Appellants Reply Brief — Able v. Texas

Office-Supreme Court, U.S.

FILED

MAR 21 1983

ALEXANOER L. STEVAS,

NO. 82-1093 CLERK

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1982

LUKE WILLIAM ABLE, JR. doing business as

the Criminal Defense Clinic; Able Bail,

Defense, and Divorce Clinic; and Able

Bail and Defense Clinic,

Appellant,

ve

THE STATE OF TEXAS; JACK HEARD; C.R.

GAINES; and HARRIS COUNTY,

Appellees.

APPENDIX ACCOMPANYING BRIEF IN

OPPOSITION TO MOTION TO DISMISS

OR AFFIRM

Patricia Small Burroughs

7303 Hillcroft, Suite 53

Houston, Texas 77081

713=+777-0744

Attorney for Appellant

i

Table of Contents

Bail Bond Act, as amended effective on

August 31, 1981. Texas Revised Civil

Statutes, Article 2372p-4.

section title page

1. Declaration of Policy A-1

2. Definitions A-l

3. Licensing requirement and A-l

eligibility

4. Records required of Licensee A-3

5. County Bail Bond Board A-4

6. Application and Issuance A-7

of license

7. Corporation as surety A-13

8. Expiration and renewal of A-14

License

9. Refusal, Suspension, and A-16

Revocation of licenses

10. Procedure for suspension or A-18

revocation of license

ll. Court review A-19

12. Surrender of principal A-19

13. Remittitur of forfeited bonds A-20

14. Approval of bond A-21

Li

section. title.

14a. Effect of default by

corporation.

15. Acts subject to penalty

citations to session laws

with effective dates of

amendments.

TEXAS PENAL CODE, §12.21

(as enacted,1973)

TEXAS PENAL CODE, §12.22

(as enacted,1973)

TEXAS PENAL CODE, § 12.23

(as enacted, 1973)

Page

A-22

A-22

A- 24

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Art. 2372p-3. Licensing and regulation

of bail bondsmen.

Declaration of policy

Section 1. The business of executing

bail bonds is delcared to be a business

affecting the public interest. It is de-

Clared to be the policy of this state to

provide reasonable regulation to the end

that the right of bail be preserved and

implemented by just and practical

procedures governing the giving or

making of bail bond and other security

to guarantee appearance of the accused.

Befinations

Sec. 2. In this Act:

(1) "Person" means an individual or

corporation.

(2) "Bondsman" means any person

who for hireor for any compensation de-

posits any cash or bonds or ot er

securities, or executes as surety or

cosurety any bond for other persons.

(3) "Bonding Business" means the

alec in which a bondsman is engag-

ed.

(4) "Company" includes corporations

and other business entities.

(5) "Bond" includes cash deposit

and any similar deposit or written

undertaking to assure appearance.

(6) “Board” means the County Bail

Bond Board.

Licensing requirement

and eligibility

Sec. 3. The provisions of this Act

A=-2

apply only to the execution of bail

bonds in counties having a population of

more than 110,900 according to the last

federal census or in counties of less

than 110,000 where a board has been

created. The Creation of the board is

within the discretion of a majority of

the officers of the county who would be

members of, or who would designate

members of, the board as provided under

Subsection (b) of this section.

(a) In a county that has a board,

no person may act as a bondsman except:

(1) persons licensed under this

Act, and

(2) persons licensed to practice

law in this state who meet the require-

ments set forth in Subsection (e) of

Section 3 of this Act.

(b) No individual is eligible for a

license under this Act unless the in-

dividual:

(1) is a resident of this state and

(2) is at least 18 years of age;

(3) possesses sufficient financial

resources to provide indemnity against

loss on such obligations as he may

undertake as required by Section 6 of

this Article.

(c) No person shall be eligible for

a license under this Act, who after the

effective date of this Act, commits an

offense for which he is finally convict-

ed, such offense being a felony or a

misdemeanor involving moral turpitude.

(ad) No corporation is eligible to

be licensed unless:

(1) it is chartered and admitted to

do business in this State; and

(2) it is qualified to write

A-3

fidelity,guaranty and surety bonds under

the Texas Insurance Code, as amended,

(e) Persons licensed to practice

law in this state may execute bail bonds

or act as sureties for persons they

actually represent in criminal cases

without being licensed under this Act,

but they are prohibited from engaging in

the practices made the basis for

revocation of license under this Act and

if found by the sheriff to have violated

any term of this Act, may not qualify

thereafter under the exception provided

in this subsection unless and until they

come into compliance with those

practices made the basis of revocation

under this Act. Notwithstanding any

other provision of this subsection, no

person licensed to practice law shall be

relieved of liability on a bail bond he

has executed for the sole reason that he

has not been employed to represent the

principal on the merits of the case if

he has been paid a fee for the execution

of the bail bond.

Records required of licensees

Sec. 4. (a) A bondsman licensed

under this Act shall maintain a record

of each bond on which the bondsman

appears as surety and shall maintain a

separate set of records for each county

in which the bondsman is licensed. The

records shall include the following in-

formation for each bond executed and en-

forced:

(1) the style and number of the

cause in which the bond is given and the

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court in which it is executed;

(2) the name of the defendant re-

leased on bond;

(3) the amount of bail set in the

case; and

(4) the amount and type of security

held by the bondsman, together with a

statement as to whether the security was

taken for payment of a bail bond fee or

for assurance of the principal's appear-

ance in court and the conditions under

which the security will be returned. No

security shall be held for both the pay-

ment of a bail bond fee and assurance of

the principal's appearance in court that

is in excess of the particular risk in-

volved.

(b) The records shall be submitted

to the board or a person designated by

the board for inspection prior to each

renewal of the bondsman's license and

shall be available for inspection on

demand by the board or its authorized

representative.

County Bail Bond Board

Sec. 5. (a) There is hereby created in

all counties having a population of

110,000 or more, according to the last

preceding federal census, a County Bail

Bond Board. In counties of less than

110,000, the creation of the board is

within the discretion of a majority of

the officers of the county who would be

of, or who would designate members of,

the board as provided under Subsection

(b) of this section.

(b) The County Bail Bond Board

A-5

shall be composed of the following

persons:

(1) the county sheriff or his

designee;

(2) a district judge of the county

having jurisdiction over criminal mat-

ters designated by the presiding judge

of the administrative judicial district;

(3) the county judge or a member of

the commissioners court designated by

the county judge;

(4) a judge of a county court or a

county court at law in the county having

jurisdiction over criminal matters

(5) the district attorney or

his designee;

(6) a licensed bondsman,

licensed in the county, elected

by other county licensees; and

(7) a justice of the peace

(c) The board shall meet with

within 60 days after its creation.

The board shall initially elect one

of its members as chairman who

shall preside at all meetings to be

held thereafter at the call of the

chairman.

(ad) Four members of the board

shall constitute a quorum for the

conduct of business. All action

by the board shall require the vote

of a majority of the members

resent. The board shall meet at

east every 30 days.

(e) Unless clearly not

required by this Act, all rules,

regulations, and actions of the

board passed pursuant to this Act

A-6

shall be posted at an appropriate

place in the courthouse for a

period of 10 days prior to their

effective date.

(£) In addition to the powers

and duties given to the County Bail

Bond Board by this Act, the board

has the following powers and duties;

(1) To exercise any powers

incidental or necessary to the

administration of this Act,

to supervise and regulate all

phases of the bonding business

and enforce this Act, within the

county, and to prescribe and

post any rules necessary to

implement this Act;

(2) To conduct hearings

and. investigations and make

determinations respecting the

‘issuance, refusal, suspension,

or revocation of licenses to

bondsmen within the provisions

of this Act and to issue licenses

to those applicants who qualify under

the terms of this Act, to refuse

licenses to those applicants who do not

qualify, and to suspend or revoke the

licenses of licensees who commit vio-

lations under this Act or the rules

prescribed by the board under this Act;

(3) To require applicants and

licensees to appear before the board,

and to administer oaths, examine 1 Pero

witnesses, and compel the production of

pertinent books, accounts, records,

and testimony by the licensee or appli-

cant in its hearings;

(4) To cause records and trans-

cripts to be made of all its proceed-

ings;

(5) To maintain records and minutes

and otherwise operate its office af-

‘fairs;

(6) To employ such employees to

A-7

assist the board in its functions

as necessary;

(7) To furnish and post in

each court in the country having

jurisdiction of criminal cases

and each local official respon-

sible for the detention of pris-

oners in the county with current lists

of the. bondsmen and their agents

licensed and approved in the county and

to notify immediately each court and

local offical when a bondsman's license

is suspended or revoked or an agent's

authority is rescinded; and

(8) To file reports and furnish

information on the operation of the

banding business in the county at the request

af the Texas Judicial Council which shall _

report annually to the governor and the

legislature on or before December 1 of

each year on the operation of the bond-

ing business in the state.

Appiication and Issuance

of license

Sec. 6. (a) Any person desiring

to act as a bondsman in any court of the

county shall file with the County Bail

Bond Board a sworn application for a

license. The application shall be in

such form and shall contain such infor-

mation as the board may prescribe

including the following:

(1) Tne name, age, and address of

the applicant, and if the applicant is a

surety corporation, and whether charter-

ed or admitted to do business in this

state and qualified to write fidelity,

A-8

guaranty, and surety bonds under the

Texas Insurance Code, as amended;

(2) The name under which the bus-

iness shall be conducted;

(3) The name of the place or

places, including street address and

city, wherein the business is to be con-

ducted;

(4) A statement listing any non-

exempt real estate owned by the appli-

cant that the applicant intends to con-

vey in trust to the board to secure pay-

ment of any obligations incurred by the

applicant in the bonding business if the

license is granted. The following shall

be included for each parcel listed:

(A) a legal description equivalent

to the description required to convey

the property by general warranty deed;

(B) current statements from each

taxing unit with power to assess or col-

lect taxes against the property indicat-

ing that there are no outstanding tax

liens against the property and indicat-

ing the net value of the property ac-

cording to the current appraisal made by

a member of the Society of Real Estate

Advisors or a Member of Appraisal In-

stitute, accompanied by a statement from

the applicant agreeing to keep all taxes

paid on the property while it remains in

trust;

(C) a statement of the applicant

that he will not further encumber the

property after conveying it in trust

to the County Bail Bond Board, without

notifying and obtaining the permission

of the board;

(D) an agreement to insure and keep

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current the insurance on any improve-

ments on the property against any damage

or destruction while the property

remains in trust, in the full amount of

the value claimed for the improvements;

(E) a statement indicating whether

the applicant is married and, if so, a

sworn statement from the spouse agreeing

to transfer to the board, as a part of

the trust, any right, title or interest

that the spouce may have in the

property; and the spouse must execute

the deeds of trust to any community

property placed in the security deposit

required under this section;

(5) A statement indicating the

amount of cash or cash value of any

certificate of deposit or cashier's

checks which the applicant intends to

place on deposit with the county

treasurer to secure payment of any

obligations incurred by the applicant in

the bonding business if the license is

granted;

(6) A complete, sworn financial

statement;

(7) A declaration by the applicant

that he will comply with this Act and

the rules prescribed by the board.

(b) The application of an in-

dividual’ for a license under this Act

shall be accompanied by letters of

recommendation from three reputable

persons who have known the applicant for

a period of at least three years. If the

applicant is a corporation, the letters

shall be required for the person to be

in charge of its business in the county.

A-10

Each letter shall recommend the ap-

plicant or person who will be in charge

of its business as having a reputation

of honesty, truthfulness, fair dealing,

and competency and shall recommend that

the license be granted. If the applicant

or person in charge of its business has

been licensed under this Act in another

county, the application shall be accom-

panied by a letter from each appropriate

board stating whether or not the

applicant is in good standing in the

county where he is licensed.

(c) The application shall be accom-

panied by a fee of $500.00 for the fil-

ing of any original application, a

. photograph of the applicant, and a set

of fingerprints of the applicant taken

by a law enforcement officer designated

by the board.

(d) Prior to a hearing on the ap-

plication, the board or its authorized

representative shall conduct necessary

inquiries to determine whether the ap-

plicant possesses the financial

responsibility and meets other require-

ments of this Act.

(e) A hearing shall be held on the

application after the board conducts the

inquiries required by Subsection (d) of

this section. The board may submit any

questions to the applicant and the ap-

plicant's agents relevant to its ruling

on the application, and the applicant is

entitled to present oral and documentary

evidence to the board. If, after the

hearing, the board is satisfied that no

grounds exist on which to refuse the

application, the board shall enter an

A-11

order tentatively approving the appli-

cation subject to the application being

perfected by the filing of the security

deposits required of licensees under

this Act. If the board is not so

satisfied, it shall enter an order

refusing the license.

(f) Upon notice from the board that

the application has been tentatively ap-

proved, the applicant shall then:

(1) deposit with the county

treasurer of the county in which the

license is to be issued a cashier's

check, certificate of deposit, cash, or

cash equivalent in the amount indicated

by the applicant under Subdivision (5) of

Subsection (a) of Section 6 of this Act

but in no event less than $5000.00 to be’

held in a special fund to be called the

bail security fund; or

(2) execute in trust to the board

deeds to the property listed by the ap-

plicant under Subdivision (4) of Syb-

section (a) of Section 6 of this Act,

which property shall be valued in the

amount indicated on an appraisal by a

member of the Society of Real Estate

Advisors or a Member of Appraisal -

Institute of the county in which it is

located, but in no event less than :

$10,000 valuation, the condition of th.

trust being that the property may be

sold to satisfy any final judgment for-

feitures that may be made in bonds’ on

which the licensee is surety after such

notice and upon such conditions as are

required by the Code of Criminal

Procedure, 1965, as amended in bond for-

feiture cases; the board shall file the

A-12

deeds of trust in the records of each

county in which the property is located,

and the applicant shall pay the filing

fees.

(3) If the licensee is a corpor-

ation, it shall furnish to the sheriff

an irrevocable letter of credit as a

cash equivalent to satisfy any final

judgment of forfeiture that may be made

on any bonds on which the corporate

licensee is surety.

(g) No bondsman may execute, in any

sounty, bail bonds that in the aggregate

exceed 10 times the value of the

property held as security on deposit or

in trust under Subsection (f) of this

section. A county officer or employee

designated by the board shall maintain

a current total of the bondsman's poten-

tial liability on bonds in force, and no

further bonds may be written by or ac-

cepted from the bondsman when the limit

is reached. When a bondsman's total lia-

bility on judgments nisi reaches two

times the same amount as he has on

deposit as security, no further bonds

may be written until the bondsman posts

additional security as required by this

subsection. A bondsman whose license is

effective may, at any time, by posting

additional security, increase the bonds-

man's limit.

(h) The cash deposit or the funds

realized from the trust shall be used to

pay the final judgments of any bail

forfeitures that result from the

licensee's execution of a bail bond, if

the licensee fails to satisfy the judg-

‘ment within 30 days after a final

A-13

judgment of forfeiture. When any sums

are depleted from the deposit or trust

to pay a judgment resulting from a for-

feited bond, the licensee shall, as a

condition to continuing as a licensee,

replenish the amount so ms geo up ‘to

the amount of the required minimun de-

posit to secure other bonds in force,

When the licensee ceases to engage in

the business of executing bail bonds and

ceases to maintain his license, he may

withdraw his security deposit or trust

‘upon presentment of a release by the

board, if there are no judgment or bond

liabilities, either actual or potential,

outstanding against the license. Any

portion of the deposit or trust not used

to pay judgments or to secure unexpired

obligations on existing bonds in force

shall be returned to the licensee or his

heirs or assigns upon presentment of a

release by the board.

Corporation as surety

Sec. 7. (a) Wherever in this Act

any person is required or authorized to

give or execute any bail bond, such bail

bond may be given or executed by such

pepeesees and any corporation authorized

y law to act as surety. When any such

corporation authorized by law to act as

a surety undertakes to be a surety on a

bail bond, such corporation, before be-

ing acceptable as a surety on a bail

bond, shall be required to meet the ap-

plicable requirements prescribed by

Section 6 of this Act before being ac-

ceptable as a personal surety on a bail

’ bond; Subsection (g) of Section 6 does

not apply to a corporate surety.

(b) The certificate of authority to

do business in this state issued to a

corporation by the State Board of Insur-

ance pursuant to Article 8.20, Insurance

A-14

Code, as amended, shall be conclusive

evidence as to the sufficiency of the

security, the corporation's solvency, or

its credits.

(c) Any corporation which acts as

a surety shall, before executing any

bail bond, first file in the office of

the county clerk of the county where

such bail bond is given a power of at-

torney designating and authorizing the

named agent of such corporation to ex-

ecute such bail bonds by such agent.

This power of attorney shall be a valid

and binding obligation of the corpor-

ation. A separate license is required

for each agent operating under a corpor-

ate power of attorney.

(ad) Notwithstanding any statutory

requirements to the contrary, any agent

so designated and licensed or approved

hereunder for the purpose of writing

bail bonds shall not be required to be

licensed as a local recording agent as

defined in Article 2.14, Texas Insurance

Code, as amended, for the purpose of

this Act.

(e) It shall be the duty of the

board to notify promptly the State Board

of Insurance of default by a corporation

on any financial obligation which it

undertakes. in the county.

Expiration and renewal of license

Sec. 8. (a) A license issued under

this Act expires 24 months after the

date of its issuance and may not be re-

newed unless an application for renewal

is filed with the board at least 30 days

A-15

before expiration. The application for

renewal shall have the same form and

content as an application for an origin-

al license under this Act. The ap-

plication for renewal shall be accom-

panied'by a renewal fee of $500.00. If

the applicant's current license has not

been suspended or revoked, if the renew-

al application complies with the re-

quirements of this Act, and if the board .

knows no legal reason why the appli-

cation should not be renewed, the li-

cense may then be renewed for a period

of 24 months from the date of expiration

and may be renewed subsequently each 24

months in like manner.

(b) All fees collected by the board

shall be deposited in the general fund

of the county for use in the administra-

tion of this Act. The board is author-

ized to receive disbursements from the

general fund for reasonable expenses in-

curred in the enforcement of this Act,

but service on the board is considered

an additional duty of office, and the

members of the board are not entitled to

compensation for the service but me | to

reimbursement Of any expenses actually

incurred as a result of the service.

(c) Each license, when issued,

shall show on its face the date of ex-

piration and license number, and it

shall be the responsibility of the

licensee to file for renewal under the

terms of this Act, and each subsequent

renewal license shall have the same num-

ber as assigned to the original license.

A-16

Refusal, suspension, and revocation

of licenses

Sec. 9. (a) No license may be

issued to any person who has not com-

plied with the requirements of this Act

for applying for an original or renewal

license.

(b) The board may, on its own

motion, and shall, on receipt of a sworn

complaint providing reasonable cause to

believe that a violation of this Act has

occurred or on the request of a court,

investigate the actions and records

relating to such complaint against any

bondsman it has licensed. The board may,

after notice and hearing, suspend or re-

voke a license for:

(1) violation of a provision of

this Act or a rule prescribed by the

board during the term of the license

sought to be suspended or revoked or

during any prior licensing period;

(2) fraudulently obtaining a license.

under the provisions of this Act, making

a false statement or misrepresentation

in an application for an original or

renewal license or in any hearing before

the board, or refusing to answer any

question submitted by the board in a

hearing relevant to the license or the

conduct or qualifications of the

licensee or applicant;

(3) final conviction under the laws

of this or any other state or the United

States of a misdemeanor involving moral

turpitude or a felony committed after

the effective date of this Act;

(4) being adjudged bankrupt or

A-17

becomming insolvent;

(5) being adjudged mentally in-

compentent;

(6) failing to pay within 30 days

any final judgment rendered on any for-

feited bond in any court of competent

jurisdiction within the county of the

licensee;

(7) paying of commissions or fees

or dividing commissions or fees or of-

fering to pay or divide commissions or

fees with any person, company, firm, or

corporation not licensed under this Act

to execute bonds;

(8) soliciting bail bond business

in any building where prisoners are pro-

cessed or confined;

(9) recommending to any client the

employment of a particular attorney or

firm of attorneys in a criminal case;

(10) falsifying any record required

to be maintained under this Act, failing

to keep the records, or failing promptly

to permit the inspection of the records

at any time requested by the board or

its representatives or agents;

(11) operating as a bondsman while

the license is suspended or after it has

expired and before it is renewed; and

(12) on more than one occasion

failing to maintain the minimum amount

of security required by this Act or mis-

representing to any offical or employee

of the offical the limit supported by

the amount of security to obtain the

release of any person on bond.

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Procedure for suspension or revocation

of license

Sec. 10. (a) The board may revoke

or suspend a license in accordance with

the procedure provided in this section

for the violation of any provision of

this Act.

(b) Notice of a hearing +o suspend

or revoke shall be given by certified

mail addressed to the last known address

of the licensee at least 10 days prior

‘to a date set for the hearing.

(c) The notice shall specify the

charges of violation of this Act made

against the licensee, and no other

charges shall be made: at the hearing

pursuant to the notice.

(ad) The hearing shall afford the

licensee opportunity to be heard, to

present witnesses in his behalf, and to

question witnesses against him.

(e) A record of the hearing shall

be made. It shall be made available to

the licensee on his request subject to

his paying reasonable costs of trans-

cription..

| (f) If the licensee fails to main-

tain the security deposit at the proper

ratio required by this Act, under Sub-

section (g) of Section 6 of this Act,

the board shall immediately suspend the

license while the violation continues,

No prior notice or hearing is necessary.

Once the proper ratio is regained, the

suspension shall be immediately lifted.

The board shall revoke the license with-

out prior notice or hearing if the

A-19

licensee fails to pay any final judgment

connected with the licensee's bonding

business within 30 days and there is not

sufficient property held as security to

satisfy the final judgment.

Court review

Sec. 1l. An appeal may be taken

from any board's order revoking,

suspending, or refusing to issue

license. The appeal must made within 30

days after written notice of the

suspension, revocation, or refusal by

filing a petition in a district court in

the county in which the license is

issued or refused. If no appeal is taken

within 30 days after written notice of

suspension, revocation, or refusal, such

action shall become final. An appeal

shall be by trial de novo, as in proce-

edings appealed from justice to county

court. The decision of the board shall

have full force and effect pending the

determination of the appeal. All appeals

taken from action of the board shall be

against the board and not against the

members individually.

Surrender ot principal

Sec. 12. (a) No peron who executes

a bail bond as a surety for a principal

may surrender the principal without the

written permission of the judge having

jurisdiction of the case after the

person who executed the bail bond has

executed an affidavit to be filed with

the clerk of the court stating;

A-20

(1) the date the bond was made;

(2) the fee paid for the bond; and

(3) the reason for the surrender..

(b) If the reason for surrender is

deemed without reasonable cause by the

principal, any agent of the board, or

any attorney representing the state or

any accused in the proceeding, that

person may bring the matter to the at-

tention of the court.

(c) If the court determines that

the person who surrendered the principal

did so without reasonable cause, the

court in its discretion may require that

all or a part of the fees paid as a con-

dition for making the bail bond shall be

returned to the principal. In making the

Aetermination the court shall determine

what fees, whether denominated fees for

the making of the bond or not, were in

fact paid for the purpose of inducing

the surety to make the bond.

(d) Notwithstanding any statute re-

quired to the contrary of any provision

in the bond, the court may not require

or commit the surety to remain during

any appeal of the case without previous

approval of the surety. When a case is

appealed without approval of the surety,

the bail shall be discharged. Nothing

shall deny the principal any right to

an appeal bond as provided in the Code

of Criminal Procedure, 1965, as amended.

Remittitur of forfeited bonds

Sec. 13. (a) Prior to final

judgment on any forfeiture in a criminal

case the attorney for the state may re-

commend to the court settlement for an.

A-21

amount less than that stated in the

bond, or the court may upon its own

motion approve such settlement.

(b) After a forfeiture, if the de-

fendant is incarcerated within two years

of a judgment nisi, the bondsman shall

be entitled to a remittitur of at least

95 percent if he presents a sworn af-

fidavit stating that the defendant was

returned to custody, in part, as a

result of money spent or information

furnished by the bondsman.

The remittitur shall be credited

against an unpaid judgment of forfeiture

or if the judgment has been paid, the

_ treasurer shall refund at least 95 per-

cent.

(c) The surety on appearance bonds

in criminal cases shall be absolved of

all liability upon disposition of the

case, and disposition as used herein

shall mean a dismissal, acquittal, or

finding of guilty on the charges made

the basis of the bond.

Approval of bond

Sec. 14 (a) In any county or

district case in which the posting of

bond is required as a condition of

release, the sheriff shall accept or ap-

prove a bond posted by a licensed bonds-

man only in accordance with this Act and

the rules prescribed by the board, but a

sheriff may not refiuse to accept a bail

bond from a licensed bondsman who meets

the requirements of Subdivision (4) or

(5) of Subsection (a) of Section 6 of

this Act.

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Effect of default by corporation

Sec. 14A. (a) Notwithstanding any

law to the contrary, a corporation that

is in default on five or more bail bonds

in a county may not act as a bail bonds-

man in that county.

(b) The clerk of the court in which

the corporation is in default on a bail

bond shall deliver a written notice of

the default to the sheriff, chief of

police, or other appropriate peace of-

ficer in the county in which the bond is

forfeited.

(c) A corporation is considered in

default on a bail bond from the time the

trial court enters its final judgment on

the scire facias until the judgment is

satisfied or set aside.

(d) For purposes of this section, a

corporation is not considered in default

on a bond if it deposits with the

appropriate court cash in the full

amount of the judgment, pending appeal.

The deposit shall be applied to the pay-

ment of any final judgment in the case.

Acts subject to penalty

Sec. 15. (a) No person required to

be licensed under this Act may execute

a bail bond without a license.

(b) No bondsman or agent of a bonds-~-

man may, by any means, recommend or sug-

gest to any person whose bail bond has

been posted the name of any particular

attorney or firm of attorneys for

employment in connection with a criminal

offense.

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(c) No person in the bonding

business shall, either directly or in-

directly, give, donate, lend, con-

tribute, or promise to give, donate,

lend, or contribute any money or

property to any attorney, police of-

ficer, sheriff, or deputy, constable,

jailer, or employee of a law enforcement

agency for the referral of bail bond

business.

(e) No police officer, sheriff, or

deputy, constable, jailer, or public of-

fical, or employee of a related agency

may recommend to any person or persons,

family of such person or persons,

friends, relatives, or employer the nane

of any particular bondsman. In all

places where prisoners are examined,

processed, or confined, a list of

licensed bondsmen of that county may be

displayed.

(£) No bondsman or agent of a

bondsman may solicit business in a

police station, jail, prison, detention

facility, or other place where persons

in the custody of law enforcement

officals are detained.

(g) No person may advertise as a

bondsman who does not hold a valid

license under this Act.

(h) No bondsman or agent of a

bondsman may receive money or other con-

sideration or thing of value for is-

suance of a bond or undertaking of a

surety obligation without issuing a

receipt indicating the name of the

person paying the money or transferring

the property, the amount received or the

estimated value of the property received

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and briefly identifying it, the suit,

action, or matter for which it is

received or is to be applied, and the

name of the person receiving it. The

bondsman or agent shall retain a dupli-

cate copy of the receipt which shall be

available for inspection by repre-

sentatives of the board of any county

in which the bondsman is licensed or by

the appointed represnetatives of a court

in which the bondsman agrees to make

bail or undertake other surety

obligations.

(i) No person shall falsify any

records required to be kept by this Act.

(3) A person who violates Sub-

section (a) or (g) of this section shall

be guilty of a Class C misdemeanor.

(k) A person who violates Sub-

section (b), (e), (f), (h), or (i) of

this section shall be guilty of a Class

BR misdemeanor.

(1) A person who violates Sub-

section (c) or (d) of this section shall

be guilty of a Class A misdemeanor.

Acts 1973, 63rd Leg.,p. 1520, ch. 550,

eff. Aug 27, 1973. Secs. 3(c), 5(a) and

12(b) amended by Acts 1975, 64th Leg.,

p. 1194, ch. 451, §§ 1 to 3, eff. June

19, 1975; Acts 1979, 66th Leg., p. 202,

ch. 111, §§ 1 to 3, eff. Aug 27, 1979.

Amended by Acts 1981, 67th Leg., p. 875,

ch. 312, § 1, eff. Aug. 31, 1981.

SEE THE NEXT PAGE FOR CLASS A, B, &

C MISDEMEANOR PUNISHMENTS

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Texas Penal Code.

SUBCHAPTER B. ORDINARY MISDEMEANOR

PUNISHMENTS

§ 12.21. Class A Misdemeanor

An individual adjudged guilty of a Class A minde-

meanor shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to ex-

ceed one year; or

(3) both such fine and imprisonment.

[Acts 1973, 63rd Leg., p. 883, ch. 390, § 1, eff. Jan. 1, 1974.]

§ 12.22. Clase B Misdemeanor

An individual adjudged guilty of a Class B miade-

meanor shall be punished by:

(1) a fine not to exceed $1,000;

(2) confinement in jail for a term not to ex-

ceed 180 days; or

(3) both such fine and imprisonment.

[Acts 1973, 63rd Leg., p. 083, ch. 399, § 1, eff. Jan. 1, 1974.]

§ 12.23. Class C Misdemeanor

An individual adjudged guilty of a Class C misde-

— shall be punished by a fine not to exceed

[Acta 1978, 63rd Leg,, p. 883, ch. 399, § 1, eff. Jan. 1, 1974.]

[Sections 12.24 to 12.80 reserved for expansion)