By Giddings H.B. No. 2055
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 the regulation of bail bondsmen and of private
1-3 investigators acting on behalf of sureties on bail bonds; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C. Private Investigators and Private
1-7 Security Agencies Act (Article 4413(29bb) Vernon's Texas Civil
1-8 Statutes), is amended by adding Section 43A to read as follows:
1-9 Sec. 43A EXECUTION OF ARREST WARRANT ON BEHALF OF SURETY ON
1-10 BAIL BOND; OFFENSE. (A) pursuant to the provisions of Section
1-11 17.19(e) of the Texas Penal Code and Article 2372p-3 Vernon's Texas
1-12 Civil Statutes, a private investigator executing an arrest warrant
1-13 on behalf of a surety on a bail bond may not:
1-14 (1) enter a residence without the consent of the
1-15 occupants;
1-16 (2) execute the warrant without written authorization
1-17 from the surety; or
1-18 (3) wear, carry or display any uniform, badge, shield,
1-19 or other insignia or emblem that implies that the private
1-20 investigator is an employee, officer, or agent of the federal
1-21 government, the state, or political subdivision of the state.
2-1 (b) Notwithstanding Subsection (a)(3) of this section, a
2-2 private investigator may display identification that indicates that
2-3 the person is acting on behalf of a surety on a bail bond.
2-4 (c) A person commits an offense if the person violates this
2-5 section. An offense under this section is a state jail felony.
2-6 SECTION 2. Chapter 550, Acts of the 63rd Legislature.
2-7 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
2-8 Statutes), is amended by adding Section 12A to read as follows:
2-9 Sec. 12A USE OF PRIVATE INVESTIGATOR TO EXECUTE ARREST
2-10 WARRANT; OFFENSE. (a) pursuant to the provisions of Section
2-11 17.19(e) of the Texas Penal code, Article 2372p-3, V.T.C.S. and
2-12 Section 43A of Article 4413(29bb) Vernon's Annotated Civil
2-13 Statutes, a surety on a bail bond may not authorize or allow a
2-14 person to execute an arrest warrant on behalf of the surety if the
2-15 person is not a private investigator.
2-16 (b) A person who is not licensed in this state but who holds
2-17 a license as a surety issued in another state may not retain a
2-18 private investigator to execute an arrest warrant in this state
2-19 unless the person contracts with a surety licensed in this state.
2-20 (c) A surety shall give written notice to the board not
2-21 later than 24 hours after the time that the surety retains a
2-22 private investigator to execute an arrest warrant. The notice must
2-23 include:
2-24 (1) the name, date of birth, home and business
2-25 address, and telephone number of the private investigator; and
3-1 (2) an affidavit by the private investigator that the
3-2 private investigator has not been convicted of an offense described
3-3 by Section 43A(d), Private Investigators and Private Securities
3-4 Act, (Article 4413(29bb) Vernon's Texas Civil Statutes).
3-5 (d) A surety shall provide to the board an annual report
3-6 that:
3-7 (1) certifies that the surety has complied with
3-8 subsection (a) of this section;
3-9 (2) lists the name of each private investigator
3-10 retained by the surety to execute an arrest warrant during the
3-11 preceding year; and
3-12 (3) includes with respect to each person listed in
3-13 Subdivision (2) of this subsection:
3-14 (A) the person's home business address;
3-15 (B) the person's date of birth;
3-16 (C) the person's telephone number; and
3-17 (D) a two-inch wide by three-inch high
3-18 photograph of the person's face.
3-19 (e) A person commits an offense if the person violates
3-20 Subsection (a) or (b) of this section. An offense under this
3-21 section is a state jail felony.
3-22 SECTION 3. (a) Except as provided by Subsection (b) of this
3-23 section, this Act takes effect September 1, 1999.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended.