| 1 | 1 | | 81R28856 NC-D |
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| 2 | 2 | | By: Raymond H.B. No. 4546 |
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| 3 | 3 | | Substitute the following for H.B. No. 4546: |
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| 4 | 4 | | By: Kuempel C.S.H.B. No. 4546 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the exemption of an attorney from licensing |
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| 10 | 10 | | requirements for bail bond sureties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1704.163, Occupations Code, is amended |
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| 13 | 13 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (a) Except as provided by this section, a person not |
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| 16 | 16 | | licensed under this chapter may execute a bail bond or act as a |
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| 17 | 17 | | surety for another person in any county in this state if the person: |
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| 18 | 18 | | (1) is licensed to practice law in this state; and |
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| 19 | 19 | | (2) at the time the bond is executed or the person acts |
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| 20 | 20 | | as a surety: |
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| 21 | 21 | | (A) [,] files a notice of appearance as counsel |
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| 22 | 22 | | of record in the criminal case for which the bond was executed or |
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| 23 | 23 | | surety provided or submits proof that the person has previously |
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| 24 | 24 | | filed with the court in which the criminal case is pending the |
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| 25 | 25 | | notice of appearance as counsel of record; and |
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| 26 | 26 | | (B) if a bond is executed, presents an affidavit |
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| 27 | 27 | | that: |
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| 28 | 28 | | (i) is signed by the principal; |
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| 29 | 29 | | (ii) is attached to the bond; and |
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| 30 | 30 | | (iii) states that the principal has signed |
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| 31 | 31 | | a contract retaining the person as counsel for the criminal case for |
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| 32 | 32 | | which the bond was executed. |
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| 33 | 33 | | (a-1) A person not licensed under this chapter may execute a |
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| 34 | 34 | | bail bond or act as a surety for another person in a case involving a |
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| 35 | 35 | | Class C misdemeanor if the person: |
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| 36 | 36 | | (1) is licensed to practice law in this state; and |
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| 37 | 37 | | (2) at the time the bond is executed or the person acts |
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| 38 | 38 | | as a surety, files a notice of appearance as counsel of record in |
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| 39 | 39 | | the criminal case for which the bond was executed or surety provided |
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| 40 | 40 | | or submits proof that the person has previously filed with the court |
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| 41 | 41 | | in which the criminal case is pending the notice of appearance as |
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| 42 | 42 | | counsel of record. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 44 | | to a bail bond executed or a person who acts as a surety on or after |
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| 45 | 45 | | the effective date of this Act. A bail bond executed or a person who |
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| 46 | 46 | | acts as a surety before the effective date of this Act is governed |
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| 47 | 47 | | by the law in effect on the date the bail bond was executed or the |
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| 48 | 48 | | person acted as a surety, and the former law is continued in effect |
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| 49 | 49 | | for that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2009. |
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