By Keel H.B. No. 3168
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 default on a bail bond.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 17.11, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 17.11. HOW BAIL BOND IS TAKEN
1-7 Sec. 1. Every court, judge, magistrate or other officer
1-8 taking a bail bond shall require evidence of the sufficiency of the
1-9 security offered; but in every case, one surety shall be
1-10 sufficient, if it be made to appear that such surety is worth at
1-11 least double the amount of the sum for which he is bound, exclusive
1-12 of all property exempted by law from execution, and of debts or
1-13 other encumbrances; and that he is a resident of this state, and
1-14 has property therein liable to execution worth the sum for which he
1-15 is bound.
1-16 Sec. 2. Provided, however, any person who has signed as a
1-17 surety on a bail bond and is in default thereon shall thereafter be
1-18 disqualified to sign as a surety so long as he is in default on
1-19 said bond. It shall be the duty of the clerk of the court wherein
1-20 such surety is in default on a bail bond, to notify in writing the
1-21 sheriff, chief of police, or other peace officer, of such default.
2-1 A surety shall be deemed in default from the time the judgment
2-2 becomes final in accordance with the Texas Rules of Civil
2-3 Procedures [trial court enters its final judgment on the scire
2-4 facias until such judgment is satisfied or set aside].
2-5 SECTION 2. This Act takes effect September 1, 1999.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.