| 1 | 1 | | By: Harless (Senate Sponsor - Huffman) H.B. No. 1822 |
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| 2 | 2 | | (In the Senate - Received from the House April 26, 2011; |
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| 3 | 3 | | April 29, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Criminal Justice; May 19, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 0; May 19, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the withdrawal of security by a bail bond surety. |
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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 1704.210, Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 1704.210. WITHDRAWAL OF SECURITY. (a) A license |
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| 15 | 15 | | holder may withdraw the security or a portion of the security |
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| 16 | 16 | | deposited or executed under Section 1704.160, and the security |
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| 17 | 17 | | shall be returned to the license holder or the license holder's |
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| 18 | 18 | | heirs or assigns, if the person requesting the withdrawal is: |
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| 19 | 19 | | (1) a [the] license holder in good standing and the |
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| 20 | 20 | | amount of the security remaining after the withdrawal is: |
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| 21 | 21 | | (A) at least the minimum amount required by |
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| 22 | 22 | | Section 1704.160; and |
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| 23 | 23 | | (B) an amount sufficient to maintain the ratios |
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| 24 | 24 | | required by Section 1704.203 [ceases to engage in the bonding |
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| 25 | 25 | | business; |
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| 26 | 26 | | [(B) ceases to maintain the license; and |
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| 27 | 27 | | [(C) presents a release by the board]; or [and] |
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| 28 | 28 | | (2) a former license holder who has ceased to engage in |
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| 29 | 29 | | the bonding business, or a former license holder's heir or assign, |
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| 30 | 30 | | and the amount of the security remaining after the withdrawal is |
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| 31 | 31 | | sufficient to: |
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| 32 | 32 | | (A) pay any outstanding judgments; and |
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| 33 | 33 | | (B) secure any unexpired obligation on a bail |
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| 34 | 34 | | bond executed by the former [no judgment or bond liability, actual |
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| 35 | 35 | | or potential, is outstanding against the] license holder. |
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| 36 | 36 | | (b) The board may adopt rules to limit the number of times in |
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| 37 | 37 | | a year security may be returned to a license holder under this |
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| 38 | 38 | | section [Subsection (a) is equal to the amount of security |
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| 39 | 39 | | deposited or executed under Section 1704.160 minus the amount of |
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| 40 | 40 | | security: |
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| 41 | 41 | | [(1) depleted under Section 1704.204(b) to pay a |
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| 42 | 42 | | judgment; and |
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| 43 | 43 | | [(2) necessary to secure any unexpired obligation on a |
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| 44 | 44 | | bail bond executed by the license holder]. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2011. |
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| 46 | 46 | | * * * * * |
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