| 1 | 1 | | By: Whitmire, Creighton S.B. No. 1151 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of corporations to act as sureties on bail |
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| 7 | 7 | | bonds. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 17.06, Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Art. 17.06. CORPORATION AS SURETY. (a) In [Wherever in] |
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| 12 | 12 | | this chapter [Chapter], if a [any] person is required or authorized |
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| 13 | 13 | | to give or execute a [any] bail bond, the [such] bail bond may be |
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| 14 | 14 | | given or executed by the [such] principal and a [any] corporation |
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| 15 | 15 | | authorized by law to act as surety, subject to all applicable [the] |
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| 16 | 16 | | provisions of this chapter [Chapter] regulating and governing the |
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| 17 | 17 | | giving of bail bonds by personal surety [insofar as the same is |
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| 18 | 18 | | applicable]. |
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| 19 | 19 | | (b) Before executing a bail bond for the release of a |
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| 20 | 20 | | defendant, a corporation acting as surety, or the agent executing |
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| 21 | 21 | | the bail bond on behalf of the corporation acting as surety, shall: |
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| 22 | 22 | | (1) collect a premium of not less than 10 percent of |
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| 23 | 23 | | the total surety bond amount; and |
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| 24 | 24 | | (2) submit to the sheriff of the county in which the |
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| 25 | 25 | | prosecution is pending a sworn affidavit that confirms payment of |
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| 26 | 26 | | the premium and identifies: |
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| 27 | 27 | | (A) the amount paid for the premium; |
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| 28 | 28 | | (B) the method of payment for the premium, |
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| 29 | 29 | | including cash, a type of cash equivalent, a property transfer, a |
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| 30 | 30 | | property lien, or another method; and |
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| 31 | 31 | | (C) the person who paid the premium. |
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| 32 | 32 | | SECTION 2. Article 17.06, Code of Criminal Procedure, as |
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| 33 | 33 | | amended by this Act, applies only to a bail bond executed on or |
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| 34 | 34 | | after the effective date of this Act. A bail bond executed before |
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| 35 | 35 | | the effective date of this Act is governed by the law in effect on |
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| 36 | 36 | | the date the bail bond was executed, and the former law is continued |
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| 37 | 37 | | in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2023. |
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