| 1 | 1 | | By: Fletcher (Senate Sponsor - Patrick) H.B. No. 1442 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 14, 2013, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 5, Nays 0; May 14, 2013, sent to |
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| 6 | 6 | | printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the authority of a county to deposit fees collected by a |
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| 12 | 12 | | county bail bond board in a separate county fund. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 1704.101, Occupations Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | Sec. 1704.101. ADMINISTRATIVE AUTHORITY. A board shall: |
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| 17 | 17 | | (1) exercise powers incidental or necessary to the |
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| 18 | 18 | | administration of this chapter; |
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| 19 | 19 | | (2) deposit fees collected under this chapter in the |
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| 20 | 20 | | general fund of the county or in a separate county fund established |
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| 21 | 21 | | for this purpose; |
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| 22 | 22 | | (3) supervise and regulate each phase of the bonding |
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| 23 | 23 | | business in the county; |
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| 24 | 24 | | (4) adopt and post rules necessary to implement this |
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| 25 | 25 | | chapter; |
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| 26 | 26 | | (5) conduct hearings and investigations and make |
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| 27 | 27 | | determinations relating to the issuance, denial, or renewal of |
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| 28 | 28 | | licenses; |
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| 29 | 29 | | (6) issue licenses to qualified applicants; |
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| 30 | 30 | | (7) deny licenses to unqualified applicants; |
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| 31 | 31 | | (8) employ persons necessary to assist in board |
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| 32 | 32 | | functions; and |
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| 33 | 33 | | (9) conduct board business, including maintaining |
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| 34 | 34 | | records and minutes. |
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| 35 | 35 | | SECTION 2. Section 1704.103(a), Occupations Code, is |
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| 36 | 36 | | amended to read as follows: |
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| 37 | 37 | | (a) Fees deposited in the general fund of a county or in a |
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| 38 | 38 | | separate county fund under Section 1704.101(2) may be used only to |
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| 39 | 39 | | administer and enforce this chapter, including reimbursement for: |
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| 40 | 40 | | (1) reasonable expenses incurred by the board in |
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| 41 | 41 | | enforcing this chapter; and |
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| 42 | 42 | | (2) actual expenses incurred by a board member in |
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| 43 | 43 | | serving on the board. |
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| 44 | 44 | | SECTION 3. A county that establishes a separate county fund |
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| 45 | 45 | | for the purpose of depositing fees collected under Chapter 1704, |
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| 46 | 46 | | Occupations Code, as provided by Section 1704.101, Occupations |
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| 47 | 47 | | Code, as amended by this Act, may transfer fees previously |
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| 48 | 48 | | collected under Chapter 1704, Occupations Code, and deposited in |
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| 49 | 49 | | the county's general fund to the separate fund. |
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| 50 | 50 | | SECTION 4. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2013. |
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| 55 | 55 | | * * * * * |
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