By Puente H.B. No. 3500
76R8807 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a licensed bail bondsman's authority to act as a
1-3 bondsman in a county in which the bondsman is not licensed.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4(a), Chapter 550, Acts of the 63rd
1-6 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (a) A bondsman licensed under this Act shall maintain a
1-9 record of each bond on which the bondsman appears as surety and
1-10 shall maintain a separate set of records for each county in which
1-11 the bondsman executes bonds [is licensed]. The records shall
1-12 include the following information for each bond executed and
1-13 enforced:
1-14 (1) the style and number of the cause in which the
1-15 bond is given and the court in which it is executed;
1-16 (2) the name of the defendant released on bond;
1-17 (3) the amount of the bail set in the case; and
1-18 (4) the amount and type of security held by the
1-19 bondsman, together with a statement as to whether the security was
1-20 taken for payment of a bail bond fee or for assurance of the
1-21 principal's appearance in court and the conditions under which the
1-22 security will be returned. No security shall be held for both the
1-23 payment of a bail bond fee and assurance of the principal's
1-24 appearance in court that is in excess of the particular risk
2-1 involved.
2-2 SECTION 2. Section 6, Chapter 550, Acts of the 63rd
2-3 Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
2-4 Civil Statutes), is amended by adding Subsection (i) to read as
2-5 follows:
2-6 (i) Notwithstanding Subsection (a) of this section, a
2-7 person who holds a license issued by a County Bail Bond Board may
2-8 act as a bondsman in any court in a county in which the person is
2-9 not licensed if the sheriff of a county in which the person is
2-10 licensed issues a notarized certificate stating that the person
2-11 meets the requirements of this Act for any bond executed by the
2-12 bondsman outside of that county. A bond issued under this
2-13 subsection is subject to the property held as security on deposit
2-14 or in trust under Subsection (f) of this section in the county for
2-15 which the sheriff has issued the certificate and shall be included
2-16 in the total amount of potential liability recorded for that county
2-17 under Subsection (g) of this section.
2-18 SECTION 3. This Act takes effect September 1, 1999, and
2-19 applies only to a bail bond executed on or after that date. A bail
2-20 bond executed before the effective date of this Act is governed by
2-21 the law in effect on the date the bond was executed, and the former
2-22 law is continued in effect for that purpose.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.