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Polk County Bail Bond Board

Rules and Regulations

Organization of the Board

A. Designation.

1. This Board shall be known as the Polk County Bail Bond Board.

2. The Office of the Board shall be located at the Polk County Courthouse, 101 West Church Street, Suite 201, Livingston, Texas, 77351.

B. Meetings.

1. This Board shall meet at least once a month and at other times at the call of the presiding officer.

2. Meetings shall be held where specified in the Notice of Meeting.

3. Meetings shall be conducted in accordance with the Open Meetings Act, Texas Government Code.

C. Duties and Selection of Officers and Members.

1. The Presiding officer shall be designated the Chairman of the Bail Bond Board and shall preside at all meetings of the Board and shall be authorized to sign all orders, resolutions and other documents issued at the direction of the Board.

2. The Vice Chairman of the Board shall act in the temporary absence of the Chairman. The Vice Chairman shall become the Chairman in the event the Chairman resigns or is removed from office before the end of the Chairman’s term.

3. The Secretary of the Board shall supervise receipt of all applications for license; shall prepare an agenda for each Board meeting; shall prepare and certify any records or transcripts of proceedings; shall maintain records and minutes of each meeting; and shall publish or post notices as required. The Secretary shall also maintain a register of eligible licensees.

4. Officers and elected members of the Board shall be elected at the Regular July Meeting each year and shall assume office on the first day of August following the election.

D. Hearings.

1. Hearing on the Application for License or for renewal of License shall be had no earlier than the next scheduled meeting of the Bail Bond Board following the meeting at which a fully completed Application or Application for Renewal is acknowledged to be received. The Applicant for an original Bail Bond Surety License or for the renewal thereof shall attend the meeting of the Board at which the Application shall be considered.

2. The Board may schedule a hearing on any matter, including any sworn complaint received against a Surety, upon the Board’s determination that hearing and resolution of the complaint shall be necessary. Upon receipt of a sworn complaint against a licensee, the Bail Bond Board shall review and may investigate the complaint. Upon a majority vote of the Bail Bond Board, the Board shall review the complaint by public hearing. Upon completion of its review, the Board shall notify the Licensee and complainant of its decision.

II.

Bond Surety License

A. Application.

1. The term, “Applicant” shall mean either an individual or corporation or other legal entity filing an Application for Bail Bond Surety License to be issued in Polk County, Texas.

2. The term, “Licensee” where used in these Rules shall mean either a licensed bail bond surety (individual or corporation) or a licensed agent of a corporate surety, licensed in Polk County, Texas.

3. A completed application for an original Bail Bond Surety License or for the renewal thereof, together with all attachments and information required to be incident thereto, and any documentary evidence presented in support of the Application, shall be made and submitted on the form prescribed by the Board and available from the Secretary of the Board.

In addition to the requirements of Chapter 1704 of the Texas Occupations Code, for any real property submitted as collateral, the Applicant must submit:

a. a certified copy of a Warranty Deed reflecting proper filing in the real property record of the County where the property is located and showing the Applicant as the grantee,

b. an Owner’s Policy of Title Insurance in the amount purported to be the value of the property as collateral for the Application, reflecting that there are no outstanding liens or encumbrances against the property other than a Deed of Trust issued in favor of the Polk County Bail Bond Board.

4. A fee of $500.00 shall be paid to the order of the Polk County Bail Bond Board for application or renewal thereof. Said fee is not refundable unless the application is withdrawn by an applicant prior to the Board’s consideration thereof.

III.

Financial Responsibility

A. Required Collateral.

1. No collateral of any kind submitted by an applicant may be changed, substituted or modified without prior written approval of the Board.

2. Real Property Submitted as Collateral: in addition to the requirements of Chapter 1704 of the Texas Occupations Code, any real property submitted as collateral must be located in the State of Texas; may not be exempt from forced sale; and must be unencumbered.

IV.

Issuance of Bonds

A. Form

All bonds shall be issued on forms approved by the Board.

B. Posting of List of Qualified Licensees; Advertising by Licensee.

1. The Board shall publish a list of qualified licensees by proper name and showing the business address and telephone number of each licensee. If desired by the licensee, one additional “night number” may also be printed. Otherwise, no additional information shall be permitted on the published list.

2. Each published list shall contain only those names of licensees then approved. The order of licensees shall be determined by lot and placed randomly at the December 2006 regular Board meeting and the initial list shall be published prior to January 1, 2007. Each month thereafter, the list shall be rotated by moving the name listed first to the last position and moving all additional names up one position. After the list has been rotated, any new licensees shall be added to the bottom of the list in the order in which their license was granted.

3. On or before the first Monday of each calendar month beginning February, 2007, the Secretary shall provide list generated at the previous monthly meeting of the Board to the Polk County Sheriff, each Chief of Police of each municipal police department and each magistrate within the County, and such lists shall then be posted at 12:00 noon on the first Monday of the calendar month.

a. in each court at the place directed by its presiding magistrate; and

b. at the Polk County Jail, at such place designated by the Sheriff as being most convenient to the area in the Jail where prisoners are examined, processed or confined; and

c. at each municipal police department at such place designated by the Chief of Police as being most convenient to the area in said premises where prisoners are examined, processed or confined.

4. Each Licensee may use and advertise only one assumed name per license. The assumed name must be on file with the Polk County Clerk in accordance with Chapter 36 of the Texas Business Code and/or with any applicable provisions of the Texas Insurance Code. The license number of each Licensee must appear in the Licensee’s advertising in yellow pages, telephone book ads, billboards, newspapers, magazines and any other distributed printed media publication. Violation of this rule may result in the suspension or revocation of the license.

Additional Rules

A. The Sheriff of Polk County, or his designee shall maintain for each license holder the total amount of the license holder’s current liability on bail bonds

B. Unless exempt as provided by V.T.C.A. Occupation Code 1704.163, effective January 1, 2007, no person may not act as a bail bond surety or an agent for a corporate surety in Polk County unless the person holds a current bail bond license issued in Polk County.

These Rules are adopted in replacement of all previously adopted at the regular monthly meeting of the Polk County Bail Bond board on November 17, 2006.

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