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S.B. No. 624
AN ACT
relating to the regulation of bail bond sureties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (4), Section 1704.001, Occupations
Code, is amended to read as follows:
(4) "Bonding business" or "bail bond business" means
the solicitation, negotiation, or execution of a bail bond by a bail
bond surety.
SECTION 2. Subsection (a), Section 1704.152, Occupations
Code, is amended to read as follows:
(a) To be eligible for a license under this chapter, an
individual, including an agent designated by a corporation in an
application, must:
(1) be a resident of this state and a citizen of the
United States;
(2) be at least 18 years of age;
(3) possess the financial resources required to comply
with Section 1704.160, unless the individual is acting only as
agent for a corporation holding a license under this chapter; and
(4) submit documentary evidence that [have], in the
two years preceding the date a license application is filed, the
individual:
(A) has been continuously employed by a person
licensed under this chapter for at least one year and for not less
than 30 hours per week, excluding annual leave, and has performed
duties that encompass all phases of the bonding business [of
continuous work experience in the bail bond business]; and
(B) completed in person at least eight hours of
continuing legal education in criminal law courses or bail bond law
courses that are approved by the State Bar of Texas and that are
offered by an accredited institution of higher education in the
state.
SECTION 3. Section 1704.163, Occupations Code, is amended
to read as follows:
Sec. 1704.163. ATTORNEY EXEMPTION. (a) Except as provided
by this section, a person not licensed under this chapter may
execute a bail bond or act as a surety for another person in any
county in this state if the person:
(1) is licensed to practice law in this state; and
(2) at the time the bond is executed or the person acts
as a surety, files a notice of appearance as counsel of record in
the criminal case for which the bond was executed or surety provided
or submits proof that the person has previously filed with the court
in which the criminal case is pending the notice of appearance as
counsel of record [represents the other person in the criminal case
for which the bond was given].
(b) A person executing a bail bond or acting as a surety
under this section may not engage in conduct involved with that
practice that would subject a bail bond surety to license
suspension or revocation. If the board determines that a person has
violated this subsection, the board may suspend or revoke the
person's authorization to post a bond under this section or may bar
the person from executing [person may not execute] a bail bond or
acting [act] as a surety under this section until the person has
remedied the violation.
(c) A person executing a bail bond or acting as a surety
under this section [who has been paid a fee for executing the bond
or acting as the surety] is not relieved of liability on the bond
solely because the person is later replaced as attorney of record in
[has not been employed to represent the principal on the merits of]
the criminal case.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 624 passed the Senate on
May 3, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 26, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 624 passed the House, with
amendments, on May 13, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor