reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.387. Failure to Surrender Certain Documents; Offense

Sec. 1702.387.  FAILURE TO SURRENDER CERTAIN DOCUMENTS;  OFFENSE.  (a)  A person commits an offense if the person fails to surrender or immediately return to the department the person's commission, pocket card, or other identification issued to the person by the department under this chapter on notification of a summary suspension or summary denial under Section 1702.364.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.675, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.98, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.110, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.3875. Impersonating Security Officer; Offense

Sec. 1702.3875.  IMPERSONATING SECURITY OFFICER;  OFFENSE.  (a)  A person commits an offense if the person:
(1)  impersonates a commissioned or noncommissioned security officer with the intent to induce another to submit to the person's pretended authority or to rely on the person's pretended acts of a security officer; or
(2)  knowingly purports to exercise any function that requires licensure as a noncommissioned security officer or a security officer commission.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 822, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.111, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.3876. Impersonating Private Investigator; Offense

Sec. 1702.3876.  IMPERSONATING PRIVATE INVESTIGATOR; OFFENSE.  (a)  A person commits an offense if the person:
(1)  impersonates a private investigator with the intent to induce another to submit to the person's pretended authority or to rely on the person's pretended acts of a private investigator; or
(2)  knowingly purports to exercise any function that requires licensure as a private investigator.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 656 (H.B. 1400), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.388. Violation of Chapter; Offense

Sec. 1702.388.  VIOLATION OF CHAPTER;  OFFENSE.  (a)  A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, certificate of insurance, or commission that the person is required to hold under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.99, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.112, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.389. Venue

Sec. 1702.389.  VENUE.  An offense under this chapter may be prosecuted in Travis County or in the county in which the offense occurred.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter A. General Provisions › Section 1704.001. Definitions

Sec. 1704.001.  DEFINITIONS.  In this chapter:
(1)  "Bail bond" means a cash deposit, or similar deposit or written undertaking, or a bond or other security, given to guarantee the appearance of a defendant in a criminal case.
(2)  "Bail bond surety" means a person who:
(A)  executes a bail bond as a surety or cosurety for another person;  or
(B)  for compensation deposits cash to ensure the appearance in court of a person accused of a crime.
(3)  "Board" means a county bail bond board.
(4)  "Bonding business" or "bail bond business" means the solicitation, negotiation, or execution of a bail bond by a bail bond surety.
(4-a)  "Final judgment" means a judgment that disposes of all issues and parties in a case.
(5)  "Person" means an individual or corporation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 6, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 316 (S.B. 624), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter A. General Provisions › Section 1704.002. Application of Chapter

Sec. 1704.002.  APPLICATION OF CHAPTER.  This chapter applies only in a county with a population of:
(1)  110,000 or more;  or
(2)  less than 110,000 in which a board is created.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter B. County Bail Bond Boards › Section 1704.051. Mandatory Creation of Board

Sec. 1704.051.  MANDATORY CREATION OF BOARD.  A board is created in each county with a population of 110,000 or more.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter B. County Bail Bond Boards › Section 1704.052. Discretionary Creation of Board

Sec. 1704.052.  DISCRETIONARY CREATION OF BOARD.  A board may be created in a county with a population of less than 110,000 if:
(1)  a majority of the persons who would serve as members of the board under Section 1704.053, or who would designate the persons who would serve as members of the board, determine to create a board; and
(2)  the commissioners court approves the creation of the board by a majority vote.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 923 (H.B. 3003), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter B. County Bail Bond Boards › Section 1704.053. Board Composition

Sec. 1704.053.  BOARD COMPOSITION.  A board consists of:
(1)  the sheriff or a designee from the sheriff's office who must be the sheriff's administrator or a deputy sheriff of the rank of at least sergeant;
(2)  a district judge of the county having jurisdiction over criminal matters and designated by the presiding judge of the administrative judicial district or a designee of the district judge who is approved by the presiding judge;
(3)  the county judge, a member of the commissioners court designated by the county judge, or a designee approved by the commissioners court;
(4)  a judge of a county court or county court at law in the county having jurisdiction over criminal matters and designated by the commissioners court or a designee of the judge who is approved by the commissioners court;
(5)  the district attorney or an assistant district attorney designated by the district attorney;
(6)  a licensed bail bond surety or agent for a corporate surety in the county elected under Section 1704.0535, or a bail bond surety or agent for a corporate surety licensed in the county who is designated by the elected surety or agent;
(7)  a justice of the peace;
(8)  the district clerk or the clerk's designee;
(9)  the county clerk or the clerk's designee, if the county clerk has responsibility over criminal matters;
(10)  if appointed by the board, a presiding judge of a municipal court in the county;
(11)  if the county's principal municipality designates a presiding judge in the municipal court system, the presiding judge or a municipal judge from the system designated by the presiding judge;
(12)  the county treasurer or the treasurer's designee or, if appointed by the commissioners court in a county that does not have a county treasurer, the person designated by the county commissioners court to perform the duties of the county treasurer; and
(13)  a criminal defense attorney practicing in the county and elected by other attorneys whose principal places of business are located in the county and who are not legally prohibited from representing criminal defendants or the designee of the criminal defense attorney.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.503(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 7, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 353 (S.B. 235), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter B. County Bail Bond Boards › Section 1704.0535. Election of Certain Bail Bond Board Members

Sec. 1704.0535.  ELECTION OF CERTAIN BAIL BOND BOARD MEMBERS.  (a)  The board shall annually conduct a secret ballot election to elect the members of the board who serve as the representative of licensed bail bond sureties and the representative of the criminal defense attorneys by electing:
(1)  a licensed bail bond surety or agent for a corporate surety board member; and
(2)  a criminal defense attorney who is practicing in the county.
(b)  Each individual licensed in the county as a bail bond surety or agent for a corporate surety is entitled to cast one vote for each license held to elect the board member who is a surety or agent for a corporate surety.
(c)  Each attorney who has a principal place of business located in the county and who is not legally prohibited from representing criminal defendants in the county is entitled to cast one vote to elect the board member who is a criminal defense attorney.
(d)  Each elected justice of the peace in the county who is not legally prohibited from voting in an election for the purpose is entitled to cast one vote to elect the board member who is a justice of the peace.
Added by Acts 2003, 78th Leg., ch. 942, Sec. 8, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 234 (H.B. 2894), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter B. County Bail Bond Boards › Section 1704.054. Presiding Officer

Sec. 1704.054.  PRESIDING OFFICER.  (a)  A board shall initially elect one of its members as presiding officer.
(b)  The presiding officer shall preside over board meetings.
(c)  The presiding officer may vote on any board matter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 9, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter B. County Bail Bond Boards › Section 1704.055. Meetings

Sec. 1704.055.  MEETINGS.  (a)  A board shall hold its initial meeting not later than the 60th day after the date the board is created.
(b)  Except as provided by Subsection (c), a board shall meet:
(1)  at least once a month; and
(2)  at other times at the call of the presiding officer.
(c)  A board in a county with a population of less than 150,000 shall meet:
(1)  at least four times each year during the months of January, April, July, and October at the call of the presiding officer; and
(2)  at other times at the call of the presiding officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 899 (H.B. 383), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1011 (H.B. 885), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter B. County Bail Bond Boards › Section 1704.056. Quorum; Majority Vote

Sec. 1704.056.  QUORUM;  MAJORITY VOTE.  (a)  Four members of a board constitute a quorum.
(b)  A board may take action only on a majority vote of the board members present.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.101. Administrative Authority

Sec. 1704.101.  ADMINISTRATIVE AUTHORITY.  A board shall:
(1)  exercise powers incidental or necessary to the administration of this chapter;
(2)  deposit fees collected under this chapter in the general fund of the county or in a separate county fund established for this purpose;
(3)  supervise and regulate each phase of the bonding business in the county;
(4)  adopt and post rules necessary to implement this chapter;
(5)  conduct hearings and investigations and make determinations relating to the issuance, denial, or renewal of licenses;
(6)  issue licenses to qualified applicants;
(7)  deny licenses to unqualified applicants;
(8)  employ persons necessary to assist in board functions; and
(9)  conduct board business, including maintaining records and minutes.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 921 (H.B. 1442), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.102. Enforcement Authority

Sec. 1704.102.  ENFORCEMENT AUTHORITY.  (a)  A board shall:
(1)  enforce this chapter in the county;
(2)  conduct hearings and investigations and make determinations relating to license suspension and revocation;
(3)  suspend or revoke a license for a violation of this chapter or a rule adopted by the board under this chapter;  and
(4)  require a record and transcription of each board proceeding.
(b)  A board may:
(1)  compel the appearance before the board of an applicant or license holder;  and
(2)  during a hearing conducted by the board, administer oaths, examine witnesses, and compel the production of pertinent records and testimony by a license holder or applicant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.103. Disbursements From County Fund

Sec. 1704.103.  DISBURSEMENTS FROM COUNTY FUND.  (a)  Fees deposited in the general fund of a county or in a separate county fund under Section 1704.101(2) may be used only to administer and enforce this chapter, including reimbursement for:
(1)  reasonable expenses incurred by the board in enforcing this chapter; and
(2)  actual expenses incurred by a board member in serving on the board.
(b)  For purposes of this section, serving on a board is an additional duty of a board member's office.  A board member may not receive compensation for serving on a board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 921 (H.B. 1442), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.104. Posting of Board Rule or Action

Sec. 1704.104.  POSTING OF BOARD RULE OR ACTION.  A board shall post a rule adopted or an action taken by the board in an appropriate place in the county courthouse for the 10 days preceding the date the rule or action takes effect.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.105. Licensed Bail Bond Surety List

Sec. 1704.105.  LICENSED BAIL BOND SURETY LIST.  (a)  A board shall post in each court having criminal jurisdiction in the county, and shall provide to each local official responsible for the detention of prisoners in the county, a current list of each licensed bail bond surety and each licensed agent of a corporate surety in the county.
(b)  A list of each licensed bail bond surety and each licensed agent of a corporate surety in a county must be displayed at each location where prisoners are examined, processed, or confined.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 10, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.107. Notification of License Suspension or Revocation

Sec. 1704.107.  NOTIFICATION OF LICENSE SUSPENSION OR REVOCATION.  A board shall immediately notify each court and each local official responsible for the detention of prisoners in the county of:
(1)  the suspension or revocation of a license issued under this chapter;  and
(2)  the revocation of the authority of a license holder's agent.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.108. Notification of Default by Corporation

Sec. 1704.108.  NOTIFICATION OF DEFAULT BY CORPORATION.  A board shall promptly notify the Texas Department of Insurance if a corporation fails to pay a judgment of forfeiture as provided by Section 1704.204(a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 11, eff. June 20, 2003.
Validity
This section has been declared unconstitutional.  See Pruett v. Harris County Bail Bond Bd., 400 F. Supp. 2d 967 (S.D. Tex. 2005).
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter C. Board Powers and Duties › Section 1704.109. Solicitation and Advertisement

Sec. 1704.109.  SOLICITATION AND ADVERTISEMENT.  (a)  A board by rule may regulate solicitations or advertisements by or on behalf of bail bond sureties to protect:
(1)  the public from:
(A)  harassment;
(B)  fraud;
(C)  misrepresentation;  or
(D)  threats to public safety;  or
(2)  the safety of law enforcement officers.
(b)  A bail bond surety, an agent of a corporate surety, or an employee of the surety or agent may not make, cause to be made, or benefit from unsolicited contact:
(1)  through any means, including in person, by telephone, by electronic methods, or in writing, to solicit bonding business related to an individual with an outstanding arrest warrant that has not been executed, unless the bail bond surety or agent for a corporate surety has an existing bail bond on the individual;  or
(2)  in person or by telephone to solicit bonding business:
(A)  that occurs between the hours of 9 p.m. and 9 a.m.;  or
(B)  within 24 hours after:
(i)  the execution of an arrest warrant on the individual;  or
(ii)  an arrest without a warrant on the individual.
(c)  This section does not apply to a solicitation or unsolicited contact related to a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1262, Sec. 2, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 12, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.151. License Required

Sec. 1704.151.  LICENSE REQUIRED.  Except as provided by Section 1704.163, a person may not act as a bail bond surety or as an agent for a corporate surety in the county unless the person holds a license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 13, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.152. Eligibility

Sec. 1704.152.  ELIGIBILITY.  (a)  To be eligible for a license under this chapter, an individual, including an agent designated by a corporation in an application, must:
(1)  be a resident of this state and a citizen of the United States;
(2)  be at least 18 years of age;
(3)  possess the financial resources required to comply with Section 1704.160, unless the individual is acting only as agent for a corporation holding a license under this chapter; and
(4)  submit documentary evidence that, in the two years preceding the date a license application is filed, the individual:
(A)  has been continuously employed by a person licensed under this chapter for at least one year and for not less than 30 hours per week, excluding annual leave, and has performed duties that encompass all phases of the bonding business; and
(B)  completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are approved by the State Bar of Texas and that are offered by an accredited institution of higher education in the state.
(b)  To be eligible for a license under this chapter, a corporation must be:
(1)  chartered or admitted to do business in this state;  and
(2)  qualified to write fidelity, guaranty, and surety bonds under the Insurance Code.
(c)  Subsection (a)(4) does not apply to the issuance of an original license:
(1)  in a county before the first anniversary of the date a board is created in the county;  or
(2)  to an individual who applies to operate the bail bond business of a license holder who has died if the individual is related to the decedent within the first degree by consanguinity or is the decedent's surviving spouse.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 14, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 316 (S.B. 624), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.153. Ineligibility Because of Criminal Conviction

Sec. 1704.153.  INELIGIBILITY BECAUSE OF CRIMINAL CONVICTION.  A person is not eligible for a license under this chapter if, after August 27, 1973, the person commits and is finally convicted of a misdemeanor involving moral turpitude or a felony.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.155. Real Property List

Sec. 1704.155.  REAL PROPERTY LIST.  A list of nonexempt real property required under Section 1704.154(b)(3) must, for each parcel listed, include:
(1)  a legal description of the property that would be sufficient to convey the property by general warranty deed;
(2)  a current statement from each taxing unit authorized to impose taxes on the property showing that there is no outstanding tax lien against the property;
(3)  at the option of the applicant, either the property's:
(A)  net value according to a current appraisal made by a real estate appraiser who is a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program;  or
(B)  value according to a statement from the county from the county's most recent certified tax appraisal roll;
(4)  a statement by the applicant that, while the property remains in trust, the applicant:
(A)  agrees to pay the taxes on the property;
(B)  will not further encumber the property unless the applicant notifies the board of the applicant's intent to encumber the property and the board permits the encumbrance;  and
(C)  agrees to maintain insurance on any improvements on the property against damage or destruction in the full amount of the value claimed for the improvements;
(5)  a statement of whether the applicant is married;  and
(6)  if the applicant is married, a sworn statement from the applicant's spouse agreeing to transfer to the board, as a part of the trust, any right, title, or interest that the spouse may have in the property.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 5, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 16, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.156. Reappraisal of Real Property

Sec. 1704.156.  REAPPRAISAL OF REAL PROPERTY.  (a)  An appraisal district may not reappraise real property solely because the property owner is a license holder or an applicant for a license under this chapter.
(b)  An appraisal district is not prohibited from reappraising real property in connection with the appraisal of real property in the same general area or if the reappraisal is requested by the board, a license holder, or an applicant for a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.157. Preliminary Determinations

Sec. 1704.157.  PRELIMINARY DETERMINATIONS.  Before a hearing on an application, a board or a board's authorized representative shall determine whether the applicant:
(1)  possesses the financial resources to comply with Section 1704.160;  and
(2)  satisfies the other requirements of this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.158. Hearing on Application

Sec. 1704.158.  HEARING ON APPLICATION.  (a)  After making the determinations required by Section 1704.157, a board shall conduct a hearing on the application.
(b)  During the hearing:
(1)  the board may submit to the applicant or the applicant's agent any questions relevant to the board's decision on the application;  and
(2)  the applicant may present oral and documentary evidence.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.159. Decision on Application; Board Order

Sec. 1704.159.  DECISION ON APPLICATION;  BOARD ORDER.  (a)  After the hearing under Section 1704.158, the board shall enter an order conditionally approving the application unless the board determines that a ground exists to deny the application.  If the board determines that a ground exists to deny the application, the board shall enter an order denying the application.
(b)  An order issued under Subsection (a) conditionally approving an application becomes final on the date the applicant complies with the security requirements of Section 1704.160.
(c)  A board shall give written notice to an applicant of the board's decision on the application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 17, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.161. License Form

Sec. 1704.161.  LICENSE FORM.  (a)  Each license issued under this chapter must show on its face the license expiration date and the license number.
(b)  The same license number must appear on each subsequent renewal license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.162. License Expiration and Renewal

Sec. 1704.162.  LICENSE EXPIRATION AND RENEWAL.  (a)  A license issued or renewed under this chapter expires on the second anniversary after the date the license is issued or is to expire, as appropriate, if the license:
(1)  has been issued for less than eight consecutive years;  or
(2)  has been suspended.
(b)  To renew a license, a license holder must file with the board an application for renewal not later than the 31st day before the license expiration date.
(c)  An application for renewal must comply with the requirements for an original license application under Section 1704.154, including the $500 filing fee requirement.
(d)  A board shall approve an application for renewal if:
(1)  the applicant's current license is not suspended or revoked;
(2)  the application complies with the requirements of this chapter;  and
(3)  the board does not determine that a ground exists to deny the application.
(e)  A person who applies to renew a license that has been held by the person for at least eight consecutive years without having been suspended or revoked under this chapter and who complies with the requirements of this chapter may renew the license for a period of 36 months from the date of expiration if the board:
(1)  knows of no legal reason why the license should not be renewed;  and
(2)  determines that the applicant has submitted an annual financial report to each county bail bond board before the anniversary date of the issuance of the applicant's license.
(f)  A license renewed under Subsection (e) may be renewed subsequently each 36 months in a similar manner.
(g)  The board may disapprove an application only by entering an order.
(h)  Notwithstanding the expiration date of a license issued under this chapter, if a board to which Section 1704.055(c) applies tables a license holder's application for renewal or otherwise does not take action to approve or deny the application, the applicant's current license continues in effect until the next meeting of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.505(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 19, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1011 (H.B. 885), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter D. Licensing Requirements › Section 1704.163. Attorney Exemption

Sec. 1704.163.  ATTORNEY EXEMPTION.  (a)  Except as provided by this section, a person not licensed under this chapter may execute a bail bond or act as a surety for another person in any county in this state if the person:
(1)  is licensed to practice law in this state; and
(2)  at the time the bond is executed or the person acts as a surety, files a notice of appearance as counsel of record in the criminal case for which the bond was executed or surety provided or submits proof that the person has previously filed with the court in which the criminal case is pending the notice of appearance as counsel of record.
(b)  A person executing a bail bond or acting as a surety under this section may not engage in conduct involved with that practice that would subject a bail bond surety to license suspension or revocation.  If the board determines that a person has violated this subsection, the board may suspend or revoke the person's authorization to post a bond under this section or may bar the person from executing a bail bond or acting as a surety under this section until the person has remedied the violation.
(c)  A person executing a bail bond or acting as a surety under this section is not relieved of liability on the bond solely because the person is later replaced as attorney of record in the criminal case.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 316 (S.B. 624), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.201. Acceptance of License Holder Bail Bonds

Sec. 1704.201.  ACCEPTANCE OF LICENSE HOLDER BAIL BONDS.  A sheriff shall accept or approve a bail bond executed by a license holder in the county in which the license holder is licensed if:
(1)  the bond is for a county or district case;
(2)  the bond is executed in accordance with this chapter and the rules adopted by the board;  and
(3)  a bail bond is required as a condition of release of the defendant for whom the bond is executed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.202. Record Requirements

Sec. 1704.202.  RECORD REQUIREMENTS.  (a)  A license holder shall maintain:
(1)  a record of each bail bond executed by the license holder;  and
(2)  a separate set of records for each county in which the license holder is licensed.
(b)  The records required to be maintained under this section must include for each bail bond executed and enforced:
(1)  the style and number of the case and the court in which the bond is executed;
(2)  the name of the defendant released on bond;
(3)  the amount of bail set in the case;
(4)  the amount and type of security held by the license holder;  and
(5)  a statement of:
(A)  whether the security held by the license holder is:
(i)  for the payment of a bail bond fee;  or
(ii)  to assure the principal's appearance in court;  and
(B)  the conditions under which the security will be returned.
(c)  Repealed by Acts 2003, 78th Leg., ch. 942, Sec. 28.
(d)  The records required under this section shall be:
(1)  made available for inspection and copying at the board's expense on demand by the board or an authorized representative of the board;
(2)  maintained at the license holder's office location in the county;  and
(3)  maintained for not less than four years after the conclusion of the case for which the bond was given.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 20, 28, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.204. Payment of Final Judgment

Sec. 1704.204.  PAYMENT OF FINAL JUDGMENT.  (a)  A person shall pay a final judgment on a forfeiture of a bail bond executed by the person not later than the 31st day after the date of the final judgment unless a timely motion for a new trial has been filed.  If a timely motion for a new trial or a notice of appeal has been filed, the person shall:
(1)  pay the judgment not later than the 31st day after the date the motion is overruled, if the motion is overruled;  or
(2)  deposit with the court cash or a supersedeas bond in the amount of the final judgment, if an appeal is filed.
(b)  If a license holder fails to pay a final judgment as required by Subsection (a), the judgment shall be paid from the security deposited or executed by the license holder under Section 1704.160.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 942, Sec. 21, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.205. Bail Bond Settlement

Sec. 1704.205.  BAIL BOND SETTLEMENT.  Before a final judgment on a forfeiture of a bail bond:
(1)  the prosecuting attorney may recommend to the court a settlement in an amount less than the amount stated in the bond;  or
(2)  the court may, on its own motion, approve a settlement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.206. Replacement of Security

Sec. 1704.206.  REPLACEMENT OF SECURITY.  If a final judgment on a forfeiture of a bail bond is paid from the security deposited or executed by a license holder under Section 1704.160, the license holder shall deposit or execute additional security in an amount sufficient to comply with that section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.207. Surrender of Principal; Contest

Sec. 1704.207.  SURRENDER OF PRINCIPAL;  CONTEST.  (a)  A person executing a bail bond may surrender the principal for whom the bond is executed by:
(1)  if the principal is represented by an attorney, notifying the principal's attorney of the person's intention to surrender the principal in a manner provided by Rule 21a, Texas Rules of Civil Procedure;  and
(2)  filing an affidavit with the court or magistrate before which the prosecution is pending that states:
(A)  the person's intention to surrender the principal;
(B)  the court and cause number of the case;
(C)  the name of the defendant;
(D)  the offense with which the defendant is charged;
(E)  the date of the bond;
(F)  the reason for the intended surrender;  and
(G)  that notice of the person's intention to surrender the principal has been provided as required by this subsection.
(b)  If a principal is surrendered under Subsection (a) and the principal or an attorney representing the state or an accused in the case determines that a reason for the surrender was without reasonable cause, the person may contest the surrender in the court that authorized the surrender.
(c)  If the court finds that a contested surrender was without reasonable cause, the court may require the person who executed the bond to refund to the principal all or part of the fees paid for execution of the bond.  The court shall identify the fees paid to induce the person to execute the bond regardless of whether the fees are described as fees for execution of the bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 8, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 22, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.208. Bond Liability

Sec. 1704.208.  BOND LIABILITY.  (a)  A person executing a bail bond is relieved of liability on the bond on the date of disposition of the case for which the bond is executed.
(b)  For purposes of this section, disposition of a case occurs on the date the case is dismissed or the principal is acquitted or convicted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.209. Bond Discharged on Appeal

Sec. 1704.209.  BOND DISCHARGED ON APPEAL.  (a)  A bail bond shall be discharged if:
(1)  the principal appeals the case for which the bond is executed;  and
(2)  the person who executed the bond does not agree to continue during the appeal as surety.
(b)  A court may not require a person who executes a bail bond to continue as surety while the principal appeals the case for which the bond is executed unless the person agrees to continue during the appeal as surety.
(c)  This section does not prohibit a principal from obtaining an appeal bond under the Code of Criminal Procedure.
(d)  This section prevails over any provision contained in the bail bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.210. Withdrawal of Security

Sec. 1704.210.  WITHDRAWAL OF SECURITY.  (a)  A license holder may withdraw the security or a portion of the security deposited or executed under Section 1704.160, and the security shall be returned to the license holder or the license holder's heirs or assigns, if the person requesting the withdrawal is:
(1)  a license holder in good standing and the amount of the security remaining after the withdrawal is:
(A)  at least the minimum amount required by Section 1704.160; and
(B)  an amount sufficient to maintain the ratios required by Section 1704.203; or
(2)  a former license holder who has ceased to engage in the bonding business, or a former license holder's heir or assign, and the amount of the security remaining after the withdrawal is sufficient to:
(A)  pay any outstanding judgments; and
(B)  secure any unexpired obligation on a bail bond executed by the former license holder.
(b)  The board may adopt rules to limit the number of times in a year security may be returned to a license holder under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1143 (H.B. 1822), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.211. Corporate Power of Attorney

Sec. 1704.211.  CORPORATE POWER OF ATTORNEY.  (a)  A corporation shall, before executing any bail bond, file with the county clerk of the county in which the corporation intends to execute the bond a power of attorney designating an agent of the corporation authorized to execute bail bonds on behalf of the corporation.
(b)  An agent designated by a power of attorney under Subsection (a) for a corporation holding a license under this chapter must be designated by the corporation in the corporation's application for a license.
(c)  An agent designated by a power of attorney under Subsection (a) is not required under this chapter to obtain a general property and casualty agent license under Chapter 4051, Insurance Code.
(d)  A corporation may limit the authority of an agent designated under Subsection (a) by specifying the limitation in the power of attorney that is filed with the county clerk and the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.152, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.212. Effect of Default by Corporation; Notice Required

Sec. 1704.212.  EFFECT OF DEFAULT BY CORPORATION;  NOTICE REQUIRED.  (a)  A corporation may not act as a bail bond surety in a county in which the corporation is in default on five or more bail bonds.
(b)  If a corporation defaults on a bail bond, the clerk of the court in which the corporation executed the bond shall deliver a written notice of the default to:
(1)  the sheriff;
(2)  the chief of police;  or
(3)  another appropriate peace officer.
(c)  For purposes of this section:
(1)  a corporation is considered in default on a bail bond beginning on the 11th day after the date the trial court enters a final judgment on the scire facias and ending on the date the judgment is satisfied, set aside, or superseded;  and
(2)  a corporation is not considered in default on a bail bond if, pending appeal, the corporation deposits cash or a supersedeas bond in the amount of the final judgment with the court in which the bond is executed.
(d)  A deposit made under Subsection (c)(2) shall be applied to the payment of a final judgment in the case.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter E. Bonding Business › Section 1704.213. Office Location

Sec. 1704.213.  OFFICE LOCATION.  (a)  A license holder shall maintain an office in the county in which the license holder holds a license.
(b)  Not later than the seventh day after the date a license holder opens a new office or moves an office to a new location, the license holder shall notify the board of the location of the office.
Added by Acts 2001, 77th Leg., ch. 1262, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1704 - Regulation of Bail Bond Sureties › Subchapter F. Enforcement Provisions › Section 1704.251. Investigation

Sec. 1704.251.  INVESTIGATION.  (a)  A board, on its own motion, may investigate an action of or a record maintained by a license holder that relates to a complaint that the license holder has violated this chapter.
(b)  A board shall investigate an action of or a record maintained by a license holder if:
(1)  the board receives a sworn complaint providing reasonable cause to believe that a violation of this chapter has occurred;  or
(2)  a court requests an investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.