Bill Text: TX HB1562 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: Relating to notice provided when a bail bond surety is in default.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1562 Detail]

Download: Texas-2013-HB1562-Enrolled.html
 
 
  H.B. No. 1562
 
 
 
 
AN ACT
  relating to notice provided when a bail bond surety is in default.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.11, Code of Criminal Procedure, is
  amended by amending Section 2 and adding Section 3 to read as
  follows:
         Sec. 2.  Provided, however, any person who has signed as a
  surety on a bail bond and is in default thereon shall thereafter be
  disqualified to sign as a surety so long as the person [he] is in
  default on the [said] bond. It shall be the duty of the clerk of the
  court where the [wherein such] surety is in default on a bail
  bond[,] to notify in writing the sheriff, chief of police, or other
  peace officer[,] of the [such] default.  If a bail bond is taken for
  an offense other than a Class C misdemeanor, the clerk of the court
  where the surety is in default on the bond shall send notice of the
  default by certified mail to the last known address of the surety.
         Sec. 3.  A surety is considered to be [shall be deemed] in
  default from the time execution may be issued on a final judgment in
  a bond forfeiture proceeding under the Texas Rules of Civil
  Procedure, unless the final judgment is superseded by the posting
  of a supersedeas bond.
         SECTION 2.  The change in law made by this Act to Article
  17.11, Code of Criminal Procedure, applies only to a bail bond that
  is executed on or after the effective date of this Act. A bail bond
  executed before the effective date of this Act is governed by the
  law in effect when the bail bond was executed, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1562 was passed by the House on May 4,
  2013, by the following vote:  Yeas 136, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1562 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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