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.