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From the 2005 Regular Session of the Texas Legislature

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	H.B. No. 2767



AN ACT



relating to the release of a criminal defendant
in certain cases and the eligibility of and citation
to certain individuals who act as sureties on bail
bonds.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Article 17.10, Code of Criminal
Procedure, is amended to read as follows:


Art. 17.10.  DISQUALIFIED SURETIES.  (a)
 A minor may not cannot be
surety on a bail bond, but the accused party may sign
as principal.


(b)  A person, for compensation, may
not be a surety on a bail bond written in a county
in which a county bail bond board regulated under Chapter
1704, Occupations Code, does not exist unless the person,
within two years before the bail bond is given, completed
in person at least eight hours of continuing legal
education in criminal law courses or bail bond law
courses that are:


(1)  approved by the State Bar of Texas;
and


(2)  offered by an accredited institution
of higher education in this state.


SECTION 2.  Chapter 17, Code of Criminal
Procedure, is amended by adding Article 17.141 to read
as follows:


Art. 17.141.  ELIGIBLE BAIL BOND SURETIES
IN CERTAIN COUNTIES. In a county in which a county
bail bond board regulated under Chapter 1704, Occupations
Code, does not exist, the sheriff may post a list of
eligible bail bond sureties whose security has been
determined to be sufficient.  Each surety listed under
this article must file annually a sworn financial statement
with the sheriff.


SECTION 3.  Article 22.03, Code of Criminal
Procedure, is amended to read as follows:


Art. 22.03.  CITATION TO SURETIES.  (a)
 Upon entry of judgment, a citation shall issue forthwith
notifying the sureties of the defendant, if any, that
the bond has been forfeited, and requiring them to
appear and show cause why the judgment of forfeiture
should not be made final.


(b)  A citation to a surety who is an
individual shall be served to the individual at the
address shown on the face of the bond.


(c)  A citation to a surety that is
a corporation or other entity shall be served to the
attorney designated for service of process by the corporation
or entity under Chapter 804, Insurance Code.


(d)  By filing the waiver or designation
in writing with the clerk of the court, a surety may
waive service of citation or may designate a person
other than the surety or the surety's attorney to receive
service of citation under this article.  The waiver
or designation is effective until a written revocation
is filed with the clerk.


SECTION 4.  Article 22.04, Code of Criminal
Procedure, is amended to read as follows:


Art. 22.04.  REQUISITES OF CITATION.  A
citation shall be sufficient if it be in the form provided
for citations in civil cases in such court; provided,
however, that a copy of the judgment of forfeiture
entered by the court, a copy of the forfeited bond,
and a copy of any power of attorney attached to the
forfeited bond shall be attached to the citation
and the citation shall notify the parties cited to
appear and show cause why the judgment of forfeiture
should not be made final.


SECTION 5.  Article 22.05, Code of Criminal
Procedure, is amended to read as follows:


Art. 22.05.  CITATION AS IN CIVIL ACTIONS.
 If service of citation is not waived under Article
22.03, a surety is Sureties shall be
entitled to notice by service of citation, the length
of time and in the manner required in civil actions;
and the officer executing the citation shall return
the same as in civil actions.  It shall not be necessary
to give notice to the defendant unless he has furnished
his address on the bond, in which event notice to the
defendant shall be deposited in the United States mail
directed to the defendant at the address shown on the
bond.


SECTION 6.  Article 32.01, Code of Criminal
Procedure, is amended to read as follows:


Art. 32.01.  DEFENDANT IN CUSTODY AND NO
INDICTMENT PRESENTED.  When a defendant has been detained
in custody or held to bail for his appearance to answer
any criminal accusation before the district
court, the prosecution, unless otherwise
ordered by the court, for good cause shown, supported
by affidavit, shall be dismissed and the bail discharged,
if indictment or information be not presented against
such defendant on or before the last day of the next
term of the court which is held after his commitment
or admission to bail or on or before the 180th day
after the date of commitment or admission to bail,
whichever date is later.


SECTION 7.  The changes in law made by this
Act in amending Articles 22.03, 22.04, and 22.05, Code
of Criminal Procedure, apply only to a citation of
forfeiture issued on or after the effective date of
this Act.  A citation of forfeiture issued before the
effective date of this Act is governed by the law in
effect on the date the citation of forfeiture is issued,
and the former law is continued in effect for that
purpose.


SECTION 8.  This Act takes effect September
1, 2005.




______________________________	______________________________


   President of the Senate	Speaker of the
House      


I certify that H.B. No. 2767 was passed
by the House on May 4, 2005, by a non-record vote;
and that the House concurred in Senate amendments to
H.B. No. 2767 on May 27, 2005, by a non-record vote.



______________________________




Chief Clerk of the
House   



I certify that H.B. No. 2767 was passed
by the Senate, with amendments, on May 25, 2005, by
the following vote:  Yeas 31, Nays 0.



______________________________




Secretary of the Senate
  



APPROVED: __________________


                 Date       


          __________________


               Governor