76R13277 T                           
         By Talton                                              H.B. No. 883
         Substitute the following for H.B. No. 883:
         By Talton                                          C.S.H.B. No. 883
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of bail bondsmen.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2(2), Chapter 550, Acts of the 63rd
 1-5     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
 1-6     Civil Statutes), is amended to read as follows:
 1-7                 (2)  "Bondsman" means any person who:
 1-8                       (A)  for hire or for any compensation deposits
 1-9     any cash or bonds or other securities to ensure the appearance in
1-10     court of a person accused of a crime;[,] or
1-11                       (B)  executes as surety or cosurety for any
1-12     consideration:
1-13                             (i)  any bond for other persons; or
1-14                             (ii)  a written undertaking to ensure the
1-15     appearance in court of a person accused of a crime.
1-16           SECTION 2.  Section 3, Chapter 550, Acts of the 63rd
1-17     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-18     Civil Statutes), is amended by amending Subsections (b) and (e) to
1-19     read as follows:
1-20           (b)  No individual is eligible to be licensed as a bondsman
1-21     or act as an agent for a corporate surety [for a license] under
1-22     this Act unless the individual:
1-23                 (1)  is a resident of this state and a citizen of the
1-24     United States;
 2-1                 (2)  is at least 18 years of age;
 2-2                 (3)  possesses sufficient financial resources to
 2-3     provide indemnity against loss on such bonds as he may undertake as
 2-4     bondsman as required by Section 6 of this Article;
 2-5                 (4)  has been continuously employed in all phases of
 2-6     the bonding business by a person licensed under this Act for a
 2-7     period of at least 24 months on the date that the individual
 2-8     applies for the license or applies to act as an agent for a
 2-9     corporate surety, provided, however, that this Subsection shall not
2-10     apply during the first 24 months after a county creates a bail bond
2-11     board; and
2-12                 (5)  has no unpaid final judgment in any county arising
2-13     out of a bail bond forfeiture.
2-14           (e)  Persons licensed to practice law in this state and
2-15     approved by the sheriff as having sufficient security for such
2-16     obligations as they may undertake may execute bail bonds or act as
2-17     sureties for persons they actually represent in criminal cases
2-18     without being licensed under this Act provided the aggregate total
2-19     of all outstanding bail bonds executed by such person in the county
2-20     does not exceed $250,000. If the person wishes to execute bonds
2-21     that in the aggregate exceed this total, such person must apply for
2-22     and be granted a license by the board. All persons executing bail
2-23     bonds under the exception provided by this subsection [they] are
2-24     prohibited from engaging in the practices made the basis for
2-25     revocation of license under this Act and if found by the board
2-26     [sheriff] to have violated any term of this Act, may not qualify
2-27     thereafter under the exception provided in this subsection unless
 3-1     and until they come into compliance with those practices made the
 3-2     basis of revocation under this Act.  Notwithstanding any other
 3-3     provision of this subsection, no person licensed to practice law
 3-4     shall be relieved of liability on a bail bond he has executed for
 3-5     the sole reason that he has not been employed to represent the
 3-6     principal on the merits of the case if he has been paid a fee for
 3-7     the execution of the bail bond.
 3-8           SECTION 3.  Section 4, Chapter 550, Acts of the 63rd
 3-9     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
3-10     Civil Statutes), is amended by amending Subsections (a) and (b) and
3-11     adding Subsections (c) and (d) to read as follows:
3-12           Sec. 4.  RECORDS AND COLLATERAL ACCOUNT REQUIRED OF LICENSE
3-13     HOLDER [LICENSEES].  (a)  A bondsman licensed under this Act shall
3-14     maintain a record of each bond on which the bondsman appears as
3-15     surety and shall maintain a separate set of records for each county
3-16     in which the bondsman is licensed. Such records shall include the
3-17     following information for each bond executed and enforced:
3-18                 (1)  the style and number of the cause in which the
3-19     bond is given and the court in which it is executed;
3-20                 (2)  the name of the defendant released on bond;
3-21                 (3)  the amount of the bail set in the case; and
3-22                 (4)  the amount and type of security held by the
3-23     licensee, together with a statement as to whether the security was
3-24     taken for payment of a bail bond fee or for assurance of the
3-25     principal's appearance in court and the conditions under which the
3-26     security will be returned. [No security shall be held for both the
3-27     payment of a bail bond fee and assurance of the principal's
 4-1     appearance in court that is in excess of the particular risk
 4-2     involved.]
 4-3           (b)  A license holder shall produce a record required to be
 4-4     maintained by this section [The records shall be submitted to the
 4-5     board or a person designated by the board for inspection prior to
 4-6     each renewal of the bondsman's license and shall be available] for
 4-7     inspection on demand by the applicable board on the written request
 4-8     of [demand by] the board or its authorized representative.
 4-9           (c)  A license holder shall maintain a record required by
4-10     this section for four years after final disposition of the case.
4-11           (d)  A bondsman licensed under this Act must execute a
4-12     written agreement that describes the conditions under which
4-13     collateral will be refunded or retained. Collateral may not be
4-14     refunded or retained except in accordance with the written
4-15     agreement. The bondsman shall maintain as trustee a cash collateral
4-16     account separate from other bank accounts used by that bondsman for
4-17     the operation of a bonding business. The bondsman shall deposit
4-18     cash collateral into the cash collateral account not later than the
4-19     fifth banking day after the date of receipt of the cash.
4-20           SECTION 4.  Section 6(b), Chapter 550, Acts of the 63rd
4-21     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
4-22     Civil Statutes), is amended to read as follows:
4-23           (b)  The application of an individual for a license under
4-24     this Act shall be accompanied by a letter [letters] of
4-25     recommendation from each of three reputable persons who have known
4-26     the applicant for a period of at least three years, recommending
4-27     the applicant as having a reputation of honesty, truthfulness, fair
 5-1     dealing, and competency.  If the applicant is a corporation, the
 5-2     letters shall be required for the agent named by the corporation in
 5-3     that application [person to be in charge of its business in the
 5-4     county].  For each county in which the applicant has been licensed
 5-5     under this Act the applicant shall include a sworn statement by the
 5-6     applicant that:
 5-7                 (1)  states the date of each license; and
 5-8                 (2)  states that as of the date of the license
 5-9     application the applicant has no unpaid final judgments of
5-10     forfeiture in each of those counties.  [Each letter shall recommend
5-11     the applicant or person who will be in charge of its business as
5-12     having a reputation of honesty, truthfulness, fair dealing, and
5-13     competency and shall recommend that the license be granted.  If the
5-14     applicant or person to be in charge of its business has been
5-15     licensed under this Act in another county, the application shall be
5-16     accompanied by a letter from each appropriate board stating whether
5-17     or not the applicant is in good standing in the county where he is
5-18     licensed.]
5-19           SECTION 5.  Section 15(a), (g), and (j), Chapter 550, Acts of
5-20     the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
5-21     Vernon's Texas Civil Statutes), are amended to read as follows:
5-22           (a)  In a county with a board, no [No] person [required to be
5-23     licensed under this Act] may act as [execute] a bail bondsman or
5-24     advertise that he may post a bail bond within that county [bond]
5-25     without holding a license issued by that board.
5-26           (g)  No person may place in a detention facility an
5-27     advertisement for a bail bondsman or a device that charges a fee to
 6-1     dispense a bail bond.  For purposes of this subsection, a detention
 6-2     facility includes a police station, jail, prison, or other place in
 6-3     which a person in the custody of a law enforcement official is
 6-4     detained [advertise as a bondsman who does not hold a valid license
 6-5     under this Act].
 6-6           (j)  A person who violates [Subsection (a) or (g) of] this
 6-7     section shall be guilty of a Class A [C] misdemeanor.
 6-8           SECTION 6.  Subsections 15(k) and (l), Chapter 550, Acts of
 6-9     the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
6-10     Vernon's Texas Civil Statutes) are repealed.
6-11           SECTION 7.  Section 14A(a), Chapter 550, Acts of the 63rd
6-12     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
6-13     Civil Statutes) is amended to read as follows:
6-14           (a)  Notwithstanding any law to the contrary, if [for] a
6-15     corporation [that] is in default on two [five] or more bail bonds
6-16     in a county on bonds executed by any single agent for that
6-17     corporation, that agent may not execute any further bail bonds for
6-18     that corporation while those defaults continue [act as a bail
6-19     bondsman in that county].
6-20           SECTION 8.  The changes in law made by this Act to Section
6-21     15, Chapter 550, Acts of the 63rd Legislature, Regular Session,
6-22     1973 (Article 2372p-3, Vernon's Texas Civil Statutes), apply only
6-23     to an offense committed on or after the effective date of this Act.
6-24     For purposes of this section, an offense is committed before the
6-25     effective date of this Act if any element of the offense occurs
6-26     before that date.  An offense committed before the effective date
6-27     of this Act is covered by the law in effect when the offense was
 7-1     committed, and the former law is continued in effect for that
 7-2     purpose.
 7-3           SECTION 9.  The importance of this legislation and the
 7-4     crowded condition of the calendars in both houses create an
 7-5     emergency and an imperative public necessity that the
 7-6     constitutional rule requiring bills to be read on three several
 7-7     days in each house be suspended, and this rule is hereby suspended.