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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(a), Occupations Code, is |
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amended to read as 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; |
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(2) submits a sworn financial statement to the |
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sheriff; |
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(3) possesses the financial resources to execute the |
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bail bond or act as a surety; |
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(4) complies with the security requirements of Section |
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1704.160; and |
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(5) [(2)] at the time the bond is executed or the |
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person acts 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) presents an affidavit signed by the principal |
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that states that the principal has signed a contract retaining the |
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person as counsel for the criminal case for which the bond was |
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executed or surety provided. |
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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. |