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.