Sheriffs Office: Bond Forfeitures

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Bail Bond Board Rules & Regulations

Bond Forfeitures


19(a)  FAILURE TO PAY FINAL BOND FORFEITURES IN TARRANT COUNTY  A bondsman (or attorney making bonds pursuant to Texas Occupations Code §1704.163) must satisfy all requirements of Texas Occupations Code §1704.204.  Such a bail bond surety will have bond posting privileges suspended pursuant to Texas Occupations Code §1704.2535 upon notification to the Sheriff’s Office from the District Clerk, County Clerk, or District Attorney’s Office, as an authorized representative of the bail bond board, that the person has failed to pay a bond forfeiture judgment not later than the 31st day after final judgment in the trial court, deposit cash in the amount of a judgment while the judgment is on appeal, or file a supersedeas bond in the amount of a bond forfeiture judgment which is on appeal. 
 
As used in this rule, “final judgment in the trial court” means a judgment pursuant to Texas Code of Criminal Procedure art. 22.14 which is no longer subject to a pending or potential motion for new trial. 
 
Whenever a bondsman or attorney’s bond posting privileges have been suspended pursuant to §1704.2535 for thirty straight days, the Secretary of the Board shall generate a complaint before the Board so that the Board may consider whether to take disciplinary action against the bondsman or attorney. 
 
(b) FAILURE TO PAY FINAL BOND FORFEITURES IN OTHER TEXAS COUNTIES  The Tarrant County Bail Bond Board will suspend bond posting privileges of a bondsman (or attorney making bonds pursuant to Texas Occupations Code §1704.263) pursuant to Texas Occupations Code §1704.2535 upon notification from a bail bond board or Sheriff of another Texas county that the bondsman or attorney has failed to pay a final bond forfeiture judgment in the other Texas county as required by Texas Occupations Code §1704.204. 
 
Such suspension shall occur only after the matter has been placed upon the agenda of the Tarrant County Bail Bond Board, and after the bondsman or attorney has been given notice of possible suspension and an opportunity to be heard on the matter at a meeting of the Tarrant County Bail Bond Board.
 
If the Tarrant County Bail Bond Board finds that the bondsman or attorney has failed to pay a final bond forfeiture judgment in the other Texas County as required by Texas Occupations Code §1704.204, it shall suspend the bondsman or attorney’s privilege to post bonds in Tarrant County until such time that the bondsman or attorney has complied with §1704.204 in the affected Texas county.
 
(c) RE-ARREST COSTS AND EXPENSES  A bail bond surety (whether bondsman or attorney) must pay all reasonable and necessary expenses incurred by any peace officers in re-arresting his or her clients in the event that the clients fail to appear before a court or magistrate as specified in their bail bonds. 
 
When a surety receives a bill for such re-arrest costs from any sheriff or peace officer, such bill must be paid within thirty days of the date indicated on the letter unless the surety provides proof to the Tarrant County Sheriff that he or she is contesting the expenses in court or that a bail bond forfeiture case in connection with the expenses has not yet been finally adjudicated. 
 
In the event that there has been no final adjudication of a bail bond forfeiture case in connection with the expenses, or in the event that the expenses are otherwise contested in court, the surety must pay any such expenses approved by the court within thirty days of a final adjudication concerning the expenses. 
 
If a surety fails to pay re-arrest expenses in accordance with this rule, he or she will have bond posting privileges suspended in accordance with Texas Occupations Code §1704.2535 by the Tarrant County Sheriff until such time as payments are current in compliance with this rule.   
20.  A surety must pay all reasonable and necessary expenses incurred by any peace officers in re-arresting his or her clients in the event that the clients fail to appear before a court or magistrate as specified in their bail bonds. 
 
When a surety receives a bill for such re-arrest costs from any sheriff or peace officer, such bill must be paid within thirty days of the date indicated on the letter unless the surety provides proof to the Tarrant County Sheriff that he or she is contesting the expenses in court or that a bail bond forfeiture case in connection with the expenses has not yet been finally adjudicated. 
 
In the event that there has been no final adjudication of a bail bond forfeiture case in connection with the expenses, or in the event that the expenses are otherwise contested in court, the surety must pay any such expenses approved by the court within thirty days of a final adjudication concerning the expenses.
 
If a surety fails to pay re-arrest expenses in accordance with this rule, he or she will be suspended from the active bond list by the Tarrant County Sheriff until such time as payments are current in compliance with this rule.
 
 




Content Last Modified on 3/20/2012 12:47:35 PM



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Tarrant County Sheriffs Office
200 Taylor, Fort Worth, TX 76102
(817) 884-3099

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