By Wilson H.B. No. 207
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 TO TEXAS:
1-5 SECTION 1. Title 132, Revised Statutes, is amended by adding
1-6 Article 8913 to read as follows:
1-7 Art. 8913. STATE CERTIFICATION OF BAIL BONDSMEN
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Commission" means the Texas Commission of
1-10 Licensing and Regulation.
1-11 (2) "Commissioner" means the commissioner of licensing
1-12 and regulation.
1-13 (3) "Department" means the Texas Department of
1-14 Licensing and Regulation.
1-15 (4) "Person" includes an individual designated to act
1-16 as an agent of a corporation licensed to execute bail bonds for
1-17 compensation.
1-18 Sec. 2. CERTIFICATE OF REGISTRATION REQUIRED; PENALTY. (a)
1-19 A person may not execute a bail bond in any county of this state as
1-20 a surety for compensation unless the person holds a certificate of
1-21 registration issued under this article. A person is entitled to a
2-1 certificate 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 any fees required by the department.
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; or
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 (c) A person who is exempt under Subsection (b) of this
2-16 section may obtain a certificate of registration from the
2-17 department by filing a sworn statement that demonstrates to the
2-18 satisfaction of the commissioner that the person is eligible for
2-19 the exemption claimed.
2-20 (d) A certificate of registration issued under this article
2-21 expires on the second anniversary of the date of issuance of the
2-22 certificate. The certificate is not transferable.
2-23 (e) A person commits an offense if the person operates as a
2-24 bondsman without a certificate of registration issued under this
2-25 article. An offense under this subsection is a Class A
3-1 misdemeanor.
3-2 Sec. 3. APPLICATION; EXEMPTION. (a) Except as otherwise
3-3 provided by this article, this article applies to a person who
3-4 holds a license issued by a board under Chapter 550, Acts of the
3-5 63rd Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's
3-6 Texas Civil Statutes).
3-7 (b) This article does not apply to a person licensed to
3-8 practice law by the Supreme Court of Texas.
3-9 Sec. 4. CERTIFICATION EXAMINATION; REQUIREMENTS. (a)
3-10 Except as otherwise provided by this article, each person acting as
3-11 a bondsman in this state must pass the certification examination
3-12 required by this section.
3-13 (b) The certification examination must cover topics involved
3-14 in the operation of a bail bond business. The department shall
3-15 write, approve, administer and grade the examination.
3-16 (c) An applicant shall pay an examination fee to the
3-17 department to cover the costs of administering the examination.
3-18 (d) The department shall offer the examination at least
3-19 semiannually.
3-20 (e) A person who fails the examination is entitled to take a
3-21 subsequent examination on the payment of an additional examination
3-22 fee. However, the person must wait a minimum of three months
3-23 before taking a subsequent examination. If a person fails the
3-24 examination twice, the person may not retake the examination before
3-25 the anniversary of the date of the second examination.
4-1 Sec. 5. CONTINUING EDUCATION REQUIREMENTS. (a) To renew
4-2 the certificate of registration, a bondsman must annually complete
4-3 ten hours of continuing education courses through a program
4-4 qualified under Subsection (b) of this section.
4-5 (b) The department shall certify qualified continuing
4-6 education programs. To be eligible for certification, the course
4-7 offered by a program must cover all major topics involved in the
4-8 operation of a bail bond business.
4-9 (c) A provider of continuing education may charge a fee to
4-10 cover the cost of presenting the program.
4-11 (d) Each provider of continuing education shall provide the
4-12 department with a list that:
4-13 (1) identifies each person who participated in the
4-14 continuing education program;
4-15 (2) states the number of hours of instruction actually
4-16 attended by that participant; and
4-17 (3) states the fee paid by the participant for the
4-18 continuing education program.
4-19 Sec. 6. CERTIFICATE RENEWAL. A person who holds a
4-20 certificate of registration issued under this article is entitled
4-21 to renew the certificate if the person:
4-22 (1) demonstrates to the satisfaction of the
4-23 commissioner compliance with the continuing education requirements
4-24 imposed under Section 5 of this article;
4-25 (2) pays any required renewal fee; and
5-1 (3) complies with any other requirements for renewal
5-2 set by the department.
5-3 Sec. 7. ADVISORY COUNCIL. (a) The bail bondsman advisory
5-4 council is established as an advisory committee to the department.
5-5 (b) The advisory council is composed of seven members
5-6 appointed by the commissioner as provided by this section.
5-7 (c) The commissioner shall appoint the remaining five
5-8 members as follows:
5-9 (1) three members shall represent the general public;
5-10 (2) one member shall be a prosecuting attorney from a
5-11 bail bond board county in this state;
5-12 (3) one member shall be a property bondsman licensed
5-13 in this state;
5-14 (4) one member shall be a corporate surety bondsman
5-15 licensed in this state; and
5-16 (5) one member shall be a sheriff in this state.
5-17 (e) A member of the advisory council serves a two-year term
5-18 or until the member's successor is appointed. A member who is a
5-19 public official serves for two years or until the member leaves the
5-20 position that qualifies the member for service; whichever is less.
5-21 (f) A member of the advisory council is not entitled to
5-22 compensation for service on the committee but is entitled to
5-23 reimbursement for reasonable travel expenses at the rate provided
5-24 for state employees in the General Appropriations Act.
5-25 (g) The advisory council shall:
6-1 (1) advise the commissioner on the contents of the
6-2 certification examination; and
6-3 (2) assist the department in the evaluation of
6-4 continuing education programs.
6-5 (h) The advisory council may:
6-6 (1) recommend standards for continuing education
6-7 programs, including standards relating to the qualifications of
6-8 program providers and instructors, and the level of program fees;
6-9 (2) recommend topics to be covered in a continuing
6-10 education course; and
6-11 (3) propose rules for adoption by the commissioner
6-12 relating to the regulation of bail bondsmen registered under this
6-13 article.
6-14 SECTION 2. (a) A person is not required to hold a
6-15 certificate of registration issued under this Act until January 1,
6-16 2000.
6-17 (b) The commissioner of licensing and regulation shall adopt
6-18 rules as necessary to implement this Act, not later than December
6-19 1, 1999.
6-20 SECTION 3. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended.