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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain persons to execute bail bonds |
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and act as sureties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.07, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.07. CORPORATION TO FILE WITH COUNTY CLERK POWER OF |
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ATTORNEY DESIGNATING AGENT. (a) Any corporation authorized by the |
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law of this State to act as a surety, shall before executing any |
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bail bond as authorized in the preceding Article, first file in the |
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office of the county clerk of the county where such bail bond is |
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given, a power of attorney designating and authorizing the named |
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agent, agents or attorney of such corporation to execute such bail |
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bonds and thereafter the execution of such bail bonds by such agent, |
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agents or attorney, shall be a valid and binding obligation of such |
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corporation. |
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(b) A corporation may limit the authority of an agent |
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designated under Subsection (a) by specifying the limitation in the |
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power of attorney that is filed with the county clerk. |
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SECTION 2. Article 17.10, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A person, for compensation, may not act as a surety on a |
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bail bond if the person has been finally convicted of: |
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(1) a misdemeanor involving moral turpitude; or |
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(2) a felony. |
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SECTION 3. A limitation of the authority of an agent under |
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Article 17.07(b), Code of Criminal Procedure, as added by this Act, |
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is applicable only to a bail bond that is executed: |
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(1) on or after the effective date of this Act; and |
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(2) after the limitation of authority described by |
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Article 17.07(b) is filed with the county clerk, as provided by that |
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article. |
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SECTION 4. Article 17.10(c), Code of Criminal Procedure, as |
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added by this Act, applies only to a person convicted of an offense |
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committed on or after the effective date of this Act. A person |
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convicted of an offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |