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.