By: Fletcher (Senate Sponsor - Patrick) H.B. No. 1442

(In the Senate - Received from the House May 6, 2013; May 7, 2013, read first time and referred to Committee on Intergovernmental Relations; May 14, 2013, reported favorably by the following vote: Yeas 5, Nays 0; May 14, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a county to deposit fees collected by a county bail bond board in a separate county fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1704.101, Occupations Code, is amended to read as follows:

Sec. 1704.101. ADMINISTRATIVE AUTHORITY. A board shall:

(1) exercise powers incidental or necessary to the administration of this chapter;

(2) deposit fees collected under this chapter in the general fund of the county or in a separate county fund established for this purpose;

(3) supervise and regulate each phase of the bonding business in the county;

(4) adopt and post rules necessary to implement this chapter;

(5) conduct hearings and investigations and make determinations relating to the issuance, denial, or renewal of licenses;

(6) issue licenses to qualified applicants;

(7) deny licenses to unqualified applicants;

(8) employ persons necessary to assist in board functions; and

(9) conduct board business, including maintaining records and minutes.

SECTION 2. Section 1704.103(a), Occupations Code, is amended to read as follows:

(a) Fees deposited in the general fund of a county or in a separate county fund under Section 1704.101(2) may be used only to administer and enforce this chapter, including reimbursement for:

(1) reasonable expenses incurred by the board in enforcing this chapter; and

(2) actual expenses incurred by a board member in serving on the board.

SECTION 3. A county that establishes a separate county fund for the purpose of depositing fees collected under Chapter 1704, Occupations Code, as provided by Section 1704.101, Occupations Code, as amended by this Act, may transfer fees previously collected under Chapter 1704, Occupations Code, and deposited in the county's general fund to the separate fund.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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