By Talton H.B. No. 884 76R3004 JMC-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of a private investigator or security 1-3 officer to execute a capias issued after a forfeiture of bail. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 23.05, Code of Criminal Procedure, is 1-6 amended to read as follows: 1-7 Art. 23.05. CAPIAS AFTER FORFEITURE. (a) Where a 1-8 forfeiture of bail is declared, a capias shall be immediately 1-9 issued for the arrest of the defendant, and when arrested, in its 1-10 discretion, the court may require the defendant, in order to be 1-11 released from custody, to deposit with the custodian of funds of 1-12 the court in which the prosecution is pending current money of the 1-13 United States in the amount of the new bond as set by the court, in 1-14 lieu of a surety bond, unless the forfeiture taken has been set 1-15 aside under the third subdivision of Article 22.13 of this code, in 1-16 which case the defendant and his sureties shall remain bound under 1-17 the same bail. 1-18 (b) A capias issued under this article may be executed by a 1-19 peace officer or a private investigator or security officer 1-20 licensed under the Private Investigators and Private Security 1-21 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes). 1-22 SECTION 2. This Act takes effect September 1, 1999, and 1-23 applies only to a capias issued under Article 23.05, Code of 1-24 Criminal Procedure, as amended by this Act, on or after that date. 2-1 SECTION 3. The importance of this legislation and the 2-2 crowded condition of the calendars in both houses create an 2-3 emergency and an imperative public necessity that the 2-4 constitutional rule requiring bills to be read on three several 2-5 days in each house be suspended, and this rule is hereby suspended.