AN ACT
 1-1     relating to the liability of a criminal defendant and the
 1-2     defendant's sureties on a personal bond or a bail bond and to
 1-3     certain procedures relating to a bond; providing a criminal
 1-4     penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 17.08, Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8           Art. 17.08.  REQUISITES OF A BAIL BOND.  A bail bond must
 1-9     [shall be sufficient if it] contain the following requisites:
1-10                 1.  That it be made payable to "The State of Texas";
1-11                 2.  That the defendant and his sureties, if any, bind
1-12     themselves that the defendant will appear before the proper court
1-13     or magistrate to answer the accusation against him;
1-14                 3.  If the defendant is charged with a felony, that it
1-15     state that he is charged with a felony.  If the defendant is
1-16     charged with a misdemeanor, that it state that he is charged with a
1-17     misdemeanor;
1-18                 4.  That the bond be signed by name or mark by the
1-19     principal and sureties, if any, each of whom shall write thereon
1-20     his mailing address;
1-21                 5.  That the bond state the time and place, when and
1-22     where the accused binds himself to appear, and the court or
1-23     magistrate before whom he is to appear.  The bond shall also bind
1-24     the defendant to appear before any court or magistrate before whom
 2-1     the cause may thereafter be pending at any time when, and place
 2-2     where, his presence may be required under this Code or by any court
 2-3     or magistrate, but in no event shall the sureties be bound after
 2-4     such time as the defendant receives an order of deferred
 2-5     adjudication or is acquitted, sentenced, placed on community
 2-6     supervision, or dismissed from the charge;
 2-7                 6.  The bond shall also be conditioned that the
 2-8     principal and sureties, if any, will pay all necessary and
 2-9     reasonable expenses incurred by any and all sheriffs or other peace
2-10     officers in rearresting the principal in the event he fails to
2-11     appear before the court or magistrate named in the bond at the time
2-12     stated therein.  The amount of such expense shall be in addition to
2-13     the principal amount specified in the bond.  The failure of any
2-14     bail bond to contain the conditions specified in this paragraph
2-15     shall in no manner affect the legality of any such bond, but it is
2-16     intended that the sheriff or other peace officer shall look to the
2-17     defendant and his sureties, if any, for expenses incurred by him,
2-18     and not to the State for any fees earned by him in connection with
2-19     the rearresting of an accused who has violated the conditions of
2-20     his bond.
2-21           SECTION 2.  Section 2, Article 17.11, Code of Criminal
2-22     Procedure, is amended to read as follows:
2-23           Sec. 2.  Provided, however, any person who has signed as a
2-24     surety on a bail bond and is in default thereon shall thereafter be
2-25     disqualified to sign as a surety so long as he is in default on
2-26     said bond.  It shall be the duty of the clerk of the court wherein
 3-1     such surety is in default on a bail bond, to notify in writing the
 3-2     sheriff, chief of police, or other peace officer, of such default.
 3-3     A surety shall be deemed in default from the time execution may be
 3-4     issued on a final judgment in a bond forfeiture proceeding under
 3-5     the Texas Rules of Civil Procedure, unless the final judgment is
 3-6     superseded by the posting of a supersedeas bond [the trial court
 3-7     enters its final judgment on the scire facias until such judgment
 3-8     is satisfied or set aside].
 3-9           SECTION 3.  Subsection (a), Article 17.19, Code of Criminal
3-10     Procedure, is amended to read as follows:
3-11           (a)  Any surety, desiring to surrender his principal and
3-12     after notifying the principal's attorney, if the principal is
3-13     represented by an attorney, in a manner provided by Rule 21a, Texas
3-14     Rules of Civil Procedure, of the surety's intention to surrender
3-15     the principal, may file an affidavit of such intention before the
3-16     court or magistrate before which the prosecution is pending.  The
3-17     affidavit must state [the]:
3-18                 (1)  the court and cause number of the case;
3-19                 (2)  the name of the defendant;
3-20                 (3)  the offense with which the defendant is charged;
3-21                 (4)  the date of the bond; [and]
3-22                 (5)  the cause for the surrender; and
3-23                 (6)  that notice of the surety's intention to surrender
3-24     the principal has been given as required by this subsection.
3-25           SECTION 4.  Article 22.10, Code of Criminal Procedure, is
3-26     amended to read as follows:
 4-1           Art. 22.10.  SCIRE FACIAS DOCKET.  When a forfeiture has been
 4-2     declared upon a bond, the court or clerk shall docket the case upon
 4-3     the scire facias or upon the civil docket, in the name of the State
 4-4     of Texas, as plaintiff, and the principal and his sureties, if any,
 4-5     as defendants; and, except as otherwise provided by this chapter,
 4-6     the proceedings had therein shall be governed by the same rules
 4-7     governing other civil suits.
 4-8           SECTION 5.  Article 22.125, Code of Criminal Procedure, is
 4-9     amended to read as follows:
4-10           Art. 22.125.  Powers of the court.  After a judicial
4-11     declaration of forfeiture is entered, the court may proceed with
4-12     the trial required by Article 22.14 of this code.  The court may
4-13     exonerate the defendant and his sureties, if any, from liability on
4-14     the forfeiture, remit the amount of the forfeiture, or set aside
4-15     the forfeiture only as expressly provided by this chapter.  The
4-16     court may approve any proposed settlement of the liability on the
4-17     forfeiture that is agreed to by the state and by the defendant or
4-18     the defendant's sureties, if any.
4-19           SECTION 6.  Chapter 22, Code of Criminal Procedure, is
4-20     amended by adding Article 22.18 to read as follows:
4-21           Art. 22.18.  LIMITATION.  An action by the state to forfeit a
4-22     bail bond under this chapter must be brought not later than the
4-23     fourth anniversary of the date the principal fails to appear in
4-24     court.
4-25           SECTION 7.  Article 23.05, Code of Criminal Procedure, is
4-26     amended to read as follows:
 5-1           Art. 23.05.  CAPIAS AFTER FORFEITURE.  (a)  Where a
 5-2     forfeiture of bail is declared, a capias shall be immediately
 5-3     issued for the arrest of the defendant, and when arrested, in its
 5-4     discretion, the court may require the defendant, in order to be
 5-5     released from custody, to deposit with the custodian of funds of
 5-6     the court in which the prosecution is pending current money of the
 5-7     United States in the amount of the new bond as set by the court, in
 5-8     lieu of a surety bond, unless the forfeiture taken has been set
 5-9     aside under the third subdivision of Article 22.13 of this code, in
5-10     which case the defendant and his sureties shall remain bound under
5-11     the same bail.
5-12           (b)  A capias issued under this article may be executed by a
5-13     peace officer or by a private investigator licensed under the
5-14     Private Investigators and Private Security Agencies Act (Article
5-15     4413 (29bb), Vernon's Texas Civil Statutes).
5-16           SECTION 8.  Subchapter C, Private Investigators and Private
5-17     Security Agencies Act (Article 4413 (29bb), Vernon's Texas Civil
5-18     Statutes), is amended by adding Section 43A to read as follows:
5-19           Sec. 43A.  EXECUTION OF CAPIAS OR ARREST WARRANT ON BEHALF OF
5-20     SURETY ON BAIL BOND; OFFENSE.  (a)  A private investigator
5-21     executing a capias or an arrest warrant on behalf of a surety on a
5-22     bail bond may not:
5-23                 (1)  enter a residence without the consent of the
5-24     occupants;
5-25                 (2)  execute the capias or warrant without written
5-26     authorization from the surety;
 6-1                 (3)  wear, carry, or display any uniform, badge,
 6-2     shield, or other insignia or emblem that implies that the private
 6-3     investigator is an employee, officer, or agent of the federal
 6-4     government, the state, or a political subdivision of the state; or
 6-5                 (4)  notwithstanding Section 9.51, Penal Code, use
 6-6     deadly force.
 6-7           (b)  Notwithstanding Subsection (a)(3) of this section, a
 6-8     private investigator may display identification that indicates that
 6-9     the person is acting on behalf of a surety on a bail bond.
6-10           (c)  A private investigator executing a capias or an arrest
6-11     warrant on behalf of a surety on a bail bond shall immediately take
6-12     the person arrested to:
6-13                 (1)  if the arrest is made in the county in which the
6-14     capias or warrant was issued:
6-15                       (A)  the county jail for that county if:
6-16                             (i)  the offense is a Class A or Class B
6-17     misdemeanor or a felony; or
6-18                             (ii)  the offense is a Class C misdemeanor
6-19     and the capias or warrant was issued by a magistrate of that
6-20     county; or
6-21                       (B)  the municipal jail for the appropriate
6-22     municipality if the offense is a Class C misdemeanor and the capias
6-23     or warrant was issued by a magistrate of the municipality; or
6-24                 (2)  if the arrest is made in a county other than the
6-25     county in which the capias or warrant was issued, the county jail
6-26     for the county in which the arrest is made.
 7-1           (d)  A person commits an offense if the person violates this
 7-2     section.  An offense under this section is a state jail felony.
 7-3           SECTION 9.  (a)  This Act takes effect September 1, 1999.
 7-4           (b)  The changes in law made by Sections 1, 2, 4, 5, and 6 of
 7-5     this Act apply only to a bail bond executed on or after September
 7-6     1, 1999.  A bail bond executed before September 1, 1999, is covered
 7-7     by the law in effect when the bail bond was executed, and the
 7-8     former law is continued in effect for that purpose.
 7-9           (c)  The changes in law made by Sections 7 and 8 of this Act
7-10     apply only to a capias or an arrest warrant issued on or after
7-11     September 1, 1999.
7-12           SECTION 10.  The importance of this legislation and the
7-13     crowded condition of the calendars in both houses create an
7-14     emergency and an imperative public necessity that the
7-15     constitutional rule requiring bills to be read on three several
7-16     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 403 passed the Senate on
         April 30, 1999, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 28, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 403 passed the House, with
         amendments, on May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor