By: Harless (Senate Sponsor - Huffman) H.B. No. 1823
(In the Senate - Received from the House April 27, 2011;
May 3, 2011, read first time and referred to Committee on Criminal
Justice; May 19, 2011, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain persons to execute bail bonds
and act as sureties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.07, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.07. CORPORATION TO FILE WITH COUNTY CLERK POWER OF
ATTORNEY DESIGNATING AGENT. (a) Any corporation authorized by the
law of this State to act as a surety, shall before executing any
bail bond as authorized in the preceding Article, first file in the
office of the county clerk of the county where such bail bond is
given, a power of attorney designating and authorizing the named
agent, agents or attorney of such corporation to execute such bail
bonds and thereafter the execution of such bail bonds by such agent,
agents or attorney, shall be a valid and binding obligation of such
corporation.
(b) A corporation may limit the authority of an agent
designated under Subsection (a) by specifying the limitation in the
power of attorney that is filed with the county clerk.
SECTION 2. Article 17.10, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) A person, for compensation, may not act as a surety on a
bail bond if the person has been finally convicted of:
(1) a misdemeanor involving moral turpitude; or
(2) a felony.
SECTION 3. A limitation of the authority of an agent under
Article 17.07(b), Code of Criminal Procedure, as added by this Act,
is applicable only to a bail bond that is executed:
(1) on or after the effective date of this Act; and
(2) after the limitation of authority described by
Article 17.07(b) is filed with the county clerk, as provided by that
article.
SECTION 4. Article 17.10(c), Code of Criminal Procedure, as
added by this Act, applies only to a person convicted of an offense
committed on or after the effective date of this Act. A person
convicted of an offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 5. This Act takes effect September 1, 2011.
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