By:  Talton                                                       H.B. No. 2767



A BILL TO BE ENTITLED

AN ACT

relating to the release of a criminal defendant in certain cases and 
the eligibility of certain individuals to act as sureties on bail 
bonds.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 17.10, Code of Criminal Procedure, is 
amended to read as follows:
	Article 17.10.  DISQUALIFIED SURETIES.  (a)  A minor may not 
[cannot] be surety on a bail bond, but the accused party may sign as 
principal.
	(b)  A person, for compensation, may not be a surety on a bail 
bond written in a county in which a county bail bond board regulated 
under Chapter 1704, Occupations Code, does not exist unless the 
person, within two years before the bail bond is given, completed in 
person at least eight hours of continuing legal education in 
criminal law courses or bail bond law courses that are:
		(1)  approved by the State Bar of Texas; and                           
		(2)  offered by an accredited institution of higher 
education in this state.
	SECTION 2.  Article 32.01, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 32.01.  DEFENDANT IN CUSTODY AND NO INDICTMENT 
PRESENTED.   When a defendant has been detained in custody or held 
to bail for his appearance to answer any criminal accusation 
[before the district court],the prosecution, unless otherwise 
ordered by the court, for good cause shown, supported by affadavit, 
shall be dismissed and the bail discharged, if indictment or 
information be not presented against such defendant at the next 
term of the court which is held after his commitment of admission or 
admission to bail.
	SECTION 3.  This Act takes effect September 1, 2005.