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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of an attorney from licensing |
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requirements for bail bond sureties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1704.163, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by this section, a person not |
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licensed under this chapter may execute a bail bond or act as a |
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surety for another person in any county in this state if the person: |
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(1) is licensed to practice law in this state; and |
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(2) at the time the bond is executed or the person acts |
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as a surety: |
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(A) [,] files a notice of appearance as counsel |
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of record in the criminal case for which the bond was executed or |
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surety provided or submits proof that the person has previously |
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filed with the court in which the criminal case is pending the |
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notice of appearance as counsel of record; and |
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(B) if a bond is executed, presents an affidavit |
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that: |
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(i) is signed by the principal; |
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(ii) is attached to the bond; and |
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(iii) states that the principal has signed |
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a contract retaining the person as counsel for the criminal case for |
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which the bond was executed. |
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(a-1) A person not licensed under this chapter may execute a |
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bail bond or act as a surety for another person in a case involving a |
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Class C misdemeanor if the person: |
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(1) is licensed to practice law in this state; and |
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(2) at the time the bond is executed or the person acts |
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as a surety, files a notice of appearance as counsel of record in |
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the criminal case for which the bond was executed or surety provided |
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or submits proof that the person has previously filed with the court |
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in which the criminal case is pending the notice of appearance as |
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counsel of record. |
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SECTION 2. The change in law made by this Act applies only |
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to a bail bond executed or a person who acts as a surety on or after |
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the effective date of this Act. A bail bond executed or a person who |
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acts as a surety before the effective date of this Act is governed |
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by the law in effect on the date the bail bond was executed or the |
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person acted as a surety, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |