1-1 By: Hinojosa (Senate Sponsor - Carona) H.B. No. 3456
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the power of a bondsman to execute bail bonds.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 6, Chapter 550, Acts of the 63rd
1-11 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-12 Civil Statutes), is amended by amending Subsections (g) and (h) and
1-13 adding Subsections (i)-(k) to read as follows:
1-14 (g) A [No] bondsman who holds a license originally issued
1-15 before September 1, 1999, may not execute, in any county, bail
1-16 bonds that in the aggregate exceed 10 times the value of the
1-17 property held as security on deposit or in trust under Subsection
1-18 (f) of this section.
1-19 (h) A bondsman who holds a license originally issued on or
1-20 after September 1, 1999, and who:
1-21 (1) has been licensed for fewer than two years or has
1-22 had a license under this Act suspended or revoked may not execute
1-23 bail bonds that in the aggregate exceed 10 times the value of
1-24 property held as security under Subsection (f)(1) of this section
1-25 plus five times the value of property held in trust under
1-26 Subsection (f)(2) of this section;
1-27 (2) has been licensed for at least two years and fewer
1-28 than four years may not execute bail bonds that in the aggregate
1-29 exceed 10 times the value of property held as security under
1-30 Subsection (f)(1) of this section plus six times the value of
1-31 property held in trust under Subsection (f)(2) of this section;
1-32 (3) has been licensed for at least four years and
1-33 fewer than six years may not execute bail bonds that in the
1-34 aggregate exceed 10 times the value of property held as security
1-35 under Subsection (f)(1) of this section plus eight times the value
1-36 of property held in trust under Subsection (f)(2) of this section;
1-37 or
1-38 (4) has been licensed for at least six years may not
1-39 execute bail bonds that in the aggregate exceed 10 times the value
1-40 of property held as security under Subsection (f)(1) of this
1-41 section plus 10 times the value of property held in trust under
1-42 Subsection (f)(2) of this section.
1-43 (i) If a bondsman is covered by Subsection (h)(1) because
1-44 the bondsman has had a license under this Act suspended or revoked
1-45 and is also covered by Subsection (h)(2), (3), or (4), the
1-46 prohibition imposed by Subsection (h)(1) controls.
1-47 (j) A county officer or employee designated by the board
1-48 shall maintain a current total of the bondsman's potential
1-49 liability on bonds in force, and no further bonds may be written by
1-50 or accepted from the bondsman when the applicable limit is reached.
1-51 When a bondsman's total liability on judgments nisi reaches two
1-52 times the same amount as he has on deposit as security, no further
1-53 bonds may be written until the bondsman posts additional security
1-54 as required in this subsection. A bondsman whose license is
1-55 effective may, at any time, by posting additional security,
1-56 increase the bondsman's limit.
1-57 (k) [(h)] The cash deposit or the funds realized from the
1-58 trust shall be used to pay the final judgments of any bail
1-59 forfeitures that result from the licensee's execution of a bail
1-60 bond, if the licensee fails to satisfy the judgment within 30 days
1-61 after a final judgment of forfeiture. When any sums are depleted
1-62 from the deposit or trust to pay a judgment resulting from a
1-63 forfeited bond, the licensee shall, as a condition to continuing as
1-64 a licensee, replenish the amount so depleted up to the amount of
2-1 the required minimum deposit to secure other bonds in force. When
2-2 the licensee ceases to engage in the business of executing bail
2-3 bonds and ceases to maintain his license, he may withdraw his
2-4 security deposit or trust upon presentment of a release by the
2-5 board, if there are no judgments or bond liabilities, either actual
2-6 or potential, outstanding against the license. Any portion of the
2-7 deposit or trust not used to pay judgments or to secure unexpired
2-8 obligations on existing bonds in force shall be returned to the
2-9 licensee or his heirs or assigns upon presentment of a release by
2-10 the board.
2-11 SECTION 2. This Act takes effect September 1, 1999.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 * * * * *