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.