By Armbrister S.B. No. 739
76R3050 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of bail bondsmen.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 550, Acts of the 63rd Legislature,
1-5 Regular Session, 1973 (Article 2372p-3, Vernon's Texas Civil
1-6 Statutes), is amended to read as follows:
1-7 Art. 2372p-3. LICENSING AND REGULATION OF BAIL BONDSMEN
1-8 Sec. 1. DECLARATION OF POLICY; APPLICATION. (a) The
1-9 business of executing bail bonds is declared to be a business
1-10 affecting the public interest. It is declared to be the policy of
1-11 this state to provide reasonable regulation to the end that the
1-12 right of bail be preserved and implemented by just and practical
1-13 procedures governing the giving or making of bail bond and other
1-14 security to guarantee appearance of the accused.
1-15 (b) Sections 2 through 13 and 16 of this Act do not apply in
1-16 a county with a population of less than 110,000 unless a board has
1-17 been created in that county.
1-18 Sec. 2. DEFINITIONS. In this Act:
1-19 (1) "Agent for a corporate surety" means an individual
1-20 who, as attorney in fact for a corporate surety, executes a written
1-21 undertaking to assure the appearance in court of a person accused
1-22 of a crime.
1-23 (2) "Applicant" means a person who has applied for a
1-24 license under this Act as an individual surety, a corporate surety,
2-1 or an agent for a corporate surety.
2-2 (3) [(6)] "Board" means a [the] County Bail Bond
2-3 Board.
2-4 (4) [(5)] "Bond" means a [includes] cash deposit, a
2-5 pledge of real property, or a [and any] similar deposit or written
2-6 undertaking to assure the appearance in court of a person accused
2-7 of a crime.
2-8 (5) [(3)] "Bonding Business" means the occupation in
2-9 which a bondsman is engaged.
2-10 (6) [(2)] "Bondsman" means:
2-11 (A) an individual surety;
2-12 (B) a corporate surety; or
2-13 (C) an agent for a corporate surety.
2-14 (7) "Corporate surety" means a corporation that:
2-15 (A) is chartered or admitted to do business in
2-16 this state;
2-17 (B) is qualified under the Insurance Code to
2-18 write a surety bond; and
2-19 (C) executes a written undertaking to assure the
2-20 appearance in court of a person accused of a crime.
2-21 (8) "Final judgment of forfeiture" means a final
2-22 judgment of forfeiture that has not been superseded by the posting
2-23 of a supersedeas bond.
2-24 (9) "Individual surety" means an individual who:
2-25 (A) for compensation deposits cash or bonds or
2-26 other security to assure the appearance in court of a person
2-27 accused of a crime; or
3-1 (B) executes a written undertaking to assure the
3-2 appearance in court of a person accused of a crime.
3-3 (10) "License holder" means a person who holds a
3-4 license under this Act as an individual surety, a corporate surety,
3-5 or an agent for a corporate surety [any person who for hire or for
3-6 any compensation deposits any cash or bonds or other securities, or
3-7 executes as surety or cosurety any bond for other persons].
3-8 (11) [(1)] "Person" means an individual or
3-9 corporation.
3-10 [(4) "Company" includes corporations and other
3-11 business entities.]
3-12 Sec. 3. LICENSING REQUIREMENTS [REQUIREMENT] AND
3-13 ELIGIBILITY. [The provisions of this Act apply only to the
3-14 execution of bail bonds in counties having a population of more
3-15 than 110,000 according to the last federal census or in counties of
3-16 less than 110,000 where a board has been created. The creation of
3-17 the board is within the discretion of a majority of the officers of
3-18 the county who would be members of, or who would designate members
3-19 of, the board as provided under Subsection (b) of this section.]
3-20 (a) A [In a county that has a board, no] person may not act
3-21 as a bondsman in a county subject to this Act other than a bondsman
3-22 licensed in that county [except:]
3-23 [(1) persons licensed under this Act, and]
3-24 [(2) persons licensed to practice law in this state
3-25 who meet the requirements set forth in Subsection (e) of Section 3
3-26 of this Act].
3-27 (b) An [No] individual is not eligible for a license as an
4-1 individual surety or as an agent for a corporate surety [under this
4-2 Act] unless the individual:
4-3 (1) is a resident of this state and a citizen of the
4-4 United States;
4-5 (2) is at least 18 years of age;
4-6 (3) has not, in the ten years preceding the date of
4-7 the license application, been finally convicted of a felony or a
4-8 misdemeanor involving moral turpitude;
4-9 (4) does not have an unpaid final judgment of
4-10 forfeiture on a bond executed by that individual as an individual
4-11 surety or as an agent for a corporate surety in the county in which
4-12 the individual is licensed;
4-13 (5) has been continuously employed in the bonding
4-14 business by a license holder for at least one year; and
4-15 (6) possesses sufficient financial resources to
4-16 provide indemnity against loss on an obligation that the individual
4-17 [such obligations as he] may undertake [as required by Section 6 of
4-18 this Article].
4-19 (c) A [No person shall be eligible for a license under this
4-20 Act, who after the effective date of this Act, commits an offense
4-21 for which he is finally convicted, such offense being a felony or
4-22 misdemeanor involving moral turpitude.]
4-23 [(d) No] corporation is not eligible to be licensed as a
4-24 corporate surety unless the corporation is:
4-25 (1) [it is] chartered or admitted to do business in
4-26 this state; and
4-27 (2) [it is] qualified to write a fidelity, guaranty,
5-1 or [and] surety bond [bonds] under the [Texas] Insurance Code[, as
5-2 amended].
5-3 [(e) Persons licensed to practice law in this state may
5-4 execute bail bonds or act as sureties for persons they actually
5-5 represent in criminal cases without being licensed under this Act,
5-6 but they are prohibited from engaging in the practices made the
5-7 basis for revocation of license under this Act and if found by the
5-8 sheriff to have violated any term of this Act, may not qualify
5-9 thereafter under the exception provided in this subsection unless
5-10 and until they come into compliance with those practices made the
5-11 basis of revocation under this Act. Notwithstanding any other
5-12 provision of this subsection, no person licensed to practice law
5-13 shall be relieved of liability on a bail bond he has executed for
5-14 the sole reason that he has not been employed to represent the
5-15 principal on the merits of the case if he has been paid a fee for
5-16 the execution of the bail bond.]
5-17 Sec. 4. RECORDS AND COLLATERAL ACCOUNT REQUIRED OF LICENSE
5-18 HOLDER [LICENSEES]. (a) An individual [A bondsman] licensed under
5-19 this Act shall maintain a record of each bond that the individual
5-20 executes in either an individual capacity or as agent for a
5-21 corporate [on which the bondsman appears as] surety [and shall
5-22 maintain a separate set of records for each county in which the
5-23 bondsman is licensed]. The individual [records] shall separately
5-24 maintain the records for each county in which the individual is
5-25 licensed. The records must include the following information for
5-26 each bond the individual has executed [and enforced]:
5-27 (1) the style and number of the cause in which the
6-1 bond is given and the court in which it is executed;
6-2 (2) the name of the defendant released on bond;
6-3 (3) the amount of the bail set in the case; and
6-4 (4) the amount and type of security held by the
6-5 bondsman, together with a statement as to whether the security was
6-6 taken for payment of a bail bond fee or for assurance of the
6-7 principal's appearance in court and the conditions under which the
6-8 security will be returned. [No security shall be held for both the
6-9 payment of a bail bond fee and assurance of the principal's
6-10 appearance in court that is in excess of the particular risk
6-11 involved.]
6-12 (b) A license holder shall produce a record required to be
6-13 maintained by this section [The records shall be submitted to the
6-14 board or a person designated by the board for inspection prior to
6-15 each renewal of the bondsman's license and shall be available] for
6-16 inspection by the applicable board on the written request of
6-17 [demand by] the board or its authorized representative.
6-18 (c) A license holder shall maintain a record required by
6-19 this section at a location convenient to the license holder. The
6-20 record shall be maintained for at least four years after final
6-21 disposition of the case.
6-22 (d) An individual licensed under this Act shall maintain as
6-23 trustee a cash collateral account separate from other bank accounts
6-24 used by that individual for the operation of a bonding business.
6-25 The individual must execute a written agreement that describes the
6-26 conditions under which collateral will be refunded or retained.
6-27 The individual shall deposit cash collateral into the collateral
7-1 account not later than the first banking day after the date of
7-2 receipt of the cash. A disbursement may not be made from the cash
7-3 collateral account for a purpose other than as a refund of the
7-4 collateral on final disposition of the case for which the
7-5 collateral was posted with the individual or on entry of a final
7-6 judgment of forfeiture. Cash collateral may not be retained except
7-7 in accordance with the terms of the written agreement.
7-8 Sec. 5. COUNTY BAIL BOND BOARD. (a) There is [hereby]
7-9 created in each county [all counties] having a population of
7-10 110,000 or more[, according to the last preceding federal census,]
7-11 a County Bail Bond Board. In a county with a population [counties]
7-12 of less than 110,000, the creation of a [the] board is within the
7-13 discretion of a majority of the officers of the county who would
7-14 be members of, or who would designate members of, the board as
7-15 provided under Subsection (b) of this section.
7-16 (b) A board consists [The County Bail Bond Board shall be
7-17 composed] of the following persons:
7-18 (1) the county sheriff or a designee from the
7-19 sheriff's [his] office who is the sheriff's [may be his]
7-20 administrator or a deputy sheriff of the rank of sergeant or
7-21 greater;
7-22 (2) a district judge of the county having jurisdiction
7-23 over criminal matters designated annually by the presiding judge of
7-24 the administrative judicial district;
7-25 (3) the county judge or a member of the commissioners
7-26 court designated by the county judge[, or a designee approved by
7-27 the commissioners court];
8-1 (4) a judge of a county court or a county court at law
8-2 in the county having jurisdiction over criminal matters designated
8-3 annually by the presiding judge of the administrative judicial
8-4 district [by the commissioners court];
8-5 (5) the district attorney or the district attorney's
8-6 [his] designee, who must be [if that person is] an assistant
8-7 district attorney;
8-8 (6) a [licensed] bondsman[,] licensed in the county,
8-9 who shall be elected annually by secret ballot by the other
8-10 bondsmen who are licensed in the county [licensees];
8-11 (7) a justice of the peace designated annually by the
8-12 presiding judge of the administrative judicial district;
8-13 (8) the district clerk or the district clerk's [his]
8-14 designee who must be an employee in the district clerk's office;
8-15 (9) the county clerk or the county clerk's [a]
8-16 designee who must be an employee in the county clerk's [from his]
8-17 office, except in a county [those counties] where the county clerk
8-18 has no criminal matters jurisdiction;
8-19 (10) the county treasurer or the treasurer's designee
8-20 who must be an employee in the treasurer's office, or in a county
8-21 without the office of county treasurer, the county auditor or the
8-22 auditor's designee who must be an employee in the auditor's office
8-23 [the board may appoint a presiding judge of a municipal court
8-24 located within the county]; and
8-25 (11) a [the presiding] municipal judge of the most
8-26 populous [principal] city in the [a] county designated annually by
8-27 the presiding judge of the administrative judicial district [in
9-1 which the principal city designates a presiding judge in its
9-2 municipal court system; and]
9-3 [(12) the county treasurer or the treasurer's designee
9-4 except in those counties that have no county treasurer, in which
9-5 case the county commissioners court may designate the person who
9-6 carries out the duties of the county treasurer to serve on the
9-7 board].
9-8 (c) A [The] board shall annually [meet within 60 days after
9-9 its creation. The board shall initially] elect one of its members
9-10 as presiding officer [chairman who shall preside at all meetings to
9-11 be held thereafter at the call of the chairman]. The presiding
9-12 officer may vote on any matter pending before the board.
9-13 (d) A board shall hold its initial meeting not later than
9-14 the 60th day after the date on which the board is created.
9-15 Thereafter the board shall meet at least once a month and on the
9-16 call of the presiding officer.
9-17 (e) Four members of a [the] board [shall] constitute a
9-18 quorum [for the conduct of business]. Board [All] action requires
9-19 [by the board shall require the vote of] a majority vote by [of]
9-20 the members present and voting. [The board shall meet at least
9-21 once a month.]
9-22 (f) Each rule or action [(e) Unless clearly not required by
9-23 this Act, all rules, regulations, and actions] of a [the] board
9-24 passed under [pursuant to] this Act shall be posted at an
9-25 appropriate place in the county courthouse and at each location in
9-26 the county where a bond may be accepted for a period of 10 days
9-27 prior to their effective date.
10-1 (g) A board shall post a proposed rule at the county
10-2 courthouse and at each location in the county where a bond may be
10-3 accepted for a period of at least 30 days before the date of
10-4 consideration and adoption of the rule by the board.
10-5 (h) A [(f) In addition to the powers and duties given to
10-6 the County Bail Bond Board by this Act, the] board has the
10-7 following powers and duties:
10-8 (1) [To exercise any powers incidental or necessary to
10-9 the administration of this Act, to supervise and regulate all
10-10 phases of the bonding business and enforce this Act within the
10-11 county, and to prescribe and post any rules necessary to implement
10-12 this Act;]
10-13 [(2)] To conduct hearings and investigations and make
10-14 determinations respecting the issuance, refusal, suspension, or
10-15 revocation of licenses to bondsmen, [within the provisions of this
10-16 Act and] to issue licenses to those applicants who qualify under
10-17 the terms of this Act, to refuse licenses to those applicants who
10-18 do not qualify, and to suspend or revoke the licenses of license
10-19 holders [licensees] who violate [commit violations under] this Act
10-20 or board [the] rules adopted [prescribed by the board] under this
10-21 Act;
10-22 (2) [(3)] To require an applicant or license holder
10-23 [applicants and licensees] to appear before the board, and to
10-24 administer oaths, examine witnesses, and compel the production of
10-25 pertinent books, accounts, records, documents, and testimony by the
10-26 license holder [licensee] or applicant in its hearings;
10-27 (3) [(4)] To cause records and transcripts to be made
11-1 of all its proceedings;
11-2 (4) [(5)] To maintain records and minutes and
11-3 otherwise operate its office affairs;
11-4 (5) [(6)] To employ [such] employees to assist the
11-5 board in its functions as necessary;
11-6 (6) [(7)] To furnish and post in each court in the
11-7 county having jurisdiction of criminal cases and each local
11-8 official responsible for the detention of prisoners in the county
11-9 with current lists of the bondsmen [and their agents] licensed and
11-10 approved in the county and to notify immediately each court and
11-11 local official when a bondsman's license is suspended or revoked or
11-12 an agent's authority is rescinded; [and]
11-13 (7) [(8)] To file reports and furnish information on
11-14 the operation of the bonding business in the county at the request
11-15 of the Texas Judicial Council which shall report annually to the
11-16 governor and the legislature on or before December 1 of each year
11-17 on the operation of the bonding business in the state; and
11-18 (8) To exercise powers necessary to administer this
11-19 Act, to supervise and regulate the bonding business consistently
11-20 under this Act, to enforce this Act in the county, and to prescribe
11-21 and post rules necessary to implement this Act.
11-22 (i) A board may not:
11-23 (1) require a license holder to be a resident of the
11-24 county or to maintain a place of business in the county;
11-25 (2) inquire into or require proof of the sufficiency
11-26 of the security, solvency, or credit of a corporate surety or its
11-27 agent;
12-1 (3) limit the number of agents that a corporate surety
12-2 may appoint in a county;
12-3 (4) limit the number of license holders in a county;
12-4 (5) limit the number of employees that a license
12-5 holder may employ;
12-6 (6) limit the duties that may be performed by an
12-7 employee of a license holder, except that an employee of a license
12-8 holder may not act as a bondsman without obtaining a license as a
12-9 bondsman;
12-10 (7) limit the dollar amount or number of bonds that a
12-11 corporate surety may execute;
12-12 (8) limit the dollar amount or number of bonds that an
12-13 individual surety may execute except as provided by Section 8 of
12-14 this Act;
12-15 (9) limit the dollar amount or number of bonds that an
12-16 agent for a corporate surety may execute except as provided under
12-17 Section 9 of this Act;
12-18 (10) require a license holder to post more than the
12-19 minimum amount of security under Section 6 of this Act or to choose
12-20 the type of security that an individual shall post with the county
12-21 under Section 6 of this Act;
12-22 (11) require a license holder to be physically present
12-23 in order to post a bond; or
12-24 (12) require a corporation to appear by any means
12-25 other than by an attorney licensed to practice law in this state.
12-26 (j) Each fee collected by a board under this Act shall be
12-27 deposited in the county's general fund for use in the
13-1 administration and enforcement of this Act. The board may receive
13-2 disbursements from the general fund for reasonable expenses
13-3 incurred in the enforcement of this Act, but service on the board
13-4 is considered an additional duty of office, and the members of a
13-5 board are not entitled to compensation for the service. A member
13-6 is entitled to reimbursement for any expenses actually incurred as
13-7 a result of the service.
13-8 Sec. 6. APPLICATION AND ISSUANCE OF LICENSE. (a) A [Any]
13-9 person desiring to act as a bondsman in [any court of] the county
13-10 shall file with the board [County Bail Bond Board] a sworn
13-11 application for a license. The application must [shall] be on a
13-12 [in such] form prescribed by [and shall contain such information
13-13 as] the board and accompanied by a $500 application fee.
13-14 (b) If the applicant is an individual applying for a license
13-15 as an individual surety, the application must contain [may
13-16 prescribe including the following]
13-17 (1) The name, birth date [age], and residence address
13-18 of the applicant[, and if the applicant is a surety corporation,
13-19 and whether chartered or admitted to do business in this state and
13-20 qualified to write fidelity, guaranty, and surety bonds under the
13-21 Texas Insurance Code, as amended];
13-22 (2) The name under which the applicant will conduct
13-23 the bonding business [shall be conducted];
13-24 (3) The name and business address of each location at
13-25 which the applicant intends to conduct the bonding business [of the
13-26 place or places, including street address and city, wherein the
13-27 business is to be conducted];
14-1 (4) A statement listing cash, cash equivalent, or real
14-2 estate that the applicant intends to place with the county as
14-3 security for an obligation that the applicant may undertake in that
14-4 county, and, if the applicant intends to place:
14-5 (A) real estate as security, a statement listing
14-6 [any] nonexempt real estate owned by the applicant that the
14-7 applicant intends to convey in trust to the board to secure payment
14-8 of any obligations incurred by the applicant in the bonding
14-9 business if the license is approved, including, [granted. The
14-10 following shall be included] for each parcel listed:
14-11 (i) [(A)] a legal description equivalent
14-12 to the description required to convey the property by general
14-13 warranty deed;
14-14 (ii) [(B)] current statements from each
14-15 taxing unit with power to assess or collect taxes against the
14-16 property indicating that there are no outstanding tax liens against
14-17 the property and indicating the net value of the property according
14-18 to the current appraisal made by a real estate appraiser who is a
14-19 member in good standing of a nationally recognized professional
14-20 appraiser society or trade organization that has an established
14-21 code of ethics, educational program, and professional certification
14-22 program, accompanied by a statement from the applicant agreeing to
14-23 keep all taxes paid on the property while it remains in trust;
14-24 (iii) a statement from the county's
14-25 central appraisal district indicating the property's current
14-26 appraised value as shown on the county's most recent certified tax
14-27 roll;
15-1 (iv) [(C)] a statement from [of] the
15-2 applicant that the applicant [he] will not further encumber the
15-3 property after conveying it in trust to the board [County Bail Bond
15-4 Board], without notifying and obtaining the permission of the
15-5 board;
15-6 (v) [(D)] an agreement to insure and keep
15-7 current the insurance on any improvements on the property against
15-8 any damage or destruction while the property remains in trust, in
15-9 the full amount of the value claimed for the improvements; and
15-10 (vi) [(E)] a statement indicating whether
15-11 the applicant is married and, if so, a sworn statement from the
15-12 spouse agreeing to transfer to the board, as a part of the trust,
15-13 any right, title, or interest that the spouse may have in the
15-14 property; and the spouse must execute the deeds of trust to any
15-15 community property conveyed in trust to the board [placed in the
15-16 security deposit required under this section]; and
15-17 (B) cash or cash equivalent as security, a
15-18 [(5) A] statement listing [indicating] the cash amount [of cash or
15-19 cash value] of a [any] certificate of deposit, [or] cashier's
15-20 check, or letter of credit that [checks which] the applicant
15-21 intends to place on deposit with the county treasurer to secure
15-22 payment of an obligation [any obligations] incurred by the
15-23 applicant in the bonding business if the license is approved
15-24 [granted];
15-25 (5) [(6)] A complete, sworn financial statement;
15-26 (6) [(7)] A declaration by the applicant that the
15-27 applicant [he] will comply with this Act and board [the] rules;
16-1 [prescribed by the board.]
16-2 (7) A letter [(b) The application of an individual
16-3 for a license under this Act shall be accompanied by letters] of
16-4 recommendation from each of three reputable persons who have known
16-5 the applicant for a period of at least three years, recommending[.
16-6 If the applicant is a corporation, the letters shall be required
16-7 for the person to be in charge of its business in the county. Each
16-8 letter shall recommend] the applicant [or person who will be in
16-9 charge of its business] as having a reputation of honesty,
16-10 truthfulness, fair dealing, and competency and [shall recommend]
16-11 that the license be approved; and [granted. If the applicant or
16-12 the person to be in charge of its business has been licensed under
16-13 this Act in another county, the application shall be accompanied by
16-14 a letter from each appropriate board stating whether or not the
16-15 applicant is in good standing in the county where he is licensed.]
16-16 (8) For each county in which the applicant has been
16-17 licensed under this Act during the preceding ten years a statement
16-18 by the applicant that:
16-19 (A) states the date of each license; and
16-20 (B) describes each unpaid final judgment of
16-21 forfeiture on a bond executed by the applicant as individual surety
16-22 or agent for a corporate surety within that county.
16-23 (c) If an applicant is a corporation applying for a license
16-24 as a corporate surety, the application must contain:
16-25 (1) the name of the applicant and the address of the
16-26 applicant's corporate headquarters;
16-27 (2) the name and address of the individual authorized
17-1 by the applicant to receive service of process for the applicant;
17-2 (3) a copy of the certificate of authority issued by
17-3 the Texas Department of Insurance indicating that the applicant is
17-4 qualified under the Insurance Code to write a surety bond;
17-5 (4) a declaration by the applicant that it will comply
17-6 with this Act and rules prescribed by the board; and
17-7 (5) for each county in which the applicant has been
17-8 licensed under this Act during the preceding ten years, a statement
17-9 by the applicant that:
17-10 (A) states the dates of each license; and
17-11 (B) describes each unpaid final judgment of
17-12 forfeiture on a bond executed by the applicant in that county.
17-13 (d) If the applicant is an individual applying for a license
17-14 as an agent for a corporate surety, the application must contain:
17-15 (1) the name, birth date, and residence address of the
17-16 applicant;
17-17 (2) the name under which the applicant will conduct a
17-18 bonding business;
17-19 (3) the name and business address of each place where
17-20 the applicant intends to conduct a bonding business;
17-21 (4) a statement listing the cash amount of a
17-22 certificate of deposit, cashier's check, or letter of credit that
17-23 the applicant intends to place on deposit with the county treasurer
17-24 to secure payment of an obligation incurred by the applicant in the
17-25 bonding business if the license is approved;
17-26 (5) a declaration by the applicant that the applicant
17-27 will comply with this Act and board rules;
18-1 (6) a letter of recommendation from each of three
18-2 reputable persons who have known the applicant for a period of at
18-3 least three years, recommending the applicant as having a
18-4 reputation of honesty, truthfulness, fair dealing, and competency
18-5 and that the license be approved; and
18-6 (7) for each county in which the applicant has been
18-7 licensed under this Act during the preceding ten years, a statement
18-8 by the applicant that:
18-9 (A) states the dates of each license; and
18-10 (B) describes each unpaid final judgment of
18-11 forfeiture on a bond executed by the applicant as individual surety
18-12 or agent for a corporate surety within that county.
18-13 (e) A law enforcement officer designated by the board shall
18-14 take a photograph and a set of fingerprints of each individual
18-15 applicant.
18-16 (f) Before [The application shall be accompanied by a fee of
18-17 $500 for the filing of any original application, a photograph of
18-18 the applicant, and a set of fingerprints of the applicant taken by
18-19 a law enforcement officer designated by the board.]
18-20 [(d) Prior to] a hearing on an [the] application, a [the]
18-21 board or its authorized representative shall conduct an inquiry
18-22 [necessary inquiries] to determine whether an [the] applicant for
18-23 an individual surety license possesses the financial responsibility
18-24 required by [and meets other requirements of] this Act.
18-25 (g) [(e)] A hearing shall be held on the application after
18-26 the board conducts the inquiry [inquiries] required by Subsection
18-27 (f) [(d)] of this section. The hearing must be held not earlier
19-1 than the 30th day or later than the 60th day after the date on
19-2 which the applicant files the application. The board may submit
19-3 any questions to the applicant and the applicant's agents relevant
19-4 to its ruling on the application, and the applicant is entitled to
19-5 present oral and documentary evidence to the board. After [If,
19-6 after] the hearing, unless the board finds [is satisfied] that [no]
19-7 grounds exist requiring the board [on which] to refuse the
19-8 application, the board shall enter a written [an] order tentatively
19-9 approving the application subject to the license [application]
19-10 being perfected by the filing of the applicable security deposit
19-11 [deposits] required [of licensees] under this Act. A license is
19-12 valid for 24 months after the date of the order approving the
19-13 license application. If the board determines that a ground exists
19-14 to deny the license application [is not so satisfied], it shall
19-15 enter a written [an] order specifying each ground for the denial
19-16 [refusing the license]. Each board member present at the hearing
19-17 shall sign the order granting or denying a license application.
19-18 (h) On tentative approval of the license application under
19-19 Subsection (g) of this section, a license holder shall perfect the
19-20 license by filing a security deposit as required for an individual
19-21 surety or agent for a corporate surety under this Act. The deposit
19-22 must be filed not later than the 90th day after the date of the
19-23 order tentatively approving the license. If the security deposit
19-24 is not filed within that period, the tentative approval is
19-25 rescinded, and the applicant must reapply to receive a license. A
19-26 security deposit is not required to perfect a corporate surety's
19-27 license.
20-1 (i) [(f)] Upon notice from a [the] board that an [the]
20-2 application has been [tentatively] approved, an [the] applicant for
20-3 an individual surety license or for a license as an agent for a
20-4 corporate surety shall then perfect the license by depositing[:]
20-5 [(1) deposit] with the county treasurer of the county
20-6 in which the license is to be issued a cashier's check, certificate
20-7 of deposit, cash, or irrevocable letter of credit [or cash
20-8 equivalent] in the amount indicated in the application. The
20-9 deposit may not be [by the applicant under Subdivision (5) of
20-10 Subsection (a) of Section 6 of this Act but in no event] less than
20-11 $50,000 except in a county [counties] with a population
20-12 [populations] of less than 250,000 [persons by the most recent
20-13 federal census], in which the minimum deposit amount is [for
20-14 applicants in said counties shall be] $10,000. The county
20-15 treasurer shall hold the deposit [to be held] in a special fund to
20-16 be called the bail security fund.
20-17 (j) Instead of the deposit described by Subsection (i) of
20-18 this section, an applicant for an individual surety license may
20-19 perfect the license by conveying[; or]
20-20 [(2) execute] in trust to the board deeds to the
20-21 property listed in the application [by the applicant under
20-22 Subdivision (4) of Subsection (a) of Section 6 of this Act], which
20-23 property shall be valued in the amount indicated on an appraisal by
20-24 a real estate appraiser who is a member in good standing of a
20-25 nationally recognized professional appraiser society or trade
20-26 organization that has an established code of ethics, educational
20-27 program, and professional certification program, but in no event
21-1 may the appraised value be less than $50,000 [valuation], except in
21-2 a county [counties] with a population [populations] of less than
21-3 250,000 [persons by the most recent federal census], in which the
21-4 minimum appraised value must be at least [amount for applicants in
21-5 said counties shall be] $10,000, the condition of the trust being
21-6 that the property may be sold to satisfy a [any] final judgment of
21-7 forfeiture [forfeitures] that may be made [in bonds] on a bond
21-8 executed by the license holder. The [which the licensee is surety
21-9 after such notice and upon such conditions as are required by the
21-10 Code of Criminal Procedure, 1965, as amended, in bond forfeiture
21-11 cases; the] board shall file the deeds of trust in the records of
21-12 each county in which the property is located, and the license
21-13 holder [applicant] shall pay the filing fees.
21-14 (k) [(3) If the licensee is a corporation, it shall furnish
21-15 to the sheriff an irrevocable letter of credit as a cash equivalent
21-16 to satisfy any final judgment of forfeiture that may be made on any
21-17 bonds on which the corporate licensee is surety.]
21-18 [(g) No bondsman may execute, in any county, bail bonds that
21-19 in the aggregate exceed 10 times the value of the property held as
21-20 security on deposit or in trust under Subsection (f) of this
21-21 section. A county officer or employee designated by the board
21-22 shall maintain a current total of the bondsman's potential
21-23 liability on bonds in force, and no further bonds may be written by
21-24 or accepted from the bondsman when the limit is reached. When a
21-25 bondsman's total liability on judgments nisi reaches two times the
21-26 same amount as he has on deposit as security, no further bonds may
21-27 be written until the bondsman posts additional security as required
22-1 in this subsection. A bondsman whose license is effective may, at
22-2 any time, by posting additional security, increase the bondsman's
22-3 limit.]
22-4 [(h)] The security [cash] deposit or the funds realized from
22-5 the sale of property conveyed in trust to the board shall be used
22-6 to pay the final judgments of any bail forfeitures that result from
22-7 the license holder's [licensee's] execution of a bail bond, if the
22-8 license holder [licensee] fails to satisfy the judgment within 30
22-9 days after a final judgment of forfeiture. When any sums are
22-10 depleted from the deposit or trust to pay a judgment resulting from
22-11 a forfeited bond, the license holder [licensee] shall, as a
22-12 condition to continuing as a license holder [licensee], replenish
22-13 the amount so depleted up to the amount of the required minimum
22-14 deposit to secure other bonds in force. When the license holder
22-15 [licensee] ceases to engage in the business of executing bail bonds
22-16 and ceases to maintain the [his] license, the license holder [he]
22-17 may withdraw the license holder's [his] security deposit or trust
22-18 upon presentment of a release by the board, if there are no
22-19 judgments or bond liabilities, either actual or potential,
22-20 outstanding against the license. Any portion of the deposit or
22-21 trust not used to pay judgments or to secure unexpired obligations
22-22 on existing bonds in force shall be returned to the license holder
22-23 [licensee] or the license holder's [his] heirs or assigns upon
22-24 presentment of a release by the board.
22-25 Sec. 7 [6A]. REAPPRAISAL OF REAL PROPERTY. An appraisal
22-26 district may not reappraise real property solely because the owner
22-27 of the property is an applicant for or the holder of a license
23-1 under this Act. This section does not prohibit an appraisal
23-2 district from reappraising real property in connection with the
23-3 appraisal of real property in the same general area or if requested
23-4 to do so by a [the] board or by an [the] applicant or license
23-5 holder.
23-6 Sec. 8. INDIVIDUAL AS SURETY. (a) A board may temporarily
23-7 bar an individual surety from executing a bail bond in that board's
23-8 county if:
23-9 (1) the individual's outstanding:
23-10 (A) bail bonds in the county exceed 10 times the
23-11 value of the security posted with the county on those bonds; or
23-12 (B) liability of judgments nisi in the county
23-13 exceeds twice the value of the security posted with the county; or
23-14 (2) a final judgment of forfeiture on a bond executed
23-15 by the individual in the county is not paid in full within 30 days.
23-16 (b) A county officer or employee designated by the board
23-17 shall maintain a current list for each individual surety's
23-18 potential liability on bonds in force, outstanding liability of
23-19 judgments nisi, and outstanding final judgments of forfeiture.
23-20 When an individual surety exceeds either of the limits set out in
23-21 this section or fails to satisfy a final judgment of forfeiture
23-22 within 30 days, the officer or employee shall notify each officer
23-23 in the county authorized to accept a bail bond that the officer may
23-24 not accept a further bond executed by that individual surety until
23-25 the individual surety complies with this section. The individual
23-26 surety may comply with the limits prescribed by this section by
23-27 posting additional security with the county or reducing the
24-1 individual surety's outstanding potential or judgment nisi
24-2 liability.
24-3 (c) An individual surety whose license is in good standing
24-4 may increase the individual surety's ratio limits at any time by
24-5 posting additional security with the county.
24-6 (d) An individual may not hold more than one license as
24-7 individual surety within a county.
24-8 (e) An individual surety may not conduct a bonding business
24-9 under more than one name.
24-10 Sec. 9 [7]. CORPORATION AS SURETY; AGENTS FOR CORPORATE
24-11 SURETY. (a) [Wherever in this Act any person is required or
24-12 authorized to give or execute any bail bond, such bail bond may be
24-13 given or executed by such principal and any corporation authorized
24-14 by law to act as surety. When any such corporation authorized by
24-15 law to act as a surety undertakes to be a surety on a bail bond,
24-16 such corporation, before being acceptable as a surety on a bail
24-17 bond, shall be required to meet the applicable requirements
24-18 prescribed by Section 6 of this Act before being acceptable as a
24-19 personal surety on a bail bond; Subsection (g) of Section 6 does
24-20 not apply to a corporate surety.]
24-21 [(b)] The certificate of authority to do business in this
24-22 state issued to a corporation by the Texas Department [State Board]
24-23 of Insurance under the [pursuant to Article 8.20,] Insurance Code
24-24 is[, as amended, shall be] conclusive evidence as to the
24-25 sufficiency of the corporation's security, [the corporation's]
24-26 solvency, or credit [its credits]. A board or local official may
24-27 not:
25-1 (1) require further evidence by a corporation of its
25-2 security, solvency, or credit as a condition for approving a:
25-3 (A) license; or
25-4 (B) bail bond for which the corporation is
25-5 surety; or
25-6 (2) impose a financial limit on a bail bond for which
25-7 the corporation is a surety.
25-8 (b) [(c)] A [Any] corporation that holds a corporate surety
25-9 license in a county must [which acts as a surety shall], before
25-10 executing a [any] bail bond, [first] file in the office of the
25-11 county clerk of that [the] county [where such bail bond is given] a
25-12 separate power of attorney designating and authorizing each
25-13 individual who may [the named agent of such corporation to] execute
25-14 a [such] bail bond as an [bonds by such] agent for that corporation
25-15 in that county. Such a [This] power of attorney is [shall be] a
25-16 valid and binding obligation of the corporation. The corporation
25-17 shall disclose in the power of attorney any limit that the
25-18 corporation imposes on an agent's authority to act for it in that
25-19 county. A board may not refuse to issue a license to a corporation
25-20 or its agent because the corporation has disclosed in the power of
25-21 attorney a limit on the agent's authority.
25-22 (c) Before executing a bail bond for a corporate surety,
25-23 each named agent must apply for and be issued a license in that
25-24 county as an agent for that corporate surety.
25-25 (d) A corporate surety may authorize more than one agent to
25-26 execute bail bonds in a county. Each agent may do business under
25-27 an assumed name that is different from another agent of the same
26-1 corporate surety. A corporate surety is not considered to be doing
26-2 business under an assumed name solely because it has appointed an
26-3 agent who is using an assumed name in a county.
26-4 (e) An [A separate license is required for each agent
26-5 operating under a corporate power of attorney.]
26-6 [(d) Notwithstanding any statutory requirements to the
26-7 contrary, any] agent [so] designated by a corporate surety and
26-8 licensed under this Act [or approved hereunder] for the purpose of
26-9 writing bail bonds is [shall] not [be] required to be licensed as a
26-10 local recording agent as defined by the [in Article 21.14, Texas]
26-11 Insurance Code[, as amended, for the purpose of this Act].
26-12 (f) A board [(e) It] shall [be the duty of the board to]
26-13 notify promptly the Texas Department [State Board] of Insurance of
26-14 a default by a corporate surety [corporation] on a [any] financial
26-15 obligation which it undertakes in the county.
26-16 (g) An agent for a corporate surety may be temporarily
26-17 barred from executing a bail bond in a county if a final judgment
26-18 of forfeiture on a bond executed by the agent in that county is not
26-19 paid in full within 30 days. The agent's right to execute a
26-20 further bond is restored on payment of that judgment of forfeiture.
26-21 (h) An individual may not hold more than one license as
26-22 agent for a corporate surety within a county.
26-23 Sec. 10 [8]. EXPIRATION AND RENEWAL OF LICENSE. (a) A
26-24 license issued under this Act expires 24 months after the date of
26-25 board approval [its issuance] and may [not] be renewed by filing
26-26 with the board [unless] an application for renewal [is filed with
26-27 the board] at least 30 days before the day on which the license
27-1 expires [expiration]. The application for renewal has [shall have]
27-2 the same form and content as an application for an original license
27-3 under this Act, except that an applicant for renewal is not
27-4 required to furnish letters of recommendation or post new security,
27-5 as the security posted under an original license or a subsequent
27-6 renewal remains in effect. The application for renewal must
27-7 [shall] be accompanied by a renewal fee of $500. If the renewal
27-8 applicant's current license has not been suspended or revoked and[,
27-9 if] the renewal application complies with the requirements of this
27-10 Act, [and if] the board shall renew the license by written order
27-11 unless the board finds that a legal ground exists for refusing to
27-12 renew the license. If the board finds that a legal ground exists
27-13 for refusing to renew a license, the board shall state that ground
27-14 in its written order refusing to renew the license [knows no legal
27-15 reason why the application should not be renewed, the license may
27-16 then be renewed for a period of 24 months from the date of
27-17 expiration and may be renewed subsequently each 24 months in like
27-18 manner].
27-19 (b) A renewal license expires 24 months after the expiration
27-20 date of the license being renewed [All fees collected by the board
27-21 shall be deposited in the general fund of the county for use in the
27-22 administration and enforcement of this Act. The board is
27-23 authorized to receive disbursements from the general fund for
27-24 reasonable expenses incurred in the enforcement of this Act, but
27-25 service on the board is considered an additional duty of office,
27-26 and the members of the board are not entitled to compensation for
27-27 the service but only for reimbursement of any expenses actually
28-1 incurred as a result of the service].
28-2 (c) A [Each license, when issued, shall show on its face the
28-3 date of expiration and license number, and it shall be the
28-4 responsibility of the licensee to file for renewal under the terms
28-5 of this Act, and each subsequent] renewal license shall have the
28-6 same number as [assigned] the original license and must show on its
28-7 face the license number and expiration date.
28-8 (d) A license holder who fails to timely apply for renewal
28-9 may apply for a new license, but must comply with the requirements
28-10 for an original license, including posting security. The security
28-11 posted on the previous license applies only to a bond issued under
28-12 the previous license.
28-13 Sec. 11 [9]. REFUSAL, SUSPENSION, AND REVOCATION OF A
28-14 LICENSE [LICENSES]. (a) A [No] license may not be issued to a
28-15 [any] person who has not complied with the requirements of this Act
28-16 for applying for the applicable type of [an] original or renewal
28-17 license.
28-18 (b) On [The board may, on its own motion, and shall, on]
28-19 receipt of a sworn complaint providing reasonable cause to believe
28-20 that a violation of this Act has occurred or on the written request
28-21 of a court in that county, a board may[,] investigate the actions
28-22 and records of a license holder relating to that [such] complaint
28-23 or request [against any bondsman it has licensed]. The board may,
28-24 after notice and hearing, refuse to issue or renew, suspend, or
28-25 revoke a license on a written finding that an applicant or license
28-26 holder:
28-27 (1) during the preceding four years [for]:
29-1 (A) [(1)] violated [violation of a provision of]
29-2 this Act or a board rule [prescribed by the board during the term
29-3 of the license sought to be suspended or revoked or during any
29-4 prior licensing period];
29-5 (B) [(2)] fraudulently obtained or attempted to
29-6 obtain [obtaining] a license under [the provisions of] this Act;[,]
29-7 (C) made [making] a false statement or
29-8 misrepresentation in an application for an original or renewal
29-9 license filed with the board;
29-10 (D) made a false statement or misrepresentation
29-11 [or] in a [any] hearing before the board[, or refusing to answer
29-12 any question submitted by the board in a hearing relevant to the
29-13 license or the conduct or qualifications of the licensee or
29-14 applicant];
29-15 [(3) final conviction under the laws of this or any
29-16 other state or of the United States of a misdemeanor involving
29-17 moral turpitude or of a felony committed after the effective date
29-18 of this Act;]
29-19 (E) was [(4) being] adjudged bankrupt or became
29-20 [becoming] insolvent, unless the applicant or license holder is an
29-21 agent for a corporate surety;
29-22 (F) was [(5) being] adjudged mentally
29-23 incompetent;
29-24 (G) paid a commission [(6) failing to pay
29-25 within 30 days any final judgment rendered on any forfeited bond in
29-26 any court of competent jurisdiction within the county of the
29-27 licensee;]
30-1 [(7) paying of commissions] or fee, divided a
30-2 commission [fees or dividing commissions] or fee, [fees] or offered
30-3 [offering] to pay or divide a commission [commissions] or fee
30-4 [fees] with a [any] person who is not licensed or employed by a
30-5 person licensed[, company, firm, or corporation not licensed] under
30-6 this Act [to execute bonds];
30-7 (H) solicited [(8) soliciting] bail bond
30-8 business in a [any] building where a prisoner is [prisoners are]
30-9 processed or confined;
30-10 (I) recommended [(9) recommending] to a [any]
30-11 client the employment of a particular attorney or firm of attorneys
30-12 in a criminal case;
30-13 (J) falsified a record [(10) falsifying any
30-14 records] required to be maintained under this Act;[,]
30-15 (K) failed [failing] to maintain a record
30-16 required by this Act;
30-17 (L) failed to [keep the records, or failing]
30-18 promptly produce for [to permit the] inspection, after written
30-19 request and reasonable notice [of the records at any time
30-20 requested] by the board or its representatives or agents, a record
30-21 required by this Act;
30-22 (M) operated [(11) operating] as a bondsman
30-23 while the person's license was [is] suspended or after it has
30-24 expired and before it is renewed; or [and]
30-25 (N) failed to satisfy a final judgment of
30-26 forfeiture within 30 days at least three times; or
30-27 (2) during the preceding 10 years, has been finally
31-1 convicted under the laws of this state, another state, or the
31-2 United States of a misdemeanor involving moral turpitude or of a
31-3 felony
31-4 [(12) on more than one occasion failing to maintain
31-5 the minimum amount of security required by this Act or
31-6 misrepresenting to any official or employee of the official the
31-7 limit supported by the amount of security to obtain the release of
31-8 any person on bond].
31-9 Sec. 12 [10]. PROCEDURE FOR SUSPENSION OR REVOCATION OF
31-10 LICENSE. (a) The board may revoke or suspend a license only in
31-11 accordance with the procedure provided in this section for a [the]
31-12 violation of [any provision of] this Act.
31-13 (b) Notice of a hearing to suspend or revoke must [shall] be
31-14 given by certified mail addressed to the last known address of the
31-15 license holder [licensee] at least 10 days prior to a date set for
31-16 the hearing.
31-17 (c) The notice shall specify the charges of violation of
31-18 this Act made against the license holder [licensee], and no other
31-19 charges may [shall] be made at the hearing [pursuant to the
31-20 notice]. The notice must include a copy of the sworn complaint or
31-21 written request by a court.
31-22 (d) The hearing must give [shall afford to] the license
31-23 holder an [licensee] opportunity to be heard, to present witnesses
31-24 on the license holder's [in his] behalf, and to question witnesses
31-25 brought against the license holder [him].
31-26 (e) A hearing under this section may not be closed to the
31-27 public.
32-1 (f) The board shall keep a [A] record of the hearing and
32-2 make it [shall be made. It shall be made] available to the license
32-3 holder on written request and payment of the [licensee on his
32-4 request subject to his paying] reasonable costs of transcription.
32-5 (g) If an individual surety or agent for a corporate surety
32-6 is temporarily barred from executing a bond in the county under
32-7 Section 8 or 9B of this Act, a board may not suspend or revoke the
32-8 license. The license holder may not, however, post an additional
32-9 bond in the county while temporarily barred. A hearing under this
32-10 section is not required to temporarily bar a license holder under
32-11 Section 8 or 9 of this Act.
32-12 (h) A license may not be suspended or revoked without a
32-13 hearing under this section and the presentation of evidence
32-14 sufficient to show by a preponderance of the evidence a violation,
32-15 as alleged in the notice to the license holder, of Section 11(b) of
32-16 this Act.
32-17 (i) After a hearing under this section, the board may vote
32-18 on whether to suspend or revoke a license. Before a vote is taken,
32-19 a board member must move to suspend or revoke the license and the
32-20 motion must state the grounds for that proposed suspension or
32-21 revocation. If a board member seconds the motion, the board shall
32-22 vote by roll call. If the motion passes, the board shall enter a
32-23 written order specifying the grounds for suspension or revocation.
32-24 Each board member present at the hearing who voted for the motion
32-25 shall sign the order.
32-26 [(f) If the licensee fails to maintain the security deposit
32-27 at the proper ratio required by this Act, under Subsection (g) of
33-1 Section 6 of this Act, the board shall immediately suspend the
33-2 license while the violation continues. No prior notice or a
33-3 hearing is necessary. Once the proper ratio is regained, the
33-4 suspension shall be immediately lifted. The board shall revoke the
33-5 license with prior notice or hearing if the licensee fails to pay
33-6 any final judgment connected with the licensee's bonding business
33-7 within 30 days and there is not sufficient property held as
33-8 security to satisfy the final judgment.]
33-9 Sec. 13 [11]. COURT REVIEW. (a) An applicant or license
33-10 holder may appeal from a board [may be taken from any board's]
33-11 order revoking, suspending, or refusing to issue a license. The
33-12 appeal must be made within 30 days after the date of receiving
33-13 written notice of the board order [suspension, revocation, or
33-14 refusal] by filing a petition in a district court in the county in
33-15 which the license was [is] issued or refused or in a district court
33-16 in Travis County. If no appeal is taken within the 30-day period,
33-17 the order becomes [30 days after written notice of suspension,
33-18 revocation, or refusal, such action shall become] final.
33-19 (b) An appeal from a board order is [shall be] by trial de
33-20 novo, as in a proceeding [proceedings] appealed from a justice to a
33-21 county court [courts. The decision of the board shall have full
33-22 force and effect pending the determination of the appeal].
33-23 (c) An original or renewal license approved by the district
33-24 court after an appeal expires 24 months after the date of the
33-25 court's final judgment.
33-26 (d) A board order is not stayed by filing an appeal, but the
33-27 district court may enjoin a board order during the appeal for good
34-1 cause.
34-2 (e) An appeal [All appeals] taken from an action [actions]
34-3 of the board is [shall be] against the board and not against an
34-4 individual board member [the members individually].
34-5 (f) The district court may award attorney's fees and costs
34-6 to an applicant or license holder who prevails on appeal.
34-7 (g) An applicant or license holder may file a declaratory
34-8 judgment action to determine the validity of a board rule. The
34-9 action must be filed in a district court in the county in which the
34-10 application is pending or the license was issued, or in a district
34-11 court in Travis County. The district court may award attorney's
34-12 fees and costs to the prevailing party.
34-13 (h) For a court proceeding under this section, a board may
34-14 be served by serving its presiding officer.
34-15 Sec. 14 [12]. SURRENDER OF PRINCIPAL BY THE SURETY. (a) A
34-16 [No] person who executes a bail bond as a surety for a principal
34-17 may surrender the principal without the written permission of the
34-18 judge having jurisdiction of the case after the person who executed
34-19 the bail bond has executed a sworn [an] affidavit [to be] filed
34-20 with the clerk of the court stating:
34-21 (1) the date the bond was made;
34-22 (2) the fee paid for the bond; and
34-23 (3) the reason for the surrender.
34-24 (b) On the filing of the affidavit, the clerk of the court
34-25 shall immediately issue a capias warrant that authorizes a peace
34-26 officer, private security officer, or a private investigator
34-27 licensed in this state to arrest and return the principal to the
35-1 custody of the sheriff of the county in which the cause is pending.
35-2 (c) [(b)] If the principal considers the reason for
35-3 surrender to be [is deemed] without reasonable cause, the principal
35-4 may file a written motion with the court requesting a hearing to
35-5 determine the matter [by the principal, any agent of the board, or
35-6 any attorney representing the state or any accused in the
35-7 proceeding, that person may bring the matter to the attention of
35-8 the court].
35-9 (d) After a hearing, if [(c) If] the court determines that
35-10 the person who surrendered the principal did so without reasonable
35-11 cause, the court in its discretion may require up to one-half [that
35-12 all or a part] of the fees paid as a condition for making the bail
35-13 bond to [shall] be returned to the principal. [In making the
35-14 determination the court shall determine what fees, whether
35-15 denominated fees for the making of the bond or not, were in fact
35-16 paid for the purpose of inducing the surety to make the bond.]
35-17 [(d) Notwithstanding any statute required to the contrary or
35-18 any provision in the bond, the court may not require or commit the
35-19 surety to remain during any appeal of a case without previous
35-20 approval of the surety. When a case is appealed without approval
35-21 of the surety, the bail shall be discharged. Nothing shall deny
35-22 the principal any right to an appeal bond as provided in the Code
35-23 of Criminal Procedure, 1965, as amended.]
35-24 Sec. 15 [13]. TERMINATION AND SETTLEMENT [REMITTITUR] OF
35-25 LIABILITY ON [FORFEITED] BONDS. (a) The surety on an appearance
35-26 bond in a criminal case is not liable for the bond on dismissal,
35-27 acquittal, or finding of guilt on a charge made the basis of the
36-1 bond. [Prior to final judgment on any forfeiture of an appearance
36-2 bond in a criminal case the attorney for the state may recommend to
36-3 the court settlement for an amount less than that stated in the
36-4 bond, or the court may upon its own motion approve such
36-5 settlement.]
36-6 (b) A court may not require a surety to continue as a surety
36-7 during an appeal of a case. If a case is appealed without the
36-8 surety's approval, the surety is discharged from liability on the
36-9 bond. This subsection does not deny a principal the right to an
36-10 appeal bond as provided by the Code of Criminal Procedure. [After a
36-11 forfeiture, if the defendant is incarcerated within two years of a
36-12 judgment nisi, the bondsman shall be entitled to a remittitur of at
36-13 least 95 percent if he presents a sworn affidavit stating that the
36-14 defendant was returned to custody, in part, as a result of money
36-15 spent or information furnished by the bondsman.]
36-16 [The remittitur shall be credited against an unpaid judgment
36-17 of forfeiture or if the judgment has been paid, the treasurer shall
36-18 refund at least 95 percent.]
36-19 (c) Before a final judgment on a forfeiture of an appearance
36-20 bond in a criminal case, an attorney for the state may settle the
36-21 liability of a principal and a surety on the bond for an amount
36-22 less than that stated in the bond. The attorney for the state
36-23 shall set the settlement in an amount that the attorney considers
36-24 to be reasonable in light of the facts and circumstances of the
36-25 case. [The surety on appearance bonds in criminal cases shall be
36-26 absolved of liability upon disposition of the case, and disposition
36-27 as used herein shall mean a dismissal, acquittal, or finding of
37-1 guilty on the charges made the basis of the bond.]
37-2 Sec. 16 [14]. ACCEPTANCE [APPROVAL] OF BONDS [BOND]. (a)
37-3 After perfection of a license issued by the board and while the
37-4 license is in effect in a county, a county officer may not refuse
37-5 to accept a bail bond in legally sufficient form that has been
37-6 executed by a license holder. This subsection does not apply to a
37-7 license holder temporarily barred from executing a bail bond under
37-8 Section 8 or 9 of this Act.
37-9 (b) A county officer may not require a license holder to be
37-10 physically present to post a bail bond with that officer. The
37-11 officer, or board by local rule, may require that a license holder
37-12 designate in writing employees authorized to deliver a bond to the
37-13 officer and may require that a designated employee display photo
37-14 identification in a form acceptable to the officer or board. [In
37-15 any county or district case in which the posting of bond is
37-16 required as a condition of release, the sheriff shall accept or
37-17 approve a bond posted by a licensed bondsman only in accordance
37-18 with this Act and the rules prescribed by the board, but a sheriff
37-19 may not refuse to accept a bail bond from a licensed bondsman who
37-20 meets the requirements of Subdivision (4) or (5) of Subsection (a)
37-21 of Section 6 of this Act.]
37-22 [Sec. 14A. EFFECT OF DEFAULT BY CORPORATION. (a)
37-23 Notwithstanding any law to the contrary, a corporation that is in
37-24 default on five or more bail bonds in a county may not act as a
37-25 bail bondsman in that county.]
37-26 [(b) The clerk of the court in which the corporation is in
37-27 default on a bail bond shall deliver a written notice of the
38-1 default to the sheriff, chief of police, or other appropriate peace
38-2 officer in the county in which the bond is forfeited.]
38-3 [(c) A corporation is considered in default on a bail bond
38-4 from the time the trial court enters its final judgment on the
38-5 scire facias until the judgment is satisfied or set aside.]
38-6 [(d) For purposes of this section, a corporation is not
38-7 considered in default on a bond if it deposits with the appropriate
38-8 court cash in the full amount of the judgment, pending appeal. The
38-9 deposit shall be applied to the payment of any final judgment in
38-10 the case.]
38-11 Sec. 17 [15]. ACTS SUBJECT TO PENALTY. (a) In a county
38-12 with a board, no [No] person [required to be licensed under this
38-13 Act] may act as [execute] a bail bondsman or advertise as a bail
38-14 bondsman [bond] without holding a license issued by that board.
38-15 (b) No bondsman or employee [agent] of a bondsman may[, by
38-16 any means,] recommend or suggest to a [any] person whose bail bond
38-17 has been posted by that bondsman the name of any particular
38-18 attorney or firm of attorneys for employment in connection with the
38-19 [a] criminal offense for which the bond was posted.
38-20 (c) No person in the bonding business shall, either directly
38-21 or indirectly, give, donate, lend, contribute, or promise to give,
38-22 donate, lend, or contribute any money or property to any attorney,
38-23 police officer, sheriff, or deputy, constable, jailer, or employee
38-24 of a law enforcement agency for the referral of bail bond business.
38-25 (d) No attorney, police officer, sheriff [constable], or
38-26 deputy, constable, jailer, or employee of a law enforcement agency,
38-27 judge or employee of a court, or public official, or employee of a
39-1 related agency[, or any person not shown in the records of the
39-2 board to be an agent or employee of the bondsman] may accept or
39-3 receive from a bondsman [any] money, property, or other thing of
39-4 value as payment for the referral of bail bond business.
39-5 (e) No police officer, sheriff, or deputy, constable,
39-6 jailer, or employee of a law enforcement agency, judge or employee
39-7 of a court, or public official, or employee of a related agency may
39-8 recommend to a [any] person [or persons, family of such person or
39-9 persons, friends, relatives, or employer] the name of any
39-10 particular bondsman, except that a county may display a list of
39-11 approved bondsmen for that county in any place in which a prisoner
39-12 is[. In all places where prisoners are] examined, processed, or
39-13 confined[, a list of licensed bondsmen of that county may be
39-14 displayed].
39-15 (f) No person [bondsman or agent of a bondsman] may solicit
39-16 bond business in a police station, jail, prison, detention
39-17 facility, or other place where persons in the custody of law
39-18 enforcement officials are detained.
39-19 (g) No person may place in a detention facility an
39-20 advertisement for a bail bondsman or a device that dispenses a bail
39-21 bond. For purposes of this subsection, a detention facility
39-22 includes a police station, jail, prison, or other place in which a
39-23 person in the custody of a law enforcement official is detained
39-24 [advertise as a bondsman who does not hold a valid license under
39-25 this Act].
39-26 (h) No bondsman [or agent of a bondsman] may receive money
39-27 or other consideration or thing of value for issuance of a bond or
40-1 undertaking of a surety obligation without issuing a receipt
40-2 indicating the name of the person paying the money or transferring
40-3 the property, the amount received or the estimated value of the
40-4 property received and briefly identifying it, the suit, action, or
40-5 matter for which it is received or is to be applied, and the name
40-6 of the person receiving it. [The bondsman or agent shall retain a
40-7 duplicate copy of the receipt which shall be available for
40-8 inspection by representatives of the board of any county in which
40-9 the bondsman is licensed or by the appointed representatives of a
40-10 court in which the bondsman agrees to make bail or undertake other
40-11 surety obligations.]
40-12 (i) No person may [shall] falsify a record [any records]
40-13 required to be kept under this Act.
40-14 (j) A person who violates Subsection (a) [or (g)] of this
40-15 section is [shall be] guilty of a Class C misdemeanor.
40-16 (k) A person who violates Subsection (b), (e), (f), (g),
40-17 (h), or (i) of this section is [shall be] guilty of a Class B
40-18 misdemeanor.
40-19 (l) A person who violates Subsection (c) or (d) of this
40-20 section is [shall be] guilty of a Class A misdemeanor.
40-21 SECTION 2. (a) This Act takes effect September 1, 1999.
40-22 (b) The changes in law made by this Act to Section 17,
40-23 Chapter 550, Acts of the 63rd Legislature, Regular Session, 1973
40-24 (Article 2372p-3, Vernon's Texas Civil Statutes), apply only to an
40-25 offense committed on or after the effective date of this Act. For
40-26 purposes of this section, an offense is committed before the
40-27 effective date of this Act if any element of the offense occurs
41-1 before that date. An offense committed before the effective date
41-2 of this Act is covered by the law in effect when the offense was
41-3 committed, and the former law is continued in effect for that
41-4 purpose.
41-5 (c) The changes in law made by this Act to Section 10,
41-6 Chapter 550, Acts of the 63rd Legislature, Regular Session, 1973
41-7 (Article 2372p-3, Vernon's Texas Civil Statutes), which is
41-8 renumbered as Section 12 by this Act, apply only to a proceeding
41-9 commenced on or after the effective date of this Act. A proceeding
41-10 that is commenced before the effective date of this Act is governed
41-11 by the law in effect when the proceeding was commenced, and that
41-12 law is continued in effect for that purpose.
41-13 SECTION 3. The importance of this legislation and the
41-14 crowded condition of the calendars in both houses create an
41-15 emergency and an imperative public necessity that the
41-16 constitutional rule requiring bills to be read on three several
41-17 days in each house be suspended, and this rule is hereby suspended.