1-1     By:  Armbrister                                        S.B. No. 739
 1-2           (In the Senate - Filed February 26, 1999; March 1, 1999, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 26, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 1; April 26, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 739               By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of bail bondsmen; providing a criminal
1-11     penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subdivision (2), Section 2, Chapter 550, Acts of
1-14     the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
1-15     Vernon's Texas Civil Statutes), is amended to read as follows:
1-16                 (2)  "Bondsman" means any person who:
1-17                       (A)  for hire or for any compensation deposits
1-18     any cash or bonds or other securities to ensure the appearance in
1-19     court of a person accused of a crime;[,] or
1-20                       (B)  executes as surety or cosurety for any
1-21     consideration:
1-22                             (i)  any bond for other persons; or
1-23                             (ii)  a written undertaking to ensure the
1-24     appearance in court of a person accused of a crime.
1-25           SECTION 2.  Subsections (b) and (e), Section 3, Chapter 550,
1-26     Acts of the 63rd Legislature, Regular Session, 1973 (Article
1-27     2372p-3, Vernon's Texas Civil Statutes), are amended to read as
1-28     follows:
1-29           (b)  No individual is eligible to be licensed as a bondsman
1-30     or act as an agent for a corporate surety [license] under this Act
1-31     unless the individual:
1-32                 (1)  is a resident of this state and a citizen of the
1-33     United States;
1-34                 (2)  is at least 18 years of age;
1-35                 (3)  possesses sufficient financial resources to
1-36     provide indemnity against loss on such bonds [obligations] as the
1-37     individual [he] may undertake as bondsman as required by Section 6
1-38     of this Article;
1-39                 (4)  has been continuously employed in all phases of
1-40     the bonding business by a person licensed under this Act for a
1-41     period of at least 24 months on the date that the individual
1-42     applies for the license or applies to act as an agent for a
1-43     corporate surety, provided, however, that this subdivision shall
1-44     not apply during the first 24 months after a county creates a bail
1-45     bond board; and
1-46                 (5)  has no unpaid final judgment in any county arising
1-47     out of a bail bond forfeiture.
1-48           (e)  Persons licensed to practice law in this state may
1-49     execute bail bonds or act as sureties for persons they actually
1-50     represent in criminal cases without being licensed under this Act
1-51     provided the aggregate total of all outstanding bail bonds executed
1-52     by such person in the county does not exceed $250,000.  If the
1-53     person wishes to execute bonds that in the aggregate exceed this
1-54     total, such person must apply for and be granted a license by the
1-55     board.  All persons executing bail bonds under the exception
1-56     provided by this subsection[, but they] are prohibited from
1-57     engaging in the practices made the basis for revocation of license
1-58     under this Act and if found by the board [sheriff] to have violated
1-59     any term of this Act, may not qualify thereafter under the
1-60     exception provided in this subsection unless and until they come
1-61     into compliance with those practices made the basis of revocation
1-62     under this Act.  Notwithstanding any other provision of this
1-63     subsection, no person licensed to practice law shall be relieved of
1-64     liability on a bail bond he has executed for the sole reason that
 2-1     he has not been employed to represent the principal on the merits
 2-2     of the case if he has been paid a fee for the execution of the bail
 2-3     bond.
 2-4           SECTION 3.  Section 4, Chapter 550, Acts of the 63rd
 2-5     Legislature, Regular Session, 1973 (Article 2372p-3, Vernon's Texas
 2-6     Civil Statutes), is amended to read as follows:
 2-7           Sec. 4.  RECORDS AND COLLATERAL ACCOUNT REQUIRED OF LICENSE
 2-8     HOLDER [LICENSEES].  (a)  A bondsman licensed under this Act shall
 2-9     maintain a record of each bond on which the bondsman appears as
2-10     surety and shall maintain a separate set of records for each county
2-11     in which the bondsman is licensed.  The records shall include the
2-12     following information for each bond executed and enforced:
2-13                 (1)  the style and number of the cause in which the
2-14     bond is given and the court in which it is executed;
2-15                 (2)  the name of the defendant released on bond;
2-16                 (3)  the amount of the bail set in the case; and
2-17                 (4)  the amount and type of security held by the
2-18     bondsman, together with a statement as to whether the security was
2-19     taken for payment of a bail bond fee or for assurance of the
2-20     principal's appearance in court and the conditions under which the
2-21     security will be returned.  [No security shall be held for both the
2-22     payment of a bail bond fee and assurance of the principal's
2-23     appearance in court that is in excess of the particular risk
2-24     involved.]
2-25           (b)  A license holder shall produce a record required to be
2-26     maintained by this section [The records shall be submitted to the
2-27     board or a person designated by the board for inspection prior to
2-28     each renewal of the bondsman's license and shall be available] for
2-29     inspection on demand by the applicable board on the written request
2-30     of [demand by] the board or its authorized representative.
2-31           (c)  A license holder shall maintain a record required by
2-32     this section for four years after final disposition of the case.
2-33           (d)  A bondsman licensed under this Act must execute a
2-34     written agreement that describes the conditions under which
2-35     collateral will be refunded or retained.  Collateral may not be
2-36     refunded or retained except in accordance with the written
2-37     agreement.  The bondsman shall maintain as trustee a cash
2-38     collateral account separate from other bank accounts used by that
2-39     bondsman for the operation of a bonding business.  The bondsman
2-40     shall deposit cash collateral into the cash collateral account not
2-41     later than the fifth banking day after the date of receipt of the
2-42     cash.
2-43           SECTION 4.  Subsection (b), Section 6, Chapter 550, Acts of
2-44     the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
2-45     Vernon's Texas Civil Statutes), is amended to read as follows:
2-46           (b)  The application of an individual for a license under
2-47     this Act shall be accompanied by a letter [letters] of
2-48     recommendation from each of three reputable persons who have known
2-49     the applicant for a period of at least three years recommending the
2-50     applicant as having a reputation of honesty, truthfulness, fair
2-51     dealing, and competency.  If the applicant is a corporation, the
2-52     letters shall be required for the agent named by the corporation in
2-53     that application [person to be in charge of its business in the
2-54     county].  For each county in which the applicant has been licensed
2-55     under this Act the applicant shall include a sworn statement by the
2-56     applicant that:
2-57                 (1)  states the date of each license; and
2-58                 (2)  states that as of the date of the license
2-59     application the applicant has no unpaid final judgments of
2-60     forfeiture in each of those counties.  [Each letter shall recommend
2-61     the applicant or person who will be in charge of its business as
2-62     having a reputation of honesty, truthfulness, fair dealing, and
2-63     competency and shall recommend that the license be granted.  If the
2-64     applicant or the person to be in charge of its business has been
2-65     licensed under this Act in another county, the application shall be
2-66     accompanied by a letter from each appropriate board stating whether
2-67     or not the applicant is in good standing in the county where he is
2-68     licensed.]
2-69           SECTION 5.  Subsections (a), (g), and (j), Section 15,
 3-1     Chapter 550, Acts of the 63rd Legislature, Regular Session, 1973
 3-2     (Article 2372p-3, Vernon's Texas Civil Statutes), are amended to
 3-3     read as follows:
 3-4           (a)  In a county with a board, no [No] person [required to be
 3-5     licensed under this Act] may act as [execute] a bail bondsman or
 3-6     advertise that the person may post a bail bond within that county
 3-7     [bond] without holding a license issued by that board.
 3-8           (g)  No person may place in a detention facility an
 3-9     advertisement for a bail bondsman or a device that charges a fee to
3-10     dispense a bail bond.  For purposes of this subsection, a detention
3-11     facility includes a police station, jail, prison, or other place in
3-12     which a person in the custody of a law enforcement official is
3-13     detained [advertise as a bondsman who does not hold a valid license
3-14     under this Act].
3-15           (j)  A person who violates [Subsection (a) or (g) of] this
3-16     section shall be guilty of a Class A [C] misdemeanor.
3-17           SECTION 6.  Subsection (a), Section 14A, Chapter 550, Acts of
3-18     the 63rd Legislature, Regular Session, 1973 (Article 2372p-3,
3-19     Vernon's Texas Civil Statutes), is amended to read as follows:
3-20           (a)  Notwithstanding any law to the contrary, if a
3-21     corporation [that] is in default on two [five] or more bail bonds
3-22     in a county on bonds executed by any single agent for that
3-23     corporation, that agent may not execute any further bail bonds for
3-24     that corporation while those defaults continue [act as a bail
3-25     bondsman in that county].
3-26           SECTION 7.  Subsections (k) and (l), Section 15, Chapter 550,
3-27     Acts of the 63rd Legislature, Regular Session, 1973 (Article
3-28     2372p-3, Vernon's Texas Civil Statutes), are repealed.
3-29           SECTION 8.  The changes in law made by this Act to Section
3-30     15, Chapter 550, Acts of the 63rd Legislature, Regular Session,
3-31     1973 (Article 2372p-3, Vernon's Texas Civil Statutes), apply only
3-32     to an offense committed on or after the effective date of this Act.
3-33     For purposes of this section, an offense is committed before the
3-34     effective date of this Act if any element of the offense occurs
3-35     before that date.  An offense committed before the effective date
3-36     of this Act is covered by the law in effect when the offense was
3-37     committed, and the former law is continued in effect for that
3-38     purpose.
3-39           SECTION 9.  The importance of this legislation and the
3-40     crowded condition of the calendars in both houses create an
3-41     emergency and an imperative public necessity that the
3-42     constitutional rule requiring bills to be read on three several
3-43     days in each house be suspended, and this rule is hereby suspended.
3-44                                  * * * * *