76R10596 KEL-D
By Keel H.B. No. 3168
Substitute the following for H.B. No. 3168:
By Keel C.S.H.B. No. 3168
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duration of a default on a bond forfeiture
1-3 judgment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 17.11, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 Sec. 2. Provided, however, any person who has signed as a
1-8 surety on a bail bond and is in default thereon shall thereafter be
1-9 disqualified to sign as a surety so long as he is in default on
1-10 said bond. It shall be the duty of the clerk of the court wherein
1-11 such surety is in default on a bail bond, to notify in writing the
1-12 sheriff, chief of police, or other peace officer, of such default.
1-13 A surety shall be deemed in default from the time the judgment may
1-14 be executed in accordance with the Texas Rules of Civil Procedure
1-15 [trial court enters its final judgment on the scire facias] until
1-16 the time the [such] judgment is satisfied or set aside. For
1-17 purposes of this section, a surety is not considered in default on
1-18 a bail bond if it deposits with the appropriate court cash in the
1-19 full amount of the judgment, pending appeal. The deposit shall be
1-20 applied to the payment of any final judgment in the case.
1-21 SECTION 2. Subsection (c), Section 14A, Chapter 550, Acts of
1-22 the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
1-23 Vernon's Texas Civil Statutes), is amended to read as follows:
1-24 (c) A corporation is considered in default on a bail bond
2-1 from the time the judgment may be executed in accordance with the
2-2 Texas Rules of Civil Procedure [trial court enters its final
2-3 judgment on the scire facias] until the time the judgment is
2-4 satisfied or set aside.
2-5 SECTION 3. The change in law made by this Act applies only
2-6 to an entity that posts bond in connection with an offense
2-7 committed on or after the effective date of this Act. An entity
2-8 that posts bond in connection with an offense committed before the
2-9 effective date of this Act is covered by the law in effect when the
2-10 offense was committed, and the former law is continued in effect
2-11 for that purpose. For purposes of this section, an offense is
2-12 committed before the effective date of this Act if any element of
2-13 the offense occurs before the effective date.
2-14 SECTION 4. This Act takes effect September 1, 1999.
2-15 SECTION 5. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.