81R28856 NC-D
By: Raymond H.B. No. 4546
Substitute the following for H.B. No. 4546:
By: Kuempel C.S.H.B. No. 4546
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of an attorney from licensing
requirements for bail bond sureties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1704.163, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(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:
(A) [,] 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; and
(B) if a bond is executed, presents an affidavit
that:
(i) is signed by the principal;
(ii) is attached to the bond; and
(iii) states that the principal has signed
a contract retaining the person as counsel for the criminal case for
which the bond was executed.
(a-1) A person not licensed under this chapter may execute a
bail bond or act as a surety for another person in a case involving a
Class C misdemeanor 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.
SECTION 2. The change in law made by this Act applies only
to a bail bond executed or a person who acts as a surety on or after
the effective date of this Act. A bail bond executed or a person who
acts as a surety before the effective date of this Act is governed
by the law in effect on the date the bail bond was executed or the
person acted as a surety, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2009.