By Hinojosa                                           H.B. No. 3456
         76R8096 GJH-F                           
                                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)-(m) to read as follows:
 1-8           (g)  Except as provided by this section, a [No] bondsman may
 1-9     not execute, in any county, bail bonds that in the aggregate exceed
1-10     10 times the value of the property held as security on deposit or
1-11     in trust under Subsection (f) of this section.
1-12           (h)  If a bondsman has been licensed for fewer than two
1-13     years, the bondsman may execute bail bonds that in the aggregate
1-14     equal 10 times the  value of property held as security under
1-15     Subsection (f)(1) of this section plus five times the value of
1-16     property held in trust under Subsection (f)(2) of this section.
1-17           (i)  If a bondsman has been licensed for at least two years
1-18     and fewer than four years, the bondsman may execute bail bonds that
1-19     in the aggregate equal 10 times the value of property held as
1-20     security under Subsection (f)(1) of this section plus  six times
1-21     the value of property held in trust under Subsection (f)(2) of this
1-22     section.
1-23           (j)  If a bondsman has been licensed for at least four years
1-24     and fewer than six years and the bondsman has not had a license
 2-1     under this Act suspended or revoked, the bondsman may execute bail
 2-2     bonds that in the aggregate equal 10 times the value of property
 2-3     held as security under Subsection (f)(1) of this section plus eight
 2-4     times the value of property held in trust under Subsection (f)(2)
 2-5     of this section.
 2-6           (k)  If a bondsman has been licensed for at least six years
 2-7     and has not had a license under this Act suspended or revoked, the
 2-8     bondsman may execute bail bonds that in the aggregate equal 10
 2-9     times the value of property held as security under Subsection
2-10     (f)(1) of this section plus 10 times the value of property held in
2-11     trust under Subsection (f)(2) of this section.
2-12           (l)  A county officer or employee designated by the board
2-13     shall maintain a current total of the bondsman's potential
2-14     liability on bonds in force, and no further bonds may be written by
2-15     or accepted from the bondsman when the applicable limit is reached.
2-16     When a bondsman's total liability on judgments nisi reaches two
2-17     times the same amount  as he has on deposit as security, no further
2-18     bonds may be written until the bondsman posts additional security
2-19     as required in this subsection.  A bondsman whose license is
2-20     effective may, at any time, by posting additional security,
2-21     increase the bondsman's limit.
2-22           (m) [(h)]  The cash deposit or the funds realized from the
2-23     trust shall be used to pay the final judgments of any bail
2-24     forfeitures that result from the licensee's execution of a bail
2-25     bond, if the licensee fails to satisfy the judgment within 30 days
2-26     after a final judgment of forfeiture.  When any sums are depleted
2-27     from the deposit or trust to pay a judgment resulting from a
 3-1     forfeited bond, the licensee shall, as a condition to continuing as
 3-2     a licensee, replenish the amount so depleted up to the amount of
 3-3     the required minimum deposit to secure other bonds in force.  When
 3-4     the licensee ceases to engage in the business of executing bail
 3-5     bonds and ceases to maintain his license, he may withdraw his
 3-6     security deposit or trust upon presentment of a release by the
 3-7     board, if there are no judgments or bond liabilities, either actual
 3-8     or potential, outstanding against the license.  Any portion of the
 3-9     deposit or trust not used to pay judgments or to secure unexpired
3-10     obligations on existing bonds in force shall be returned to the
3-11     licensee or his heirs or assigns upon presentment of a release by
3-12     the board.
3-13           SECTION 2.  This Act takes effect September 1, 1999.
3-14           SECTION 3.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended.