|
|
1.
Applicable State Statutes
-
Occupations
Code, Chapter 1704
-
Revised
Civil Statutes (RCS) of the State of Texas, Vol.
7A, Article 2372p-3
-
Code
of Criminal Procedure (CCP), Ch. 14 Arrest Without
Warrant, Ch. 17 Bail, & Ch. 22 Forfeiture of
Bail
Unless
otherwise specified, all references below will be to
sections of Ch. 1704, Occupations Code.
1)
Concerning local governance, the bail industry is
regulated in all counties with a population of
110,000 or more (and in smaller counties on an
optional basis) by County Bail Bond Boards (CBBB)
[Sec. 1704.051] which have broad latitude in
administering the act. The CBBB can exercise
powers incidental and necessary to administer the
act and can supervise and regulate each phase of
the bonding business in the county.
[1704.101(1)-(9)]
2)
In counties without a CBBB, regulation is by the
sheriff and by the judges within that county [CCP
17.11, 17.13]
2.
State Licensing Requirements
-
Counties
with a Bail Bond Board
1)
Both individuals and corporations can be licensed
a.
An individual must [Sec. 1704.152(a)(1)-(3)]
1.
Be a resident of Texas and a US citizen,
2.
Be at least 18 years old,
3.
Have financial resources to provide indemnity as
set out in Sec. 1704.160,
4.
Have no final convictions of a felony or a
misdemeanor involving moral turpitude [Sec.
1704.153]
b.
A corporation must be [Sec. 1704.152(b)(1)-(2)]
1.
Chartered or admitted to do business in Texas,
2.
Qualified to write fidelity, guaranty, and
surety bonds under the Insurance Code
2) In
addition to the above, the applicant must file a
sworn CBBB application form which prescribes at
least the following [Sec1704.154]:
-
name,
age, address, (if a corporation, whether
qualified as above under the Texas Insurance
Code), name under which the business will be
conducted, location(s) of business [Sec.
1704.154(b)(2)
-
statement
listing any nonexempt real property owned by
the applicant that the applicant intends to
execute in trust to the CBBB to secure payment
of obligations if the license is granted [Sec.
1704.154(b)(3)(A)], statement showing the
amount of cash or cash equivalent that the
applicant intends to deposit with the
treasurer if the license is granted
[1704.154(b)(3)(B)], a complete sworn
financial statement [Sec. 1704.154(b)(4)(A)],
a declaration that the applicant will comply
with the Act and any rules of the CBBB
[1704.154(b)(4)(B)]
-
application
has to be accompanied by letters of
recommendation from three reputable persons
who have known the applicant for at least
three years (for a corporation, same
requirement for the person to be in charge of
the business) [Sec. 1704.154(b)(4)(C)]], a
$500 filing fee [Sec. 1704.154(b)(4)(D)], a
photograph of the applicant (for a
corporation, of the person to be in charge of
the business) [Sec. 1705.154(b)(4)(E)], a set
of the fingerprints of the applicant (for a
corporation, of the person to be in charge of
the business) taken by a law enforcement
officer designated by the board [Sec.
1704.154(b)(4)(F)], a letter from each CBBB in
which the applicant is licensed stating
whether the applicant is in good standing in
that county [Sec. 1704.154(b)(4)(G)]
3) A
hearing is to be conducted on an application [Sec.
1704.158] after the CBBB conducts preliminary
inquiries about the applicant [Sec. 1704.157]
4)
After tentative approval of the application, the
applicant:
-
if
an individual, deposits with the county
treasurer cash or cash equivalent in the
amount stated in the application [Sec.
1704.160(a)(1)(A)] or executes deeds of trust
for the property listed in the application
[Sec. 1704.160(a)(1)(B). The amount of the
deposit or the value of the property pledged
must be at least $50,000 (or $10,000 in
counties with a population of less than
250,000) [Sec. 1704.160(b)-(c)]
-
if
a corporation, furnishes to the sheriff an
irrevocable letter of credit to pay any final
judgment of forfeiture on a bail bond executed
by the corporation [Sec. 1704.160(a)(2)]
5)
No individual bondsman, in any county may execute
bail bonds in excess of 10 times the value of the
property held as security [Sec. 1704.203]. This
does not apply to a corporate surety [Sec.
1704.203(e)].
6)
Before executing any bail bond, the corporation
must file with the county clerk a power of
attorney for the corporation’s agent(s), each of
which must be a license holder [Sec.
1704.211(a)-(b)]
B.
Counties without Bail Bond Boards
1)
No license required for an individual surety.
Person must satisfy the sheriff or the courts that
he or she is worth at least twice the amount of
the bond, exclusive of all property exempted by
law from execution and of debts or other
encumbrances, that he or she is a resident of the
State of Texas, and that he or she has property in
Texas liable to execution [CCP Art. 17.11]
2)
A corporation may act as surety [CCP Art. 17.06],
but shall before executing any bail bond first
file in the office of the county clerk of the
county where the bond is given a power of attorney
designating and authorizing the named agent [CCP
Art. 17.07]
3)
An agent for a corporate surety must hold a local
recording agent license issued by the Department
of Insurance [Ins. Code, Art. 21.14]
3.
Notice of Forfeiture
A
judgment takes place at the time that the defendant
fails to appear in court [CCP Art. 22.02]. The clerk
must notify the surety of the judgment by service of
citation [CCP Art. 22.03], a copy of the judgment of
forfeiture must accompany the citation [CCP Art.
22.04], and the citation must be served in the time
and manner required in civil actions [CCP Art.
22.05]. Citations in civil actions require an answer
to be filed by 10:00 a.m. on the Monday next
following 20 days after the date of service. [Tex.
Rules of Civ. Proc., Rule 99(b)]
4.
Allotted Time Between Forfeiture Declaration and
Payment Due Date
Forfeiture
proceedings are governed by the same rules governing
other civil suits. [CCP Art. 22.10]. If the surety
fails to answer within the time limited for
answering in other civil actions (the Monday next
following 20 days after the date of service), the
court shall enter judgment final by default. [CCP
Art. 22.15]. If the surety answers, the surety is
entitled to reasonable notice of at least 45 days
before any trial setting. [Tex. Rules of Civ. Proc.,
Rule 245]
5.
Forfeiture Defenses
-
The
following will exonerate [CCP Art. 22.13]:
1.
The bond is not valid
2.
Death of the principal before the forfeiture was
taken.
3.
Sickness of the principal or other uncontrollable
circumstance that prevented his appearance in
court.
4.
Failure to present an indictment or information at
the first term of court after the principal has
been admitted to bail.
-
Before
forfeiture, the surety is relieved of liability
if he surrenders the accused into the custody of
the sheriff of the county where the prosecution
is pending [CCP Art. 17.16(a)(1)]
-
Before
forfeiture, the surety is absolved of liability
by delivering to the sheriff of the county where
the prosecution is pending an affidavit stating
that the defendant is incarcerated in federal
custody, in the custody of any state, or in any
county of the State of Texas. [CCP Art.
17.16(a)2)]
6.
Remission
-
After
forfeiture, but before entry of a final judgment
on that forfeiture, the court may remit all or
part of the amount of the bond, within the
court’s discretion. [CCP 22.16 (as construed
by the courts)].
-
Not
later than two years after entry of a final
judgment, the surety may file with the court a
special bill of review asking that the judgment
be reformed and that all or part of the bond
amount be remitted to the surety. The court in
its discretion may grant or deny the bill in
whole or in part. [CCP Art. 22.17]
7.
Bail Agent’s Arrest Authority
The
surety may surrender the principal with the written
permission of the judge or magistrate before which
the prosecution is pending. [CCP Art. 17.19]
8.
Other Noteworthy Provisions
An
action by the state to forfeit a bail bond must be
brought within four years of the date when the
principal failed to appear in court.
9.
Noteworthy Court Cases
See
www.texbail.com
10.
Bounty Hunter Provisions
-
The
surety can without force or breach of the peace
surrender the principal at any time.
-
Before
forfeiture, the surety can obtain a warrant for
the arrest of the principal which can be executed
by any peace officer, security officer or private
investigator licensed in the State of Texas. [CCP
Art. 17.19]
-
After
forfeiture, the capias warrant may be executed by
any peace officer or private investigator licensed
in the State of Texas. [CCP 23.05]
11.
Jurisdictions Allowing On-Line Case Checking
-
Harris
County (Houston)
-
Dallas
County (Dallas)
-
Tarrant
County (Fort Worth)
-
Bexar
County (San Antonio)
-
Denton
County (Denton)
-
Collin
County (McKinney)
-
Comal
County (New Braunfels)
|
