77R14754 GJH-F                          
         By Armbrister                                         S.B. No. 1119
         Substitute the following for S.B. No. 1119:
         By Hinojosa                                       C.S.S.B. No. 1119
                                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.  Subdivision (2), Section 1704.001, Occupations
 1-6     Code, is amended to read as follows:
 1-7                 (2)  "Bail bond surety" means a person who:
 1-8                       (A)  executes a bail bond as a surety or cosurety
 1-9     for another person; or
1-10                       (B)  for compensation deposits cash to ensure the
1-11     appearance in court of a person accused of a crime.
1-12           SECTION 2.  Subchapter C, Chapter 1704, Occupations Code, is
1-13     amended by adding Section 1704.109 to read as follows:
1-14           Sec. 1704.109.  SOLICITATION AND ADVERTISEMENT.  A board by
1-15     rule may regulate solicitations or advertisements by or on behalf
1-16     of license holders to protect the public from harassment, fraud, or
1-17     misrepresentation.
1-18           SECTION 3.  Section 1704.152, Occupations Code, is amended by
1-19     amending Subsection (a) and adding Subsection (c) to read as
1-20     follows:
1-21           (a)  To be eligible for a license under this chapter, an
1-22     individual, including an agent designated by a corporation in an
1-23     application, must:
1-24                 (1)  be a resident of this state and a citizen of the
 2-1     United States;
 2-2                 (2)  be at least 18 years of age; [and]
 2-3                 (3)  possess the financial resources required to comply
 2-4     with Section 1704.160, unless the individual is acting only as
 2-5     agent for a corporation holding a license under this chapter; and
 2-6                 (4)  have, in the two years preceding the date a
 2-7     license application is filed:
 2-8                       (A)  at least one year of continuous work
 2-9     experience in the bail bond business; and
2-10                       (B)  completed at least eight hours of continuing
2-11     legal education in criminal law courses or bail bond law courses
2-12     that are approved by the State Bar of Texas and that are offered by
2-13     an institution of higher education accredited by the state.
2-14           (c)  Subsection (a)(4) does not apply to the issuance of an
2-15     original license:
2-16                 (1)  in a county before the first anniversary of the
2-17     date a board is created in the county; or
2-18                 (2)  to an individual who applies to operate the bail
2-19     bond business of a license holder who has died if the individual is
2-20     related to the decedent within the first degree by consanguinity or
2-21     is the decedent's surviving spouse.
2-22           SECTION 4.  Section 1704.154, Occupations Code, is amended by
2-23     amending Subsections (b) and (c) and adding Subsections (d) and (e)
2-24     to read as follows:
2-25           (b)  The application must:
2-26                 (1)  be in a form and contain the information
2-27     prescribed by the board;
 3-1                 (2)  state:
 3-2                       (A)  the applicant's name, age, and address;
 3-3                       (B)  if the applicant is a corporation, whether
 3-4     the applicant is:
 3-5                             (i)  chartered or admitted to do business
 3-6     in this state; and
 3-7                             (ii)  qualified to write fidelity,
 3-8     guaranty, and surety bonds under the Insurance Code;
 3-9                       (C)  the name under which the bail bond business
3-10     will be conducted, including a bail bond business that is a
3-11     corporation; [and]
3-12                       (D)  each place, including the street address and
3-13     municipality, at which the business will be conducted; and
3-14                       (E)  the amount of cash or the cash value of a
3-15     certificate of deposit or cashier's check that the applicant
3-16     intends to deposit with the county treasurer if the applicant's
3-17     application is approved or, if the applicant is an individual
3-18     intending to execute nonexempt real property in trust to the board,
3-19     the value of the real property;
3-20                 (3)  if the applicant is an individual, be accompanied
3-21     by[:]
3-22                       [(A)]  a list, as required by Section 1704.155,
3-23     of nonexempt real property owned by the applicant that the
3-24     applicant intends to execute in trust to the board if the
3-25     applicant's application is approved; and
3-26                       [(B)  a statement showing the amount of cash or
3-27     cash equivalent, or the cash value of a certificate of deposit or
 4-1     cashier's check, that the applicant intends to deposit with the
 4-2     county treasurer if the applicant's application is approved; and]
 4-3                 (4)  be accompanied by:
 4-4                       (A)  the applicant's complete, sworn financial
 4-5     statement;
 4-6                       (B)  the applicant's declaration that the
 4-7     applicant will comply with this chapter and the rules adopted by
 4-8     the board;
 4-9                       (C)  three letters of recommendation, each from a
4-10     person who:
4-11                             (i)  is reputable; and
4-12                             (ii)  has known the applicant or, if the
4-13     applicant is a corporation, the agent designated by the corporation
4-14     in the application [person who will be in charge of the applicant's
4-15     business in the county] for at least three years;
4-16                       (D)  a $500 filing fee;
4-17                       (E)  a photograph of the applicant or, if the
4-18     applicant is a corporation, of the agent designated by the
4-19     corporation in the application [person who will be in charge of the
4-20     applicant's business in the county];
4-21                       (F)  a set of fingerprints of the applicant[,]
4-22     or, if the applicant is a corporation, of the agent designated by
4-23     the corporation in the application [person who will be in charge of
4-24     the applicant's business in the county] taken by a law enforcement
4-25     officer designated by the board; [and]
4-26                       (G)  if the applicant [or, if the applicant is a
4-27     corporation, the person who will be in charge of the applicant's
 5-1     business in the county] is or has been licensed under this chapter
 5-2     in another county:
 5-3                             (i)  a list of each county in which the
 5-4     applicant holds a license; and
 5-5                             (ii)  a statement by the applicant that, as
 5-6     of the date of the application, the applicant has no unpaid final
 5-7     judgments of forfeiture against the applicant in any county in
 5-8     which the applicant holds or has held a license; and
 5-9                       (H)  if the applicant is a corporation, a
5-10     statement by the designated agent of any unpaid final judgments of
5-11     forfeiture on any bond executed by the agent[, a letter from the
5-12     board of that county stating whether the applicant is in good
5-13     standing in the county in which the person is licensed].
5-14           (c)  A letter of recommendation submitted under Subsection
5-15     (b)(4)(C) must:
5-16                 (1)  state that the applicant or, if the applicant is a
5-17     corporation, the agent designated by the corporation in the
5-18     application [person who will be in charge of the applicant's
5-19     business in the county] has a reputation for honesty, truthfulness,
5-20     fair dealing, and competency; and
5-21                 (2)  recommend that the board issue the license.
5-22           (d)  The existence of an unpaid final judgment disclosed
5-23     under Subsection (b)(4)(H) may not bar licensure but may be
5-24     considered by the board in determining whether to grant a license
5-25     to the corporation with that agent.
5-26           (e)  A corporation must file a separate corporate application
5-27     for each agent the corporation designates in the county.
 6-1           SECTION 5.  Section 1704.155, Occupations Code, is amended to
 6-2     read as follows:
 6-3           Sec. 1704.155.  REAL PROPERTY LIST.  A list of nonexempt real
 6-4     property required under Section 1704.154(b)(3) [1704.154(b)(3)(A)]
 6-5     must, for each parcel listed, include:
 6-6                 (1)  a legal description of the property that would be
 6-7     sufficient to convey the property by general warranty deed;
 6-8                 (2)  a current statement from each taxing unit
 6-9     authorized to impose taxes on the property showing:
6-10                       (A)  that there is no outstanding tax lien
6-11     against the property; and
6-12                       (B)  the net value of the property according to a
6-13     current appraisal made by a real estate appraiser who is a member
6-14     in good standing of a nationally recognized professional appraiser
6-15     society or trade organization that has an established code of
6-16     ethics, educational program, and professional certification
6-17     program;
6-18                 (3)  a statement by the applicant that, while the
6-19     property remains in trust, the applicant:
6-20                       (A)  agrees to pay the taxes on the property;
6-21                       (B)  will not further encumber the property
6-22     unless the applicant notifies the board of the applicant's intent
6-23     to encumber the property and the board permits the encumbrance; and
6-24                       (C)  agrees to maintain insurance on any
6-25     improvements on the property against damage or destruction in the
6-26     full amount of the value claimed for the improvements;
6-27                 (4)  a statement of whether the applicant is married;
 7-1     and
 7-2                 (5)  if the applicant is married, a sworn statement
 7-3     from the applicant's spouse agreeing to transfer to the board, as a
 7-4     part of the trust, any right, title, or interest that the spouse
 7-5     may have in the property.
 7-6           SECTION 6.  Subsections (a), (b), and (c), Section 1704.160,
 7-7     Occupations Code, are amended to read as follows:
 7-8           (a)  On receipt of notice under Section 1704.159 that an
 7-9     application has been conditionally approved, the applicant, not
7-10     later than the 90th day after the date of receipt of the notice,
7-11     must:
7-12                 (1)  if the applicant is an individual:
7-13                       (A)  subject to Subsection (b), deposit with the
7-14     county treasurer a cashier's check, certificate of deposit, or
7-15     cash[, or cash equivalent] in the amount stated on the application
7-16     under Section 1704.154(b)(2)(E) [1704.154(b)(3)(B)]; or
7-17                       (B)  subject to Subsections (c)-(e), execute in
7-18     trust to the board each deed to the property listed on the
7-19     application under Section 1704.154(b)(3) [1704.154(b)(3)(A)]; or
7-20                 (2)  if the applicant is a corporation, subject to
7-21     Subsection (b), deposit with the county treasurer a cashier's
7-22     check, certificate of deposit, or cash in the amount stated on the
7-23     application under Section 1704.154(b)(2)(E) [provide to the sheriff
7-24     an irrevocable letter of credit as a cash equivalent to pay any
7-25     final judgment of a forfeiture on a bail bond executed by the
7-26     applicant].
7-27           (b)  A deposit made under Subsection (a)(1)(A) or (a)(2) may
 8-1     not be less than $50,000[, except that the deposit may not be less
 8-2     than $10,000 in a county with a population of less than 250,000].
 8-3     A deposit made to a county with a population of less than 250,000
 8-4     shall be placed in a fund known as a bail security fund.
 8-5           (c)  The total value of the property executed in trust under
 8-6     Subsection (a)(1)(B) may not be less than $50,000[, except that the
 8-7     value may not be less than $10,000 in a county with a population of
 8-8     less than 250,000].
 8-9           SECTION 7.  Section 1704.163, Occupations Code, is amended to
8-10     read as follows:  
8-11           Sec. 1704.163.  ATTORNEY EXEMPTION.  (a)  Except as provided
8-12     by this section [Subsection (c)], a person not licensed under this
8-13     chapter may execute a bail bond or act as a surety for another
8-14     person if the person:
8-15                 (1)  is licensed to practice law in this state; and
8-16                 (2)  represents the other person in a criminal case.
8-17           (b)  A person executing a bail bond or acting as a surety
8-18     under this section may not engage in conduct involved with that
8-19     practice that would subject a bail bond surety to license
8-20     suspension or revocation.  If the board [sheriff] determines that a
8-21     person has violated this subsection, the person may not execute a
8-22     bail bond or act as a surety under this section until the person
8-23     has remedied the violation.
8-24           (c)  A person executing a bail bond or acting as a surety
8-25     under this section who has been paid a fee for executing the bond
8-26     or acting as the surety is not relieved of liability on the bond
8-27     solely because the person has not been employed to represent the
 9-1     principal on the merits of the criminal case.
 9-2           SECTION 8.  Subsection (b), Section 1704.207, Occupations
 9-3     Code, is amended to read as follows:
 9-4           (b)  If a principal is surrendered under Subsection (a) and
 9-5     the principal[, an agent of the board of the county in which the
 9-6     bond was executed,] or an attorney representing the state or an
 9-7     accused in the case determines that a reason for the surrender was
 9-8     without reasonable cause, the person may contest the surrender in
 9-9     the court that authorized the surrender.
9-10           SECTION 9.  Section 1704.211, Occupations Code, is amended by
9-11     amending Subsection (b) and adding Subsection (d) to read as
9-12     follows:
9-13           (b)  An agent designated by a power of attorney under
9-14     Subsection (a) for a corporation holding a license under this
9-15     chapter must be designated by the corporation in the corporation's
9-16     application for a license [holder under this chapter].
9-17           (d)  A corporation may limit the authority of an agent
9-18     designated under Subsection (a) by specifying the limitation in the
9-19     power of attorney that is filed with the county clerk and the
9-20     board.
9-21           SECTION 10.  Subsection (c), Section 1704.212, Occupations
9-22     Code, is amended to read as follows:
9-23           (c)  For purposes of this section:
9-24                 (1)  a corporation is considered in default on a bail
9-25     bond beginning on the 11th day after the date the trial court
9-26     enters a final judgment on the scire facias and ending on the date
9-27     the judgment is satisfied, [or] set aside, or superseded; and
 10-1                (2)  a corporation is not considered in default on a
 10-2    bail bond if, pending appeal, the corporation deposits cash or a
 10-3    supersedeas bond in the amount of the final judgment with the court
 10-4    in which the bond is executed.
 10-5          SECTION 11.  Subchapter E, Chapter 1704, Occupations Code, is
 10-6    amended by adding Section 1704.213 to read as follows:
 10-7          Sec. 1704.213.  OFFICE LOCATION.  (a)  A license holder shall
 10-8    maintain an office in the county in which the license holder holds
 10-9    a license.
10-10          (b)  Not later than the seventh day after the date a license
10-11    holder opens a new office or moves an office to a new location, the
10-12    license holder shall notify the board of the location of the
10-13    office.
10-14          SECTION 12.  The heading of Section 1704.302, Occupations
10-15    Code, is amended to read as follows:
10-16          Sec. 1704.302.  PROHIBITED REFERRALS OF OR EMPLOYMENTS WITH
10-17    BONDING BUSINESS; OFFENSE.
10-18          SECTION 13.  Section 1704.302, Occupations Code, is amended
10-19    by adding a new Subsection (c) and by redesignating existing
10-20    Subsection (c) as Subsection (d) to read as follows:
10-21          (c)  A person may not accept or receive from a license holder
10-22    money, property, or any other thing of value as payment for
10-23    employment with a bonding business if, within the preceding 10
10-24    years, the person has been convicted of a misdemeanor involving
10-25    moral turpitude or of a felony.
10-26          (d)  A person commits an offense if the person violates this
10-27    section.  An offense under this section is a Class A misdemeanor.
 11-1          SECTION 14.  Subsections (b) and (c), Section 1704.303,
 11-2    Occupations Code, are amended to read as follows:
 11-3          (b)  A person may not advertise as a bail bond surety in a
 11-4    county unless the person holds a license issued under this chapter
 11-5    by a bail bond board in that county.  A person does not violate
 11-6    this subsection if the person places an advertisement that appears
 11-7    in more than one county and:
 11-8                (1)  the advertisement clearly indicates the county or
 11-9    counties in which the person holds a license issued under this
11-10    chapter; and
11-11                (2)  any local telephone number in the advertisement is
11-12    a local number only for a county in which the person holds a
11-13    license issued under this chapter.
11-14          (c)  A person commits an offense if the person violates this
11-15    section.  An offense under this section is a Class B [C]
11-16    misdemeanor.
11-17          SECTION 15.  Section 1704.304, Occupations Code, is amended
11-18    by adding a new Subsection (d) and redesignating current Subsection
11-19    (d) as Subsection (e) to read as follows:
11-20          (d)  A person may not place a device in a place of detention,
11-21    confinement, or imprisonment that dispenses a bail bond in exchange
11-22    for a fee.
11-23          (e)  A person commits an offense if the person violates this
11-24    section.  An offense under this section is a Class B misdemeanor.
11-25          SECTION 16.  (a)  Except as provided by Subsection (b) of
11-26    this section, the changes in law made by this Act to the
11-27    requirements for an original bail bond license or to renew a bail
 12-1    bond license apply only to an application for a bail bond license
 12-2    or to renew a bail bond license that is made on or after the
 12-3    effective date of this Act.
 12-4          (b)  The changes in law made by this Act to Section 1704.152,
 12-5    Occupations Code, relating to the renewal of a bail bond license by
 12-6    a person who holds a bail bond license immediately before the
 12-7    effective date of this Act apply only to a renewal that occurs on
 12-8    or after September 1, 2002.
 12-9          SECTION 17.  The change in law made by this Act to Subsection
12-10    (c), Section 1704.302, Occupations Code, applies only to a person
12-11    employed by a bonding business after the effective date of this
12-12    Act.
12-13          SECTION 18.  (a)  The change in law made by this Act to
12-14    Section 1704.303, Occupations Code, applies only to an offense
12-15    committed on or after the effective date of this Act.
12-16          (b)  For purposes of this section, an offense is committed
12-17    before the effective date of this Act if any element of the offense
12-18    occurs before that date.  An offense committed before the effective
12-19    date of this Act is covered by the law in effect on the date the
12-20    offense is committed, and the former law is continued in effect for
12-21    that purpose.
12-22          SECTION 19.  This Act takes effect September 1, 2001.