By Hinojosa                                           H.B. No. 3531
         77R6753 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of bail bond sureties; providing a
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 1704.001(2), Occupations Code, is amended
 1-6     to read as follows:
 1-7                 (2)  "Bail bond surety" means a person who for
 1-8     compensation:
 1-9                       (A)  executes a bail bond as a surety or cosurety
1-10     for another person; or
1-11                       (B)  engages in any other act particular to the
1-12     bail bond business [for compensation].
1-13           SECTION 2. Section 1704.102(a), Occupations Code, is amended
1-14     to read as follows:
1-15           (a)  A board shall:
1-16                 (1)  enforce this chapter in the county;
1-17                 (2)  conduct hearings and investigations and make
1-18     determinations relating to license suspension and revocation;
1-19                 (3)  suspend or revoke a license for a violation of
1-20     this chapter or a rule adopted by the board under this chapter;
1-21     [and]
1-22                 (4)  require a record and transcription of each board
1-23     proceeding; and
1-24                 (5)  require each of its members:
 2-1                       (A)  to read this chapter and the local rules
 2-2     adopted by the board; and
 2-3                       (B)  to file an affidavit stating that the member
 2-4     has met the requirement under Paragraph (A).
 2-5           SECTION 3. Section 1704.105(b), Occupations Code, is amended
 2-6     to read as follows:
 2-7           (b)  A list of each licensed bail bond surety in a county
 2-8     shall [may] be displayed where prisoners are examined, processed,
 2-9     or confined in a manner that is viewable by the public and detained
2-10     prisoners.
2-11           SECTION 4. Section 1704.154(b), Occupations Code, is amended
2-12     to read as follows:
2-13           (b)  The application must:
2-14                 (1)  be in a form and contain the information
2-15     prescribed by the board and approved by the Texas Judicial Council;
2-16                 (2)  state:
2-17                       (A)  the applicant's name, age, and address;
2-18                       (B)  if the applicant is a corporation, whether
2-19     the applicant is:
2-20                             (i)  chartered or admitted to do business
2-21     in this state; and
2-22                             (ii)  qualified to write fidelity,
2-23     guaranty, and surety bonds under the Insurance Code;
2-24                       (C)  the state trademark certificate, if any,
2-25     stating the name under which the business will be conducted; and
2-26                       (D)  each place, including the street address and
2-27     municipality, at which the business will be conducted;
 3-1                 (3)  if the applicant is an individual, be accompanied
 3-2     by:
 3-3                       (A)  a list, as required by Section 1704.155, of
 3-4     nonexempt real property owned by the applicant that the applicant
 3-5     intends to execute in trust to the board if the applicant's
 3-6     application is approved; and
 3-7                       (B)  a statement showing the amount of cash or
 3-8     cash equivalent, or the cash value of a certificate of deposit or
 3-9     cashier's check, that the applicant intends to deposit with the
3-10     county treasurer if the applicant's application is approved; and
3-11                 (4)  be accompanied by:
3-12                       (A)  the applicant's complete, sworn financial
3-13     statement;
3-14                       (B)  the applicant's declaration that the
3-15     applicant will comply with this chapter and the rules adopted by
3-16     the board;
3-17                       (C)  three letters of recommendation, each from a
3-18     person who:
3-19                             (i)  is reputable; and
3-20                             (ii)  has known the applicant or, if the
3-21     applicant is a corporation, the person who will be in charge of the
3-22     applicant's business in the county for at least three years;
3-23                       (D)  a $500 filing fee;
3-24                       (E)  a photograph of the applicant or, if the
3-25     applicant is a corporation, of the person who will be in charge of
3-26     the applicant's business in the county;
3-27                       (F)  a set of fingerprints of the applicant, or,
 4-1     if the applicant is a corporation, of the person who will be in
 4-2     charge of the applicant's business in the county taken by a law
 4-3     enforcement officer designated by the board; and
 4-4                       (G)  if the applicant or, if the applicant is a
 4-5     corporation, the person who will be in charge of the applicant's
 4-6     business in the county is licensed under this chapter in another
 4-7     county, a letter from the board of that county stating whether the
 4-8     applicant is in good standing in the county in which the person is
 4-9     licensed.
4-10           SECTION 5. Section 1704.155, Occupations Code, is amended to
4-11     read as follows:
4-12           Sec. 1704.155.  REAL PROPERTY LIST. A list of nonexempt real
4-13     property required under Section 1704.154(b)(3)(A) must, for each
4-14     parcel listed, include:
4-15                 (1)  a legal description of the property that would be
4-16     sufficient to convey the property by general warranty deed;
4-17                 (2)  a current statement from each taxing unit
4-18     authorized to impose taxes on the property showing:
4-19                       (A)  that there is no outstanding tax lien
4-20     against the property; and
4-21                       (B)  the net value of the property according to a
4-22     current appraisal made by the appraisal district in which the
4-23     property is located [a real estate appraiser who is a member in
4-24     good standing of a nationally recognized professional appraiser
4-25     society or trade organization that has an established code of
4-26     ethics, educational program, and professional certification
4-27     program];
 5-1                 (3)  a statement by the applicant that, while the
 5-2     property remains in trust, the applicant:
 5-3                       (A)  agrees to pay the taxes on the property;
 5-4                       (B)  will not further encumber the property
 5-5     unless the applicant notifies the board of the applicant's intent
 5-6     to encumber the property and the board permits the encumbrance; and
 5-7                       (C)  agrees to maintain insurance on any
 5-8     improvements on the property against damage or destruction in the
 5-9     full amount of the value claimed for the improvements;
5-10                 (4)  a statement of whether the applicant is married;
5-11     and
5-12                 (5)  if the applicant is married, a sworn statement
5-13     from the applicant's spouse agreeing to transfer to the board, as a
5-14     part of the trust, any right, title, or interest that the spouse
5-15     may have in the property.
5-16           SECTION 6. Section 1704.160, Occupations Code, is amended to
5-17     read as follows:
5-18           Sec. 1704.160.  SECURITY REQUIREMENTS. (a)  On receipt of
5-19     notice under Section 1704.159 that an application has been
5-20     conditionally approved, the applicant must:
5-21                 (1)  if the applicant is an individual:
5-22                       (A)  subject to Subsection (b), deposit with the
5-23     county treasurer a cashier's check, certificate of deposit, cash,
5-24     or cash equivalent in the amount stated on the application under
5-25     Section 1704.154(b)(3)(B); or
5-26                       (B)  subject to Subsections (c)-(f) [(c)-(e)],
5-27     execute in trust to the board each deed to the property listed on
 6-1     the application under Section 1704.154(b)(3)(A); or
 6-2                 (2)  if the applicant is a corporation, provide to the
 6-3     sheriff an irrevocable letter of credit as a cash equivalent to pay
 6-4     any final judgment of a forfeiture on a bail bond executed by the
 6-5     applicant.
 6-6           (b)  A deposit made under Subsection (a)(1)(A) may not be
 6-7     less than $100,000 [$50,000], except that the deposit may not be
 6-8     less than $50,000 [$10,000] in a county with a population of less
 6-9     than 250,000.  A deposit made to a county with a population of less
6-10     than 250,000 shall be placed in a fund known as a bail security
6-11     fund.
6-12           (c)  The property executed in trust under Subsection
6-13     (a)(1)(B) must be valued in the amount indicated by the appraisal
6-14     district in which the property is located.
6-15           (d)  The total value of the property executed in trust under
6-16     Subsection (a)(1)(B) may not be less than $100,000 [$50,000],
6-17     except that the value may not be less than $50,000 [$10,000] in a
6-18     county with a population of less than 250,000.
6-19           (e) [(d)]  A trust created under Subsection (a)(1)(B) is
6-20     subject to the condition that the property executed in trust may,
6-21     after notice is provided and under the conditions required by the
6-22     Code of Criminal Procedure, be sold to satisfy a final judgment on
6-23     a forfeiture on a bail bond executed by the applicant.
6-24           (f) [(e)]  If an applicant is married, the applicant's spouse
6-25     must execute each deed of trust under Subsection (a)(1)(B) that
6-26     involves community property.
6-27           (g) [(f)]  A board shall file each deed of trust in the
 7-1     records of each county in which the property is located.  The
 7-2     applicant shall pay the filing fee.
 7-3           (h) [(g)]  The certificate of authority to do business in
 7-4     this state issued under Article 8.20, Insurance Code, to an
 7-5     applicant that is a corporation is conclusive evidence of:
 7-6                 (1)  the sufficiency of the applicant's security; and
 7-7                 (2)  the applicant's solvency and credits.
 7-8           (i) [(h)]  A license holder must maintain the amount of
 7-9     security required by this section during the time the person holds
7-10     the license.
7-11           SECTION 7. Section 1704.203, Occupations Code, is amended by
7-12     adding Subsection (h) to read as follows:
7-13           (h)  A bail bond surety may not execute a single bail bond in
7-14     an amount that exceeds the amount of all property held as security
7-15     under Section 1704.160(a)(1)(A) plus the amount of all property
7-16     held in trust under Section 1704.160(a)(1)(B).
7-17           SECTION 8. Section 1704.252, Occupations Code, is amended to
7-18     read as follows:
7-19           Sec. 1704.252.  DISCRETIONARY LICENSE SUSPENSION OR
7-20     REVOCATION:  GROUNDS. After notice and hearing, a board may revoke
7-21     or suspend a license if the license holder:
7-22                 (1)  violates this chapter or a rule adopted by the
7-23     board under this chapter;
7-24                 (2)  fraudulently obtains a license under this chapter;
7-25                 (3)  makes a false statement or misrepresentation:
7-26                       (A)  in an application for an original or renewal
7-27     license; or
 8-1                       (B)  during a hearing conducted by the board;
 8-2                 (4)  refuses to answer a question submitted by the
 8-3     board during a hearing relating to the license holder's license,
 8-4     conduct, or qualifications;
 8-5                 (5)  is finally convicted under the laws of this state,
 8-6     another state, or the United States of an offense that:
 8-7                       (A)  is a misdemeanor involving moral turpitude
 8-8     or a felony; and
 8-9                       (B)  is committed after August 27, 1973;
8-10                 (6)  is found by a court to be bankrupt or is
8-11     insolvent;
8-12                 (7)  is found by a court to be mentally incompetent;
8-13                 (8)  fails to pay a judgment in accordance with Section
8-14     1704.204;
8-15                 (9)  pays commissions or fees to or divides commissions
8-16     or fees with, or offers to pay commissions or fees to or divide
8-17     commissions or fees with, a person or business entity not licensed
8-18     under this chapter;
8-19                 (10)  solicits bonding business in a building in which
8-20     prisoners are processed or confined;
8-21                 (11)  recommends to a client the employment of a
8-22     particular attorney or law firm in a criminal case;
8-23                 (12)  falsifies or fails to maintain a record required
8-24     under this chapter;
8-25                 (13)  fails to promptly permit the board, or a
8-26     representative or an agent of the board, of the county in which the
8-27     license holder is licensed to inspect a record required under this
 9-1     chapter;
 9-2                 (14)  acts as a bail bond surety under a suspended or
 9-3     expired license;
 9-4                 (15)  fails two or more times to maintain the amount of
 9-5     security required by Section 1704.160;  [or]
 9-6                 (16)  misrepresents to an official or an employee of
 9-7     the official the amount for which the license holder may execute a
 9-8     bail bond for purposes of obtaining the release of a person on
 9-9     bond;
9-10                 (17)  makes, causes to be made, or benefits from an
9-11     unsolicited contact to solicit bail bond business relating to a
9-12     specific individual with an outstanding warrant that has not been
9-13     executed; or
9-14                 (18)  makes, causes to be made, or benefits from an
9-15     unsolicited contact to solicit the bail bond business of a specific
9-16     individual within 72 hours of the execution of an arrest warrant
9-17     relating to that individual.
9-18           SECTION 9. The heading of Section 1704.302 is amended to read
9-19     as follows:
9-20           Sec. 1704.302.  PROHIBITED REFERRALS OF OR EMPLOYMENTS WITH
9-21     BONDING BUSINESS; OFFENSE.
9-22           SECTION 10. Section 1704.302, Occupations Code, is amended by
9-23     adding Subsection (c) and by redesignating former Subsection (c) as
9-24     Subsection (d) to read as follows:
9-25           (c)  A person may not accept or receive from a license holder
9-26     money, property, or any other thing of value as payment for
9-27     employment with a bonding business if the person has been convicted
 10-1    of a misdemeanor involving moral turpitude or of a felony.
 10-2          (d) [(c)]  A person commits an offense if the person violates
 10-3    this section.  An offense under this section is a Class A
 10-4    misdemeanor.
 10-5          SECTION 11. Sections 1704.154(b) and 1704.155, Occupations
 10-6    Code, as amended by this Act, apply only to an application filed on
 10-7    or after the effective date of this Act.  An application filed
 10-8    before the effective date of this Act is governed by the law in
 10-9    effect immediately before the effective date of this Act, and that
10-10    law is continued in effect for that purpose.
10-11          SECTION 12. Section 1704.160, Occupations Code, as amended by
10-12    this Act, applies only to a deposit that is required on or after
10-13    the effective date of this Act.  A deposit that is required before
10-14    the effective date of this Act is governed by the law in effect
10-15    immediately before the effective date of this Act, and that law is
10-16    continued in effect for that purpose.
10-17          SECTION 13. Section 1704.203, Occupations Code, as amended by
10-18    this Act, applies only to an act that occurs on or after the
10-19    effective date of this Act.  An act that occurs before the
10-20    effective date of this Act is governed by the law in effect
10-21    immediately before the effective date of this Act, and that law is
10-22    continued in effect for that purpose.
10-23          SECTION 14. This Act takes effect September 1, 2001.