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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic filing of bail bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.026, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.026. ELECTRONIC FILING OF BAIL BOND. (a) Except as |
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otherwise provided by this article, in [In] any manner permitted by |
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the county in which the bond is written, a bail bond may be filed |
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electronically with the court, judge, magistrate, or other officer |
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taking the bond. |
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(b) Subject to the implementation of a statewide system for |
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the electronic filing of bail bonds, if a county permits the |
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electronic filing of bail bonds: |
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(1) the commissioners court of the county shall adopt |
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security standards to prevent the filing of fraudulent electronic |
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bail bonds; and |
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(2) the county may establish a system for the |
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electronic filing of bail bonds that: |
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(A) requires each surety to use a digital |
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signature for the bond and any applicable attached power of |
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attorney; |
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(B) assigns user names and passwords for each |
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surety's office and holds the surety responsible for each bond |
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electronically submitted to the county under the user name and |
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password assigned to the office; or |
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(C) allows a corporate surety to file the power |
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of attorney required by Article 17.07 of this code or Section |
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1704.211, Occupations Code, through the implementation of a digital |
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power of attorney system in which a power of attorney containing a |
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serial number is attached to the bond through a third-party |
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Internet website. |
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(c) An individual acting on the individual's own behalf or |
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on behalf of a corporate surety may not file an electronic bail bond |
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unless the individual and any surety on the bond are: |
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(1) otherwise authorized to file bail bonds in the |
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appropriate jurisdiction; and |
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(2) in compliance with Section 1704.213, Occupations |
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Code, and with the other provisions of Chapter 1704, if the |
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electronic bail bond is filed in a county governed by that chapter. |
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(d) The provisions of this chapter, Chapter 22 of this code, |
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and Chapter 1704, Occupations Code, that do not conflict with this |
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article apply to bail bonds filed electronically. |
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SECTION 2. This Act takes effect September 1, 2017. |