| 1 | 1 | | 86R7470 MAW-D |
|---|
| 2 | 2 | | By: Zaffirini S.B. No. 1762 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the location of real property executed in trust for the |
|---|
| 8 | 8 | | issuance of a license as a bail bond surety. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 1704.154(b), Occupations Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (b) The application must: |
|---|
| 13 | 13 | | (1) be in a form and contain the information |
|---|
| 14 | 14 | | prescribed by the board; |
|---|
| 15 | 15 | | (2) state: |
|---|
| 16 | 16 | | (A) the applicant's name, age, and address; |
|---|
| 17 | 17 | | (B) if the applicant is a corporation, whether |
|---|
| 18 | 18 | | the applicant is: |
|---|
| 19 | 19 | | (i) chartered or admitted to do business in |
|---|
| 20 | 20 | | this state; and |
|---|
| 21 | 21 | | (ii) qualified to write fidelity, guaranty, |
|---|
| 22 | 22 | | and surety bonds under the Insurance Code; |
|---|
| 23 | 23 | | (C) the name under which the bail bond business |
|---|
| 24 | 24 | | will be conducted, including a bail bond business that is conducted |
|---|
| 25 | 25 | | by an agent of a corporation; |
|---|
| 26 | 26 | | (D) each place, including the street address and |
|---|
| 27 | 27 | | municipality, at which the business will be conducted; and |
|---|
| 28 | 28 | | (E) the amount of cash or the cash value of a |
|---|
| 29 | 29 | | certificate of deposit or cashier's check that the applicant |
|---|
| 30 | 30 | | intends to deposit with the county treasurer if the applicant's |
|---|
| 31 | 31 | | application is approved or, if the applicant is an individual |
|---|
| 32 | 32 | | intending to execute nonexempt real property in trust to the board, |
|---|
| 33 | 33 | | the value of the real property; |
|---|
| 34 | 34 | | (3) if the applicant is an individual, be accompanied |
|---|
| 35 | 35 | | by a list, as required by Section 1704.155, of nonexempt real |
|---|
| 36 | 36 | | property located in this state that is owned by the applicant and |
|---|
| 37 | 37 | | that the applicant intends to execute in trust to the board if the |
|---|
| 38 | 38 | | applicant's application is approved; and |
|---|
| 39 | 39 | | (4) be accompanied by: |
|---|
| 40 | 40 | | (A) the applicant's complete, sworn financial |
|---|
| 41 | 41 | | statement; |
|---|
| 42 | 42 | | (B) the applicant's declaration that the |
|---|
| 43 | 43 | | applicant will comply with this chapter and the rules adopted by the |
|---|
| 44 | 44 | | board; |
|---|
| 45 | 45 | | (C) three letters of recommendation, each from a |
|---|
| 46 | 46 | | person who: |
|---|
| 47 | 47 | | (i) is reputable; and |
|---|
| 48 | 48 | | (ii) has known the applicant or, if the |
|---|
| 49 | 49 | | applicant is a corporation, the agent designated by the corporation |
|---|
| 50 | 50 | | in the application for at least three years; |
|---|
| 51 | 51 | | (D) a $500 filing fee; |
|---|
| 52 | 52 | | (E) a photograph of the applicant or, if the |
|---|
| 53 | 53 | | applicant is a corporation, of the agent designated by the |
|---|
| 54 | 54 | | corporation in the application; |
|---|
| 55 | 55 | | (F) a set of fingerprints of the applicant or, if |
|---|
| 56 | 56 | | the applicant is a corporation, of the agent designated by the |
|---|
| 57 | 57 | | corporation in the application taken by a law enforcement officer |
|---|
| 58 | 58 | | designated by the board; |
|---|
| 59 | 59 | | (G) if the applicant is or has been licensed |
|---|
| 60 | 60 | | under this chapter in another county: |
|---|
| 61 | 61 | | (i) a list of each county in which the |
|---|
| 62 | 62 | | applicant holds a license; and |
|---|
| 63 | 63 | | (ii) a statement by the applicant, as of the |
|---|
| 64 | 64 | | date of the application, of any final judgments that have been |
|---|
| 65 | 65 | | unpaid for more than 30 days and that arose directly or indirectly |
|---|
| 66 | 66 | | from a bail bond executed by the applicant as a surety or as an agent |
|---|
| 67 | 67 | | for a surety; and |
|---|
| 68 | 68 | | (H) if the applicant is a corporation, a |
|---|
| 69 | 69 | | statement by the designated agent, as of the date of the |
|---|
| 70 | 70 | | application, of any final judgments that have been unpaid for more |
|---|
| 71 | 71 | | than 30 days and that arose directly or indirectly from any bond |
|---|
| 72 | 72 | | executed by the agent as a surety or as an agent for a surety. |
|---|
| 73 | 73 | | SECTION 2. Section 1704.154, Occupations Code, as amended |
|---|
| 74 | 74 | | by this Act, applies only to an application for a bail bond surety |
|---|
| 75 | 75 | | license that is submitted on or after the effective date of this |
|---|
| 76 | 76 | | Act. An application submitted before the effective date of this Act |
|---|
| 77 | 77 | | is governed by the law in effect on the date the application was |
|---|
| 78 | 78 | | submitted, and the former law is continued in effect for that |
|---|
| 79 | 79 | | purpose. |
|---|
| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|