporations and local recording agents acting as sureties on

6-27     criminal court appearance bonds.

 7-1           SECTION 8.  The importance of this legislation and the

 7-2     crowded condition of the calendars in both houses create an

 7-3     emergency and an imperative public necessity that the

 7-4     constitutional rule requiring bills to be read on three several

 7-5     days in each house be suspended, and this rule is hereby suspended.