| 1 | 1 | | 85R8331 JRR-F |
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| 2 | 2 | | By: Thompson of Harris, Collier, Villalba, H.B. No. 2586 |
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| 3 | 3 | | Geren, Gooden |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the electronic filing of bail bonds. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 17.026, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 17.026. ELECTRONIC FILING OF BAIL BOND. (a) Except as |
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| 13 | 13 | | otherwise provided by this article, in [In] any manner permitted by |
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| 14 | 14 | | the county in which the bond is written, a bail bond may be filed |
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| 15 | 15 | | electronically with the court, judge, magistrate, or other officer |
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| 16 | 16 | | taking the bond. |
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| 17 | 17 | | (b) Subject to the implementation of a statewide system for |
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| 18 | 18 | | the electronic filing of bail bonds, if a county permits the |
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| 19 | 19 | | electronic filing of bail bonds: |
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| 20 | 20 | | (1) the commissioners court of the county shall adopt |
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| 21 | 21 | | security standards to prevent the filing of fraudulent electronic |
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| 22 | 22 | | bail bonds; and |
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| 23 | 23 | | (2) the county may establish a system for the |
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| 24 | 24 | | electronic filing of bail bonds that: |
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| 25 | 25 | | (A) requires each surety to use a digital |
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| 26 | 26 | | signature for the bond and any applicable attached power of |
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| 27 | 27 | | attorney; |
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| 28 | 28 | | (B) assigns user names and passwords for each |
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| 29 | 29 | | surety's office and holds the surety responsible for each bond |
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| 30 | 30 | | electronically submitted to the county under the user name and |
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| 31 | 31 | | password assigned to the office; or |
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| 32 | 32 | | (C) allows a corporate surety to file the power |
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| 33 | 33 | | of attorney required by Article 17.07 of this code or Section |
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| 34 | 34 | | 1704.211, Occupations Code, through the implementation of a digital |
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| 35 | 35 | | power of attorney system in which a power of attorney containing a |
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| 36 | 36 | | serial number is attached to the bond through a third-party |
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| 37 | 37 | | Internet website. |
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| 38 | 38 | | (c) An individual acting on the individual's own behalf or |
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| 39 | 39 | | on behalf of a corporate surety may not file an electronic bail bond |
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| 40 | 40 | | unless the individual and any surety on the bond are: |
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| 41 | 41 | | (1) otherwise authorized to file bail bonds in the |
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| 42 | 42 | | appropriate jurisdiction; and |
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| 43 | 43 | | (2) in compliance with Section 1704.213, Occupations |
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| 44 | 44 | | Code, and with the other provisions of Chapter 1704, if the |
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| 45 | 45 | | electronic bail bond is filed in a county governed by that chapter. |
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| 46 | 46 | | (d) The provisions of this chapter, Chapter 22 of this code, |
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| 47 | 47 | | and Chapter 1704, Occupations Code, that do not conflict with this |
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| 48 | 48 | | article apply to bail bonds filed electronically. |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2017. |
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