By: Jackson S.B. No. 1427
A BILL TO BE ENTITLED
AN ACT
relating to the board composition, establishing a minimum rank for
a designee, limiting the municipal court's representation on the
board to one position, the election process for the sureties
representative and the requirement for board members to read this
chapter and the local polices adopted by the board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Section 1704.053, Occupations
Code, is amended to read as follows:
Sec. 1704.053. BOARD COMPOSITION. A board consists of:
(1) the sheriff or a designee from the sheriff's office
who must be the sheriff's administrator or a deputy sheriff of the
rank of at least sergeant;
(2) a district judge of the county having jurisdiction
over criminal matters and designated by the presiding judge of the
administrative judicial district;
(3) the county judge, a member of the commissioners
court designated by the county judge, or a designee approved by the
commissioners court who holds a management position in the office
of county judge;
(4) a judge of a county court or county court at law in
the county having jurisdiction over criminal matters and designated
by the commissioners court;
(5) the district attorney or an assistant district
attorney designated by the district attorney;
(6) a licensed bail bond surety or agent for a
corporate surety in the county elected under Section 1704.0535;
(7) a justice of the peace;
(8) the district clerk or the clerk's designee who
holds a management position position in the office of the district
clerk;
(9) the county clerk or the clerk's designee who holds
a management position in the office of the county clerk, if the
county clerk has responsibility over criminal matters;
(10) if appointed by the board, a presiding judge of a
municipal court in the county;
(10) if the county's principal municipality designates
a presiding judge in the municipal court system, the presiding
judge or a municipal judge from the system designated by the
presiding judge; and
(11) if the county's principal municipality designates
a presiding judge in the municipal court system, the presiding
judge or a municipal judge from the system designated by the
presiding judge; the county treasurer or the treasurer's designee
who holds a management position within the office of the county
treasurer or, if appointed by the commissioners court in a county
that does not have a county treasurer, the person designated by the
county commissioners court to perform the duties of the county
treasurer.
(12)
SECTION 2. Subchapter B, Chapter 1704, Occupations
Code, is amended by adding Section 1704.0535 to read as follows:
Sec. 1704.0535 ELECTION OF BAIL BOND SURETY BOARD
MEMBER; ALTERNATE MEMBER. (a) The board shall annually conduct a
secret ballot election to elect the member of the board who serves
as the representative of the licensed bail bond sureties by
electing:
(1) a licensed bail bond surety or agent for a
corporate surety board member who has been nominated and seconded
by two other bail bond sureties licensed in the county; and
(2) an alternate licensed bail bond surety or agent
for a corporate surety board member who has been nominated by
another bail bond surety licensed in the county.
(b) Each individual licensed in the county is entitled to
cast one vote for each position in the election.
(c) The alternate board member chosen under Subsection
(a)(2) shall serve on the board when the primary member is absent
from a board meeting.
(d) The board member and the alternate board member shall be
limited to three consecutive terms with no limit as to the number of
terms that can be served.
SECTION 3. Subchapter B, Section 1704.102, Occupations
Code, is amended to read as follows:
Sec. 1704.102. ENFORCEMENT AUTHORITY. (a) A board shall:
(1) enforce this chapter in the county;
(2) conduct hearings and investigations and make
determinations relating to license suspension and revocation;
(3) suspend or revoke a license for a violation of this
chapter or a local policy rule adopted by the board under this
chapter that has been approved by the county attorney prior to being
enforced; and
(4) require a record and transcription of each board
proceeding; and
(5) require each board member prior to serving on the
board to read
(A) Chapter 1704. Regulation of Bail Bond Sureties;
(B) rules adopted by the board pursuant to this chapter
after having been approved by the county attorney; and
(6) require each board member to file a written
statement with the board secretary stating that they have completed
the requirements of 1704.102(5)
(b) A board may:
(1) compel the appearance before the board of an
applicant or license holder; and
(2) during a hearing conducted by the board,
administer oaths, examine witnesses, and compel the production of
pertinent records and testimony by a license holder or applicant.
SECTION 4. This act takes effect September 1, 2003.