By: Harless, Canales (Senate Sponsor - Hinojosa) H.B. No. 1562
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Criminal
Justice; May 17, 2013, reported favorably by the following vote:
Yeas 7, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to notice provided when a bail bond surety is in default.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.11, Code of Criminal Procedure, is
amended by amending Section 2 and adding Section 3 to read as
follows:
Sec. 2. Provided, however, any person who has signed as a
surety on a bail bond and is in default thereon shall thereafter be
disqualified to sign as a surety so long as the person [he] is in
default on the [said] bond. It shall be the duty of the clerk of the
court where the [wherein such] surety is in default on a bail
bond[,] to notify in writing the sheriff, chief of police, or other
peace officer[,] of the [such] default. If a bail bond is taken for
an offense other than a Class C misdemeanor, the clerk of the court
where the surety is in default on the bond shall send notice of the
default by certified mail to the last known address of the surety.
Sec. 3. A surety is considered to be [shall be deemed] in
default from the time execution may be issued on a final judgment in
a bond forfeiture proceeding under the Texas Rules of Civil
Procedure, unless the final judgment is superseded by the posting
of a supersedeas bond.
SECTION 2. The change in law made by this Act to Article
17.11, Code of Criminal Procedure, applies only to a bail bond that
is executed on or after the effective date of this Act. A bail bond
executed before the effective date of this Act is governed by the
law in effect when the bail bond was executed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
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