By Keel, Hinojosa H.B. No. 1848
77R12237 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to securing the appearance of certain persons who have
1-3 been released on bail; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter P, Chapter 1702, Occupations Code, is
1-6 amended by adding Section 1702.3863 to conform to Section 1,
1-7 Chapter 388, and Section 31, Chapter 974, Acts of the 76th
1-8 Legislature, Regular Session, 1999, and by amending that section to
1-9 read as follows:
1-10 Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY;
1-11 OFFENSE. (a) A person commits an offense if the person contracts
1-12 with a bail bond surety as defined by Chapter 1704 to secure the
1-13 appearance of a person who has forfeited a bail bond, unless the
1-14 person is:
1-15 (1) a peace officer;
1-16 (2) an individual licensed as a private investigator
1-17 or the manager of a licensed investigations company;
1-18 (3) a commissioned security officer employed by a
1-19 licensed guard company;
1-20 (4) a bail bond surety who holds a license under
1-21 Chapter 1704 as an individual;
1-22 (5) the agent designated in the license application of
1-23 a corporate bail bond surety under Chapter 1704; or
1-24 (6) a full-time employee of:
2-1 (A) a bail bond surety who holds a license under
2-2 Chapter 1704 as an individual; or
2-3 (B) the agent designated in the license
2-4 application of a corporate bail bond surety under Chapter 1704.
2-5 (b) An offense under Subsection (a) is a state jail felony.
2-6 SECTION 2. Article 17.19(e), Code of Criminal Procedure, is
2-7 amended to read as follows:
2-8 (e) An arrest warrant issued under this article may be
2-9 executed by:
2-10 (1) a peace officer;
2-11 (2) [,] a commissioned security officer employed by a
2-12 guard company licensed under Chapter 1702, Occupations Code;
2-13 (3) an individual licensed under Chapter 1702,
2-14 Occupations Code, as[, or] a private investigator or the manager of
2-15 a licensed investigations company;
2-16 (4) a bail bond surety who holds a license under
2-17 Chapter 1704, Occupations Code, as an individual;
2-18 (5) the agent that is designated in the license
2-19 application of a corporate bail bond surety under Chapter 1704,
2-20 Occupations Code; or
2-21 (6) a full-time employee of:
2-22 (A) a bail bond surety who holds a license under
2-23 Chapter 1704, Occupations Code, as an individual; or
2-24 (B) the agent that is designated in the license
2-25 application of a corporate bail bond surety under Chapter 1704,
2-26 Occupations Code [licensed in this state].
2-27 SECTION 3. Article 23.05(b), Code of Criminal Procedure, is
3-1 amended to read as follows:
3-2 (b) A capias issued under this article may be executed by:
3-3 (1) a peace officer;
3-4 (2) an individual licensed under Chapter 1702,
3-5 Occupations Code, as [or by] a private investigator or the manager
3-6 of a licensed investigations company;
3-7 (3) a commissioned security officer employed by a
3-8 guard company licensed under Chapter 1702, Occupations Code;
3-9 (4) a bail bond surety who holds a license under
3-10 Chapter 1704, Occupations Code, as an individual;
3-11 (5) the agent that is designated in the license
3-12 application of a corporate bail bond surety under Chapter 1704,
3-13 Occupations Code; or
3-14 (6) a full-time employee of:
3-15 (A) a bail bond surety who holds a license under
3-16 Chapter 1704, Occupations Code, as an individual; or
3-17 (B) the agent that is designated in the license
3-18 application of a corporate bail bond surety under Chapter 1704,
3-19 Occupations Code [licensed under the Private Investigators and
3-20 Private Security Agencies Act (Article 4413 (29bb), Vernon's Texas
3-21 Civil Statutes)].
3-22 SECTION 4. To the extent of any conflict, Section 1702.3863,
3-23 Occupations Code, as added by this Act, prevails over another Act
3-24 of the 77th Legislature, Regular Session, 2001, relating to
3-25 nonsubstantive additions and corrections in enacted codes.
3-26 SECTION 5. This Act takes effect September 1, 2001.