1-1     By:  Armbrister                                       S.B. No. 1119
 1-2           (In the Senate - Filed March 6, 2001; March 7, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 23, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 23, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1119              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of bail bond sureties; providing a
1-11     penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subdivision (2), Section 1704.001, Occupations
1-14     Code, is amended to read as follows:
1-15                 (2)  "Bail bond surety" means a person who:
1-16                       (A)  executes a bail bond as a surety or cosurety
1-17     for another person; or
1-18                       (B)  for compensation deposits cash to ensure the
1-19     appearance in court of a person accused of a crime.
1-20           SECTION 2.  Subchapter C, Chapter 1704, Occupations Code, is
1-21     amended by adding Section 1704.109 to read as follows:
1-22           Sec. 1704.109.  SOLICITATION AND ADVERTISEMENT.  A board by
1-23     rule may regulate solicitations or advertisements by or on behalf
1-24     of license holders to protect the public from harassment, fraud, or
1-25     misrepresentation.
1-26           SECTION 3.  Section 1704.152, Occupations Code, is amended by
1-27     amending Subsection (a) and adding Subsection (c) to read as
1-28     follows:
1-29           (a)  To be eligible for a license under this chapter, an
1-30     individual, including an agent designated by a corporation in an
1-31     application, must:
1-32                 (1)  be a resident of this state and a citizen of the
1-33     United States;
1-34                 (2)  be at least 18 years of age; [and]
1-35                 (3)  possess the financial resources required to comply
1-36     with Section 1704.160, unless the individual is acting only as
1-37     agent for a corporation holding a license under this chapter; and
1-38                 (4)  have, in the two years preceding the date a
1-39     license application is filed:
1-40                       (A)  at least one year of continuous work
1-41     experience in the bail bond business; and
1-42                       (B)  completed at least eight hours of continuing
1-43     legal education in criminal law courses or bail bond law courses
1-44     that are approved by the State Bar of Texas and that are offered by
1-45     an institution of higher education accredited by the state.
1-46           (c)  Subsection (a)(4) does not apply to the issuance of an
1-47     original license:
1-48                 (1)  in a county before the first anniversary of the
1-49     date a board is created in the county; or
1-50                 (2)  to an individual who applies to operate the bail
1-51     bond business of a license holder who has died if the individual is
1-52     related to the decedent within the first degree by consanguinity or
1-53     is the decedent's surviving spouse.
1-54           SECTION 4.  Section 1704.154, Occupations Code, is amended by
1-55     amending Subsections (b) and (c) and adding Subsections (d) and (e)
1-56     to read as follows:
1-57           (b)  The application must:
1-58                 (1)  be in a form and contain the information
1-59     prescribed by the board;
1-60                 (2)  state:
1-61                       (A)  the applicant's name, age, and address;
1-62                       (B)  if the applicant is a corporation, whether
1-63     the applicant is:
1-64                             (i)  chartered or admitted to do business
 2-1     in this state; and
 2-2                             (ii)  qualified to write fidelity,
 2-3     guaranty, and surety bonds under the Insurance Code;
 2-4                       (C)  the name under which the bail bond business
 2-5     will be conducted, including a bail bond business that is a
 2-6     corporation; [and]
 2-7                       (D)  each place, including the street address and
 2-8     municipality, at which the business will be conducted; and
 2-9                       (E)  the amount of cash or the cash value of a
2-10     certificate of deposit or cashier's check that the applicant
2-11     intends to deposit with the county treasurer if the applicant's
2-12     application is approved or, if the applicant is an individual
2-13     intending to execute nonexempt real property in trust to the board,
2-14     the value of the real property;
2-15                 (3)  if the applicant is an individual, be accompanied
2-16     by[:]
2-17                       [(A)]  a list, as required by Section 1704.155,
2-18     of nonexempt real property owned by the applicant that the
2-19     applicant intends to execute in trust to the board if the
2-20     applicant's application is approved; and
2-21                       [(B)  a statement showing the amount of cash or
2-22     cash equivalent, or the cash value of a certificate of deposit or
2-23     cashier's check, that the applicant intends to deposit with the
2-24     county treasurer if the applicant's application is approved; and]
2-25                 (4)  be accompanied by:
2-26                       (A)  the applicant's complete, sworn financial
2-27     statement;
2-28                       (B)  the applicant's declaration that the
2-29     applicant will comply with this chapter and the rules adopted by
2-30     the board;
2-31                       (C)  three letters of recommendation, each from a
2-32     person who:
2-33                             (i)  is reputable; and
2-34                             (ii)  has known the applicant or, if the
2-35     applicant is a corporation, the agent designated by the corporation
2-36     in the application [person who will be in charge of the applicant's
2-37     business in the county] for at least three years;
2-38                       (D)  a $500 filing fee;
2-39                       (E)  a photograph of the applicant or, if the
2-40     applicant is a corporation, of the agent designated by the
2-41     corporation in the application [person who will be in charge of the
2-42     applicant's business in the county];
2-43                       (F)  a set of fingerprints of the applicant[,]
2-44     or, if the applicant is a corporation, of the agent designated by
2-45     the corporation in the application [person who will be in charge of
2-46     the applicant's business in the county] taken by a law enforcement
2-47     officer designated by the board; [and]
2-48                       (G)  if the applicant [or, if the applicant is a
2-49     corporation, the person who will be in charge of the applicant's
2-50     business in the county] is or has been licensed under this chapter
2-51     in another county:
2-52                             (i)  a list of each county in which the
2-53     applicant holds a license; and
2-54                             (ii)  a statement by the applicant that, as
2-55     of the date of the application, the applicant has no unpaid final
2-56     judgments of forfeiture against the applicant in any county in
2-57     which the applicant holds or has held a license; and
2-58                       (H)  if the applicant is a corporation, a
2-59     statement by the designated agent of any unpaid final judgments of
2-60     forfeiture on any bond executed by the agent[, a letter from the
2-61     board of that county stating whether the applicant is in good
2-62     standing in the county in which the person is licensed].
2-63           (c)  A letter of recommendation submitted under Subsection
2-64     (b)(4)(C) must:
2-65                 (1)  state that the applicant or, if the applicant is a
2-66     corporation, the agent designated by the corporation in the
2-67     application [person who will be in charge of the applicant's
2-68     business in the county] has a reputation for honesty, truthfulness,
2-69     fair dealing, and competency; and
 3-1                 (2)  recommend that the board issue the license.
 3-2           (d)  The existence of an unpaid final judgment disclosed
 3-3     under Subsection (b)(4)(H) may not bar licensure but may be
 3-4     considered by the board in determining whether to grant a license
 3-5     to the corporation with that agent.
 3-6           (e)  A corporation must file a separate corporate application
 3-7     for each agent the corporation designates in the county.
 3-8           SECTION 5.  Section 1704.155, Occupations Code, is amended to
 3-9     read as follows:
3-10           Sec. 1704.155.  REAL PROPERTY LIST.  A list of nonexempt real
3-11     property required under Section 1704.154(b)(3) [1704.154(b)(3)(A)]
3-12     must, for each parcel listed, include:
3-13                 (1)  a legal description of the property that would be
3-14     sufficient to convey the property by general warranty deed;
3-15                 (2)  a current statement from each taxing unit
3-16     authorized to impose taxes on the property showing:
3-17                       (A)  that there is no outstanding tax lien
3-18     against the property; and
3-19                       (B)  the net value of the property according to a
3-20     current appraisal made by a real estate appraiser who is a member
3-21     in good standing of a nationally recognized professional appraiser
3-22     society or trade organization that has an established code of
3-23     ethics, educational program, and professional certification
3-24     program;
3-25                 (3)  a statement by the applicant that, while the
3-26     property remains in trust, the applicant:
3-27                       (A)  agrees to pay the taxes on the property;
3-28                       (B)  will not further encumber the property
3-29     unless the applicant notifies the board of the applicant's intent
3-30     to encumber the property and the board permits the encumbrance; and
3-31                       (C)  agrees to maintain insurance on any
3-32     improvements on the property against damage or destruction in the
3-33     full amount of the value claimed for the improvements;
3-34                 (4)  a statement of whether the applicant is married;
3-35     and
3-36                 (5)  if the applicant is married, a sworn statement
3-37     from the applicant's spouse agreeing to transfer to the board, as a
3-38     part of the trust, any right, title, or interest that the spouse
3-39     may have in the property.
3-40           SECTION 6.  Subsections (a), (b), and (c), Section 1704.160,
3-41     Occupations Code, are amended to read as follows:
3-42           (a)  On receipt of notice under Section 1704.159 that an
3-43     application has been conditionally approved, the applicant, not
3-44     later than the 90th day after the date of receipt of the notice,
3-45     must:
3-46                 (1)  if the applicant is an individual:
3-47                       (A)  subject to Subsection (b), deposit with the
3-48     county treasurer a cashier's check, certificate of deposit, or
3-49     cash[, or cash equivalent] in the amount stated on the application
3-50     under Section 1704.154(b)(2)(E) [1704.154(b)(3)(B)]; or
3-51                       (B)  subject to Subsections (c)-(e), execute in
3-52     trust to the board each deed to the property listed on the
3-53     application under Section 1704.154(b)(3) [1704.154(b)(3)(A)]; or
3-54                 (2)  if the applicant is a corporation, subject to
3-55     Subsection (b), deposit with the county treasurer a cashier's
3-56     check, certificate of deposit, or cash in the amount stated on the
3-57     application under Section 1704.154(b)(2)(E) [provide to the sheriff
3-58     an irrevocable letter of credit as a cash equivalent to pay any
3-59     final judgment of a forfeiture on a bail bond executed by the
3-60     applicant].
3-61           (b)  A deposit made under Subsection (a)(1)(A) or (a)(2) may
3-62     not be less than $50,000[, except that the deposit may not be less
3-63     than $10,000 in a county with a population of less than 250,000].
3-64     A deposit made to a county with a population of less than 250,000
3-65     shall be placed in a fund known as a bail security fund.
3-66           (c)  The total value of the property executed in trust under
3-67     Subsection (a)(1)(B) may not be less than $50,000[, except that the
3-68     value may not be less than $10,000 in a county with a population of
3-69     less than 250,000].
 4-1           SECTION 7.  Section 1704.163, Occupations Code, is amended to
 4-2     read as follows:  
 4-3           Sec. 1704.163.  ATTORNEY EXEMPTION.  (a)  Except as provided
 4-4     by this section [Subsection (c)], a person not licensed under this
 4-5     chapter may execute a bail bond or act as a surety for another
 4-6     person if the person:
 4-7                 (1)  is licensed to practice law in this state; and
 4-8                 (2)  represents the other person in a criminal case.
 4-9           (b)  A person executing a bail bond or acting as a surety
4-10     under this section may not engage in conduct involved with that
4-11     practice that would subject a bail bond surety to license
4-12     suspension or revocation.  If the board [sheriff] determines that a
4-13     person has violated this subsection, the person may not execute a
4-14     bail bond or act as a surety under this section until the person
4-15     has remedied the violation.
4-16           (c)  A person executing a bail bond or acting as a surety
4-17     under this section who has been paid a fee for executing the bond
4-18     or acting as the surety is not relieved of liability on the bond
4-19     solely because the person has not been employed to represent the
4-20     principal on the merits of the criminal case.
4-21           SECTION 8.  Subsection (b), Section 1704.207, Occupations
4-22     Code, is amended to read as follows:
4-23           (b)  If a principal is surrendered under Subsection (a) and
4-24     the principal[, an agent of the board of the county in which the
4-25     bond was executed,] or an attorney representing the state or an
4-26     accused in the case determines that a reason for the surrender was
4-27     without reasonable cause, the person may contest the surrender in
4-28     the court that authorized the surrender.
4-29           SECTION 9.  Section 1704.211, Occupations Code, is amended by
4-30     amending Subsection (b) and adding Subsection (d) to read as
4-31     follows:
4-32           (b)  An agent designated by a power of attorney under
4-33     Subsection (a) for a corporation holding a license under this
4-34     chapter must be designated by the corporation in the corporation's
4-35     application for a license [holder under this chapter].
4-36           (d)  A corporation may limit the authority of an agent
4-37     designated under Subsection (a) by specifying the limitation in the
4-38     power of attorney that is filed with the county clerk and the
4-39     board.
4-40           SECTION 10.  Subsection (c), Section 1704.212, Occupations
4-41     Code, is amended to read as follows:
4-42           (c)  For purposes of this section:
4-43                 (1)  a corporation is considered in default on a bail
4-44     bond beginning on the 11th day after the date the trial court
4-45     enters a final judgment on the scire facias and ending on the date
4-46     the judgment is satisfied, [or] set aside, or superseded; and
4-47                 (2)  a corporation is not considered in default on a
4-48     bail bond if, pending appeal, the corporation deposits cash or a
4-49     supersedeas bond in the amount of the final judgment with the court
4-50     in which the bond is executed.
4-51           SECTION 11.  Subchapter E, Chapter 1704, Occupations Code, is
4-52     amended by adding Section 1704.213 to read as follows:
4-53           Sec. 1704.213.  OFFICE LOCATION.  (a)  A license holder shall
4-54     maintain an office in the county in which the license holder holds
4-55     a license.
4-56           (b)  Not later than the seventh day after the date a license
4-57     holder opens a new office or moves an office to a new location, the
4-58     license holder shall notify the board of the location of the
4-59     office.
4-60           SECTION 12.  The heading of Section 1704.302, Occupations
4-61     Code, is amended to read as follows:
4-62           Sec. 1704.302.  PROHIBITED REFERRALS OF OR EMPLOYMENTS WITH
4-63     BONDING BUSINESS; OFFENSE.
4-64           SECTION 13.  Section 1704.302, Occupations Code, is amended
4-65     by adding Subsection (c) and by redesignating existing Subsection
4-66     (c) as Subsection (d) to read as follows:
4-67           (c)  A person may not accept or receive from a license holder
4-68     money, property, or any other thing of value as payment for
4-69     employment with a bonding business if, within the preceding 10
 5-1     years, the person has been convicted of a misdemeanor involving
 5-2     moral turpitude or of a felony.
 5-3           (d)  A person commits an offense if the person violates this
 5-4     section.  An offense under this section is a Class A misdemeanor.
 5-5           SECTION 14.  Subsections (b) and (c), Section 1704.303,
 5-6     Occupations Code, are amended to read as follows:
 5-7           (b)  A person may not advertise as a bail bond surety in a
 5-8     county unless the person holds a license issued under this chapter
 5-9     by a bail bond board in that county.  A person does not violate
5-10     this subsection if the person places an advertisement that appears
5-11     in more than one county and:
5-12                 (1)  the advertisement clearly indicates the county or
5-13     counties in which the person holds a license issued under this
5-14     chapter; and
5-15                 (2)  any local telephone number in the advertisement is
5-16     a local number only for a county in which the person holds a
5-17     license issued under this chapter.
5-18           (c)  A person commits an offense if the person violates this
5-19     section.  An offense under this section is a Class B [C]
5-20     misdemeanor.
5-21           SECTION 15.  Section 1704.304, Occupations Code, is amended
5-22     by adding a new Subsection (d) and redesignating current Subsection
5-23     (d) as Subsection (e) to read as follows:
5-24           (d)  A person may not place a device in a place of detention,
5-25     confinement, or imprisonment that dispenses a bail bond in exchange
5-26     for a fee.
5-27           (e)  A person commits an offense if the person violates this
5-28     section.  An offense under this section is a Class B misdemeanor.
5-29           SECTION 16.  (a)  Except as provided by Subsection (b) of
5-30     this section, the changes in law made by this Act to the
5-31     requirements for an original bail bond license or to renew a bail
5-32     bond license apply only to an application for a bail bond license
5-33     or to renew a bail bond license that is made on or after the
5-34     effective date of this Act.
5-35           (b)  The changes in law made by this Act to Section 1704.152,
5-36     Occupations Code, relating to the renewal of a bail bond license by
5-37     a person who holds a bail bond license immediately before the
5-38     effective date of this Act apply only to a renewal that occurs on
5-39     or after September 1, 2002.
5-40           SECTION 17.  The change in law made by this Act to Subsection
5-41     (c), Section 1704.302, Occupations Code, applies only to a person
5-42     employed by a bonding business after the effective date of this
5-43     Act.
5-44           SECTION 18.  (a)  The change in law made by this Act to
5-45     Section 1704.303, Occupations Code, applies only to an offense
5-46     committed on or after the effective date of this Act.
5-47           (b)  For purposes of this section, an offense is committed
5-48     before the effective date of this Act if any element of the offense
5-49     occurs before that date.  An offense committed before the effective
5-50     date of this Act is covered by the law in effect on the date the
5-51     offense is committed, and the former law is continued in effect for
5-52     that purpose.
5-53           SECTION 19.  This Act takes effect September 1, 2001.
5-54                                  * * * * *