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                                                                  H.B. No. 2767




AN ACT
relating to the release of a criminal defendant in certain cases and the eligibility of and citation to certain individuals who act as sureties on bail bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 17.10, Code of Criminal Procedure, is amended to read as follows: Art. 17.10. DISQUALIFIED SURETIES. (a) A minor may not [cannot] be surety on a bail bond, but the accused party may sign as principal. (b) A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are: (1) approved by the State Bar of Texas; and (2) offered by an accredited institution of higher education in this state. SECTION 2. Chapter 17, Code of Criminal Procedure, is amended by adding Article 17.141 to read as follows: Art. 17.141. ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient. Each surety listed under this article must file annually a sworn financial statement with the sheriff. SECTION 3. Article 22.03, Code of Criminal Procedure, is amended to read as follows: Art. 22.03. CITATION TO SURETIES. (a) Upon entry of judgment, a citation shall issue forthwith notifying the sureties of the defendant, if any, that the bond has been forfeited, and requiring them to appear and show cause why the judgment of forfeiture should not be made final. (b) A citation to a surety who is an individual shall be served to the individual at the address shown on the face of the bond. (c) A citation to a surety that is a corporation or other entity shall be served to the attorney designated for service of process by the corporation or entity under Chapter 804, Insurance Code. (d) By filing the waiver or designation in writing with the clerk of the court, a surety may waive service of citation or may designate a person other than the surety or the surety's attorney to receive service of citation under this article. The waiver or designation is effective until a written revocation is filed with the clerk. SECTION 4. Article 22.04, Code of Criminal Procedure, is amended to read as follows: Art. 22.04. REQUISITES OF CITATION. A citation shall be sufficient if it be in the form provided for citations in civil cases in such court; provided, however, that a copy of the judgment of forfeiture entered by the court, a copy of the forfeited bond, and a copy of any power of attorney attached to the forfeited bond shall be attached to the citation and the citation shall notify the parties cited to appear and show cause why the judgment of forfeiture should not be made final. SECTION 5. Article 22.05, Code of Criminal Procedure, is amended to read as follows: Art. 22.05. CITATION AS IN CIVIL ACTIONS. If service of citation is not waived under Article 22.03, a surety is [Sureties shall be] entitled to notice by service of citation, the length of time and in the manner required in civil actions; and the officer executing the citation shall return the same as in civil actions. It shall not be necessary to give notice to the defendant unless he has furnished his address on the bond, in which event notice to the defendant shall be deposited in the United States mail directed to the defendant at the address shown on the bond. SECTION 6. Article 32.01, Code of Criminal Procedure, is amended to read as follows: Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT PRESENTED. When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation [before the district court], the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later. SECTION 7. The changes in law made by this Act in amending Articles 22.03, 22.04, and 22.05, Code of Criminal Procedure, apply only to a citation of forfeiture issued on or after the effective date of this Act. A citation of forfeiture issued before the effective date of this Act is governed by the law in effect on the date the citation of forfeiture is issued, and the former law is continued in effect for that purpose. SECTION 8. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2767 was passed by the House on May 4, 2005, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2767 on May 27, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 2767 was passed by the Senate, with amendments, on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor