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.