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By: Harless (Senate Sponsor - Huffman) |
H.B. No. 1822 |
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(In the Senate - Received from the House April 26, 2011; |
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April 29, 2011, read first time and referred to Committee on |
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Criminal Justice; May 19, 2011, reported favorably by the |
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following vote: Yeas 7, Nays 0; May 19, 2011, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the withdrawal of security by a bail bond surety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1704.210, Occupations Code, is amended |
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to read as follows: |
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Sec. 1704.210. WITHDRAWAL OF SECURITY. (a) A license |
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holder may withdraw the security or a portion of the security |
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deposited or executed under Section 1704.160, and the security |
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shall be returned to the license holder or the license holder's |
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heirs or assigns, if the person requesting the withdrawal is: |
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(1) a [the] license holder in good standing and the |
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amount of the security remaining after the withdrawal is: |
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(A) at least the minimum amount required by |
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Section 1704.160; and |
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(B) an amount sufficient to maintain the ratios |
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required by Section 1704.203 [ceases to engage in the bonding
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business;
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[(B) ceases to maintain the license; and
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[(C) presents a release by the board]; or [and] |
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(2) a former license holder who has ceased to engage in |
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the bonding business, or a former license holder's heir or assign, |
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and the amount of the security remaining after the withdrawal is |
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sufficient to: |
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(A) pay any outstanding judgments; and |
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(B) secure any unexpired obligation on a bail |
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bond executed by the former [no judgment or bond liability, actual
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or potential, is outstanding against the] license holder. |
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(b) The board may adopt rules to limit the number of times in |
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a year security may be returned to a license holder under this |
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section [Subsection (a) is equal to the amount of security
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deposited or executed under Section 1704.160 minus the amount of
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security:
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[(1)
depleted under Section 1704.204(b) to pay a
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judgment; and
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[(2)
necessary to secure any unexpired obligation on a
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bail bond executed by the license holder]. |
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SECTION 2. This Act takes effect September 1, 2011. |
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* * * * * |