By: Sibley S.B. No. 627
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certification of bail bondsmen by the Texas Department
1-2 of Licensing and Regulation; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 44, Revised Statutes, is amended by adding
1-5 Article 2372p-4 to read as follows:
1-6 Art. 2372p-4. STATE CERTIFICATION OF BAIL BONDSMEN
1-7 Sec. 1. DEFINITIONS. (a) In this article:
1-8 (1) "Commissioner" means the commissioner of licensing
1-9 and regulation.
1-10 (2) "Department" means the Texas Department of
1-11 Licensing and Regulation.
1-12 (3) "Person" includes an individual designated to act
1-13 as an agent of a corporation licensed to execute bail bonds for
1-14 compensation.
1-15 (b) In addition to the definitions under Subsection (a) of
1-16 this section, the definitions adopted under Section 2, Chapter 550,
1-17 Acts of the 63rd Legislature, Regular Session, 1973 (Article
1-18 2372p-3, Vernon's Texas Civil Statutes), apply to this article.
1-19 Sec. 2. CERTIFICATE OF REGISTRATION REQUIRED; PENALTY.
1-20 (a) In addition to any other legal requirements, a person may not
1-21 execute a bail bond in any county of this state as a surety for
1-22 compensation unless the person holds a certificate of registration
1-23 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:
2-14 (A) that license was never revoked or suspended
2-15 before the license expired; and
2-16 (B) renewal of that license was not refused by
2-17 the department; or
2-18 (3) acted as a surety on a bond for compensation in a
2-19 county in which a license to operate as a bondsman was not required
2-20 before September 1, 1997.
2-21 (c) A person who is exempt under Subsection (b) of this
2-22 section may obtain a certificate of registration from the
2-23 department by filing a sworn statement that demonstrates to the
2-24 satisfaction of the commissioner that the person is eligible for
2-25 the exemption claimed.
3-1 (d) A certificate of registration issued under this article
3-2 expires on the second anniversary of the date of issuance of the
3-3 certificate. The certificate is not transferable.
3-4 (e) A person commits an offense if the person operates as a
3-5 bondsman without a certificate of registration issued under this
3-6 article. An offense under this subsection is a Class A
3-7 misdemeanor.
3-8 Sec. 3. EXEMPTION. This article does not apply to a person
3-9 licensed to practice law by the Supreme Court of Texas.
3-10 Sec. 4. CERTIFICATION EXAMINATION; REQUIREMENTS.
3-11 (a) Except as otherwise provided by this article, each person who
3-12 desires to operate as a bondsman in this state must pass the
3-13 certification examination required by this section.
3-14 (b) The certification examination must cover topics involved
3-15 in the operation of a bail bond business. The department shall
3-16 approve, administer, and grade the examination.
3-17 (c) An applicant shall pay a $100 examination fee to the
3-18 department to cover the costs of administering the examination.
3-19 (d) The department shall offer the examination at least
3-20 semiannually.
3-21 (e) A person who fails the examination is entitled to take a
3-22 subsequent examination on the payment of an additional examination
3-23 fee. However, the person must wait a minimum of three months
3-24 before taking a subsequent examination. If a person fails the
3-25 examination twice, the person may not retake the examination before
4-1 the anniversary of the date of the second examination.
4-2 (f) A dispute concerning the grading of an examination is
4-3 governed by the contested case provisions of Chapter 2001,
4-4 Government Code. Appeal of a decision regarding the dispute to a
4-5 district court may be made as provided by Section 11, Chapter 550,
4-6 Acts of the 63rd Legislature, Regular Session, 1973 (Article
4-7 2372p-3, Vernon's Texas Civil Statutes).
4-8 Sec. 5. CONTINUING EDUCATION REQUIREMENTS. (a) To renew
4-9 the certificate of registration, a bondsman must annually complete
4-10 five hours of continuing education courses through a program
4-11 qualified under Subsection (b) of this section.
4-12 (b) The department shall certify qualified continuing
4-13 education programs. To be eligible for certification, the course
4-14 offered by a program must cover all major topics involved in the
4-15 operation of a bail bond business.
4-16 (c) A fee charged by a provider of continuing education
4-17 shall be retained by the provider to cover the cost of presenting
4-18 the program. The fee must be paid in full by the participant and
4-19 may not be paid for or waived by the provider.
4-20 (d) Each provider of continuing education shall provide the
4-21 department with a list that:
4-22 (1) identifies each person who participated in the
4-23 continuing education program;
4-24 (2) states the number of hours of instruction actually
4-25 attended by that participant; and
5-1 (3) states the fee paid by the participant for the
5-2 continuing education program.
5-3 Sec. 6. CERTIFICATE RENEWAL. A person who holds a
5-4 certificate of registration issued under this article is entitled
5-5 to renew the certificate if the person:
5-6 (1) demonstrates to the satisfaction of the
5-7 commissioner compliance with the continuing education requirements
5-8 imposed under Section 5 of this article;
5-9 (2) pays any required renewal fee; and
5-10 (3) complies with any other requirements for renewal.
5-11 Sec. 7. ADVISORY COUNCIL. (a) The bail bondsman advisory
5-12 council is established as an advisory committee to the department.
5-13 (b) The advisory council is composed of nine members
5-14 appointed by the commissioner as provided by this section.
5-15 (c) The commissioner shall appoint the 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 an active judge in this state
5-19 with 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 an elected prosecuting
5-23 attorney in this state;
5-24 (5) one member shall be a sheriff in this state;
5-25 (6) two members shall be individuals each of whom is
6-1 licensed as an agent for a corporation that acts as a surety and is
6-2 not licensed as a bondsman; and
6-3 (7) two members shall be individuals each of whom is
6-4 licensed to execute bail bonds as a noncorporate surety.
6-5 (d) A member of the advisory council serves a two-year term
6-6 or until the member's successor is appointed. A member who is a
6-7 public official serves for two years or until the member leaves the
6-8 position that qualifies the member for service.
6-9 (e) A member of the advisory council is not entitled to
6-10 compensation for service on the committee but is entitled to
6-11 reimbursement for reasonable travel expenses at the rate provided
6-12 for state employees in the General Appropriations Act.
6-13 (f) The advisory council shall:
6-14 (1) advise the commissioner on the contents of the
6-15 certification examination; and
6-16 (2) assist the department in the evaluation of
6-17 continuing education programs.
6-18 (g) The advisory council may:
6-19 (1) recommend standards for continuing education
6-20 programs, including standards relating to the qualifications of
6-21 program providers and instructors, and the level of program fees;
6-22 (2) recommend topics to be covered in a continuing
6-23 education course; and
6-24 (3) propose rules for adoption by the commissioner to
6-25 implement the provisions of this article.
7-1 (h) The advisory council is not subject to Article 6252-33,
7-2 Revised Statutes.
7-3 SECTION 2. (a) Except as otherwise provided by this
7-4 section, this Act takes effect September 1, 1997.
7-5 (b) 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 (c) 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 (d) 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.