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Texas Legislation

We continue to get E-mails and phone calls from Bail Enforcement and Bail Bondsman alike wanting to know just what the current laws are regulating who CAN and CANNOT re-arrest a principle on a bond forfeiture warrant (Alias Capias). 

As of September 1, 1999, it became a State Jail Felony to contract with a bail bondsman to re-arrest said principle unless you are a TX Peace Officer, Licensed Private Investigator or Commissioned Security Guard.  There is very little gray area.  Several county courts have already convicted individuals as a result.

Of significant importance to Bail Bond Professionals is the clause that specifically prohibits contracting with unlicensed individuals.  It is punishable by a Class A Misdemeanor, which obviously could result in the loss of bonding privileges.

The following information is provided to you from the current version (09/01/2001) of the Texas Occupational Code, Chapter 1702, for greater clarification:

Sec. 1702.386. UNAUTHORIZED EMPLOYMENT; OFFENSE.
(a) A person commits an offense if the person contracts with or employs a person who is required to hold a license, registration, certificate, or commission under this chapter knowing that the person does not hold the required license, registration, certificate, or commission or who otherwise, at the time of contract or employment, is in violation of this chapter.
(b) An offense under Subsection (a) is a Class A misdemeanor.

 

Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY; OFFENSE.
(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10,
Penal Code, unless the person is:
(1) a peace officer;
(2) an individual licensed as a private investigator or the manager or a licensed investigations company; or
(3) a commissioned security officer employed by a licensed guard company.
(b) An offense under Subsection (a) is a state jail felony.

 

Sec. 1702.3867. EXECUTION OF CAPIAS OR ARREST WARRANT; OFFENSE.
(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:
(1) enter a residence without the consent of the occupants;
(2) execute the capias or warrant without written authorization from the surety;
(3) wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
(4) notwithstanding Section 9.51, Penal Code, use deadly force.
(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:
(1) if the arrest is made in the county in which the capias or warrant was issued:
(A) the county jail for that county if:
(i) the offense is a Class A or Class B misdemeanor or a felony; or
(ii) the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or
(B) the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
(2) if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony.

This particular law went into effect in Texas on September 1, 1999 and was originally amended into the Private Security Act, Article 4413(29bb) V.A.C.S.  The Private Security Act was then dissolved August 31, 2001 and inserted into the Texas Occupational Code, Chapter 1702 effective September 1, 2001. 

I cut this information from the Texas Department of Public Safety, Private Security Bureau (formerly the Commission on Private Security) website:

http://www.txdps.state.tx.us/psb/

Then click through the "Regulations and Penal Codes" link.  Specifically, the information can be found on page 39 at this address:

http://tlo2.tlc.state.tx.us/statutes/docs/OC/content/pdf/oc.010.00.001702.00.pdf

I hope that this clarifies any questions you may have, if you would like further assistance, please do not hesitate to call!  

(214) 481-0871

 

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