85R8331 JRR-F
By: Thompson of Harris, Collier, Villalba, H.B. No. 2586
Geren, Gooden
A BILL TO BE ENTITLED
AN ACT
relating to the electronic filing of bail bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.026, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.026. ELECTRONIC FILING OF BAIL BOND. (a) Except as
otherwise provided by this article, in [In] any manner permitted by
the county in which the bond is written, a bail bond may be filed
electronically with the court, judge, magistrate, or other officer
taking the bond.
(b) Subject to the implementation of a statewide system for
the electronic filing of bail bonds, if a county permits the
electronic filing of bail bonds:
(1) the commissioners court of the county shall adopt
security standards to prevent the filing of fraudulent electronic
bail bonds; and
(2) the county may establish a system for the
electronic filing of bail bonds that:
(A) requires each surety to use a digital
signature for the bond and any applicable attached power of
attorney;
(B) assigns user names and passwords for each
surety's office and holds the surety responsible for each bond
electronically submitted to the county under the user name and
password assigned to the office; or
(C) allows a corporate surety to file the power
of attorney required by Article 17.07 of this code or Section
1704.211, Occupations Code, through the implementation of a digital
power of attorney system in which a power of attorney containing a
serial number is attached to the bond through a third-party
Internet website.
(c) An individual acting on the individual's own behalf or
on behalf of a corporate surety may not file an electronic bail bond
unless the individual and any surety on the bond are:
(1) otherwise authorized to file bail bonds in the
appropriate jurisdiction; and
(2) in compliance with Section 1704.213, Occupations
Code, and with the other provisions of Chapter 1704, if the
electronic bail bond is filed in a county governed by that chapter.
(d) The provisions of this chapter, Chapter 22 of this code,
and Chapter 1704, Occupations Code, that do not conflict with this
article apply to bail bonds filed electronically.
SECTION 2. This Act takes effect September 1, 2017.