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A BILL TO BE ENTITLED
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AN ACT
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relating to notice provided when a bail bond surety is in default. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.11, Code of Criminal Procedure, is |
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amended by amending Section 2 and adding Section 3 to read as |
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follows: |
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Sec. 2. Provided, however, any person who has signed as a |
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surety on a bail bond and is in default thereon shall thereafter be |
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disqualified to sign as a surety so long as the person [he] is in |
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default on the [said] bond. It shall be the duty of the clerk of the |
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court where the [wherein such] surety is in default on a bail |
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bond[,] to notify in writing the sheriff, chief of police, or other |
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peace officer[,] of the [such] default. If a bail bond is taken for |
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an offense other than a Class C misdemeanor, the clerk of the court |
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where the surety is in default on the bond shall send notice of the |
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default by certified mail to the last known address of the surety. |
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Sec. 3. A surety is considered to be [shall be deemed] in |
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default from the time execution may be issued on a final judgment in |
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a bond forfeiture proceeding under the Texas Rules of Civil |
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Procedure, unless the final judgment is superseded by the posting |
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of a supersedeas bond. |
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SECTION 2. The change in law made by this Act to Article |
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17.11, Code of Criminal Procedure, applies only to a bail bond that |
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is executed on or after the effective date of this Act. A bail bond |
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executed before the effective date of this Act is governed by the |
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law in effect when the bail bond was executed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |