# Appellants Reply Brief — Able v. Texas

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appellants Reply Brief
- **Published:** January 1, 1983
- **Citation:** 460 U.S. 1064

## Text

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

A=-25

A=-25

A=-25

A-J

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

A-4

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

A-9

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.

A-18

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.

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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

A-24

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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385010_0194%3A4. Public record. Not legal advice.