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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of bail bond sureties; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1704.152(a), Occupations Code, is |
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amended to read as follows: |
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(a) To be eligible for a license under this chapter, an |
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individual, including an agent designated by a corporation in an |
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application, must: |
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(1) be a resident of this state and a citizen of the |
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United States; |
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(2) be at least 18 years of age; |
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(3) possess the financial resources required to comply |
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with Section 1704.160, unless the individual is acting only as |
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agent for a corporation holding a license under this chapter; and |
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(4) submit documentary evidence that, in the two years |
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preceding the date a license application is filed, the individual[:
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[(A) has been continuously employed by a person
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licensed under this chapter for at least one year and for not less
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than 30 hours per week, excluding annual leave, and has performed
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duties that encompass all phases of the bonding business; and
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[(B)] completed in person at least eight hours of |
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continuing legal education in criminal law courses or bail bond law |
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courses that are approved by the State Bar of Texas and that are |
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offered by an accredited institution of higher education in the |
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state. |
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SECTION 2. Subchapter D, Chapter 1704, Occupations Code, is |
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amended by adding Section 1704.1591 to read as follows: |
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Sec. 1704.1591. INITIAL LICENSE. (a) An initial license |
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issued under this chapter is valid for one year. |
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(b) During the first year a person holds a license issued |
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under this chapter, the board may review the license holder at any |
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time and shall review the license holder to determine compliance |
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with this chapter: |
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(1) six months after the date the initial license is |
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issued; and |
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(2) not later than the first anniversary of the date |
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the initial license is issued. |
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(c) If the board determines in its review under Subsection |
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(b)(2) that the license holder is in compliance with this chapter, |
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the license holder may renew the license in the manner provided by |
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Section 1704.162. |
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SECTION 3. Section 1704.162(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 1704.1591, a [A] license |
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issued or renewed under this chapter expires on the second |
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anniversary after the date the license is issued or is to expire, as |
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appropriate, if the license: |
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(1) has been issued for less than eight consecutive |
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years; or |
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(2) has been suspended. |
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SECTION 4. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.034 to read as follows: |
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Art. 17.034. FEE WHEN PERSONAL BOND IS ISSUED. (a) A |
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person, other than an attorney representing the defendant, may not |
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charge a fee for assisting a defendant to obtain release on personal |
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bond. This section does not apply to a fee imposed under Article |
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17.42. |
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(b) A person commits an offense if the person violates |
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Subsection (a). |
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(c) An offense under this section is a Class A misdemeanor. |
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SECTION 5. The changes in law made by this Act by the |
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amendment of Section 1704.152(a), Occupations Code, and the |
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addition of Section 1704.1591, Occupations Code, apply only to an |
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application filed with a bail bond board on or after the effective |
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date of this Act. An application filed before that date is governed |
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by the law in effect when the application is filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |