78R1760 MXM-F
By: Keel H.B. No. 172
A BILL TO BE ENTITLED
AN ACT
relating to securing the appearance of certain persons who have
been released on bail; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.3863(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person contracts with
[or is employed by] a bail bond surety as defined by Chapter 1704 to
secure the appearance of a person who has forfeited a bail bond
[violated Section 38.10, Penal Code,] unless the person is:
(1) a peace officer;
(2) an individual licensed as a private investigator
or the manager of a licensed investigations company; [or]
(3) a commissioned security officer employed by a
licensed guard company;
(4) a bail bond surety who holds a license under
Chapter 1704 as an individual;
(5) the agent designated in the license application of
a corporate bail bond surety under Chapter 1704; or
(6) a full-time employee of:
(A) a bail bond surety who holds a license under
Chapter 1704 as an individual; or
(B) the agent designated in the license
application of a corporate bail bond surety under Chapter 1704.
SECTION 2. Article 17.19(e), Code of Criminal Procedure,
is amended to read as follows:
(e) An arrest warrant issued under this article may be
executed by:
(1) a peace officer;
(2) [,] a commissioned security officer employed by a
guard company licensed under Chapter 1702, Occupations Code;
(3) an individual licensed under Chapter 1702,
Occupations Code, as[, or] a private investigator or the manager of
a licensed investigations company;
(4) a bail bond surety who holds a license under
Chapter 1704, Occupations Code, as an individual;
(5) the agent that is designated in the license
application of a corporate bail bond surety under Chapter 1704,
Occupations Code; or
(6) a full-time employee of:
(A) a bail bond surety who holds a license under
Chapter 1704, Occupations Code, as an individual; or
(B) the agent that is designated in the license
application of a corporate bail bond surety under Chapter 1704,
Occupations Code [licensed in this state].
SECTION 3. Article 23.05(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A capias issued under this article may be executed by:
(1) a peace officer;
(2) an individual licensed under Chapter 1702,
Occupations Code, as [or by] a private investigator or the manager
of a licensed investigations company;
(3) a commissioned security officer employed by a
guard company licensed under Chapter 1702, Occupations Code;
(4) a bail bond surety who holds a license under
Chapter 1704, Occupations Code, as an individual;
(5) the agent that is designated in the license
application of a corporate bail bond surety under Chapter 1704,
Occupations Code; or
(6) a full-time employee of:
(A) a bail bond surety who holds a license under
Chapter 1704, Occupations Code, as an individual; or
(B) the agent that is designated in the license
application of a corporate bail bond surety under Chapter 1704,
Occupations Code.
SECTION 4. This Act takes effect September 1, 2003.