76R12801 GJH-D
By Hinojosa H.B. No. 3456
Substitute the following for H.B. No. 3456:
By Hinojosa C.S.H.B. No. 3456
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of a bondsman to execute bail bonds.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 6, Chapter 550, Acts of the 63rd
1-5 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-6 Civil Statutes), is amended by amending Subsections (g) and (h) and
1-7 adding Subsections (i)-(k) to read as follows:
1-8 (g) A [No] bondsman who holds a license originally issued
1-9 before September 1, 1999, may not execute, in any county, bail
1-10 bonds that in the aggregate exceed 10 times the value of the
1-11 property held as security on deposit or in trust under Subsection
1-12 (f) of this section.
1-13 (h) A bondsman who holds a license originally issued on or
1-14 after September 1, 1999, and who:
1-15 (1) has been licensed for fewer than two years or has
1-16 had a license under this Act suspended or revoked may not execute
1-17 bail bonds that in the aggregate exceed 10 times the value of
1-18 property held as security under Subsection (f)(1) of this section
1-19 plus five times the value of property held in trust under
1-20 Subsection (f)(2) of this section;
1-21 (2) has been licensed for at least two years and fewer
1-22 than four years may not execute bail bonds that in the aggregate
1-23 exceed 10 times the value of property held as security under
1-24 Subsection (f)(1) of this section plus six times the value of
2-1 property held in trust under Subsection (f)(2) of this section;
2-2 (3) has been licensed for at least four years and
2-3 fewer than six years may not execute bail bonds that in the
2-4 aggregate exceed 10 times the value of property held as security
2-5 under Subsection (f)(1) of this section plus eight times the value
2-6 of property held in trust under Subsection (f)(2) of this section;
2-7 or
2-8 (4) has been licensed for at least six years may not
2-9 execute bail bonds that in the aggregate exceed 10 times the value
2-10 of property held as security under Subsection (f)(1) of this
2-11 section plus 10 times the value of property held in trust under
2-12 Subsection (f)(2) of this section.
2-13 (i) If a bondsman is covered by Subsection (h)(1) because
2-14 the bondsman has had a license under this Act suspended or revoked
2-15 and is also covered by Subsection (h)(2), (3), or (4), the
2-16 prohibition imposed by Subsection (h)(1) controls.
2-17 (j) A county officer or employee designated by the board
2-18 shall maintain a current total of the bondsman's potential
2-19 liability on bonds in force, and no further bonds may be written by
2-20 or accepted from the bondsman when the applicable limit is reached.
2-21 When a bondsman's total liability on judgments nisi reaches two
2-22 times the same amount as he has on deposit as security, no further
2-23 bonds may be written until the bondsman posts additional security
2-24 as required in this subsection. A bondsman whose license is
2-25 effective may, at any time, by posting additional security,
2-26 increase the bondsman's limit.
2-27 (k) [(h)] The cash deposit or the funds realized from the
3-1 trust shall be used to pay the final judgments of any bail
3-2 forfeitures that result from the licensee's execution of a bail
3-3 bond, if the licensee fails to satisfy the judgment within 30 days
3-4 after a final judgment of forfeiture. When any sums are depleted
3-5 from the deposit or trust to pay a judgment resulting from a
3-6 forfeited bond, the licensee shall, as a condition to continuing as
3-7 a licensee, replenish the amount so depleted up to the amount of
3-8 the required minimum deposit to secure other bonds in force. When
3-9 the licensee ceases to engage in the business of executing bail
3-10 bonds and ceases to maintain his license, he may withdraw his
3-11 security deposit or trust upon presentment of a release by the
3-12 board, if there are no judgments or bond liabilities, either actual
3-13 or potential, outstanding against the license. Any portion of the
3-14 deposit or trust not used to pay judgments or to secure unexpired
3-15 obligations on existing bonds in force shall be returned to the
3-16 licensee or his heirs or assigns upon presentment of a release by
3-17 the board.
3-18 SECTION 2. This Act takes effect September 1, 1999.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.