Title OC, Occupations Code

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 matter…

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 …

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, 1…

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 office…

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. SUBCHAPTER C. BOARD POWERS AND DUTIES

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…

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 rul…

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 b…

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.…

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 …

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 r…

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 …

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 saf…

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…

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…

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…

Sec. 1704.154. APPLICATION REQUIREMENTS. (a) To be licensed under this chapter, a person must apply for a license by filing a sworn application with the board. (b) The application must: (1) be in a form and contain the information prescribed by the board; (2) state: (A) the appli…

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 statem…

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 prope…

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 …

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 bo…

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 groun…

Sec. 1704.160. SECURITY REQUIREMENTS. (a) On receipt of notice under Section 1704.159 that an application has been conditionally approved, the applicant, not later than the 90th day after the date of receipt of the notice, must: (1) if the applicant is an individual: (A) subject …

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.

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 …

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 t…

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 …

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 …

Sec. 1704.203. BAIL BOND LIMIT; ADDITIONAL SECURITY. (a) Except as provided by Subsection (d), a license holder who holds a license originally issued before September 1, 1999, may not execute, and a person may not accept from the license holder, a bail bond that, in the aggregate…

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…

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. A…

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…

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 princ…

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 pr…

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 pers…

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 reques…

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 bai…

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 c…

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 …

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 b…

Sec. 1704.252. DISCRETIONARY LICENSE SUSPENSION OR REVOCATION: GROUNDS. After notice and hearing, a board may revoke or suspend a license if the license holder: (1) violates this chapter or a rule adopted by the board under this chapter; (2) fraudulently obtains a license under t…

Sec. 1704.253. MANDATORY LICENSE SUSPENSION OR REVOCATION: GROUNDS. (a) A board shall immediately suspend a license if the license holder fails to maintain the amount of security required by Section 1704.160. A board is not required to provide notice or a hearing before suspendin…

Sec. 1704.2535. FAILURE TO PAY FINAL JUDGMENT BY BAIL BOND SURETY. (a) The board or its authorized representative shall immediately notify the sheriff if a bail bond surety fails to pay a final judgment of forfeiture as provided by Section 1704.204(a). (b) After receiving notific…

Sec. 1704.254. NOTICE AND HEARING. (a) Notice of a hearing to suspend or revoke a license under this chapter must: (1) be sent by certified mail to the last known address of the license holder not later than the 11th day before the date of the hearing; (2) state each alleged viol…

Sec. 1704.255. APPEAL; VENUE. (a) An applicant or a license holder may appeal an order of a board denying an application for a license or renewal of a license, or suspending or revoking a license, by filing a petition in a district court in the county not later than the 30th day …

Sec. 1704.256. STANDARD OF JUDICIAL REVIEW. Judicial review of an appeal filed under Section 1704.255 is by trial de novo in the same manner as an appeal from a justice court to a county court. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.