By Keel                                               H.B. No. 1848
         77R3059 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a criminal offense for contracts with bail bond
 1-3     sureties to secure the appearance of certain persons.
 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 violated Section 38.10, Penal Code,
1-14     unless the person:
1-15                 (1)  is a peace officer;
1-16                 (2)  is an individual licensed as a private
1-17     investigator or the manager of a licensed investigations company;
1-18                 (3)  is a commissioned security officer employed by a
1-19     licensed guard company;
1-20                 (4)  is a full-time  employee of the bail bond surety;
1-21     or
1-22                 (5)  has an ownership interest in the bail bond surety.
1-23           (b)  An offense under Subsection (a) is a state jail felony.
1-24           SECTION 2. To the extent of any conflict, this Act prevails
 2-1     over another Act of the 77th Legislature, Regular Session, 2001,
 2-2     relating to nonsubstantive additions and corrections in enacted
 2-3     codes.
 2-4           SECTION 3. This Act takes effect September 1, 2001, and
 2-5     applies only to an offense committed on or after that date.  For
 2-6     purposes of this section, an offense is committed before the
 2-7     effective date of this Act if any element of the offense occurs
 2-8     before the effective date.  An offense committed before the
 2-9     effective date of this Act is governed by the law in effect when
2-10     the offense was committed, and the former law is continued in
2-11     effect for that purpose.