Sec. 1704.154. APPLICATION REQUIREMENTS. (a) To be licensed under this chapter, a person must apply for a license by filing a sworn application with the board.
(b) The application must:
(1) be in a form and contain the information prescribed by the board;
(2) state:
(A) the applicant's name, age, and address;
(B) if the applicant is a corporation, whether the applicant is:
(i) chartered or admitted to do business in this state; and
(ii) qualified to write fidelity, guaranty, and surety bonds under the Insurance Code;
(C) the name under which the bail bond business will be conducted, including a bail bond business that is conducted by an agent of a corporation;
(D) each place, including the street address and municipality, at which the business will be conducted; and
(E) the amount of cash or the cash value of a certificate of deposit or cashier's check that the applicant intends to deposit with the county treasurer if the applicant's application is approved or, if the applicant is an individual intending to execute nonexempt real property in trust to the board, the value of the real property;
(3) if the applicant is an individual, be accompanied by a list, as required by Section 1704.155, of nonexempt real property owned by the applicant that the applicant intends to execute in trust to the board if the applicant's application is approved; and
(4) be accompanied by:
(A) the applicant's complete, sworn financial statement;
(B) the applicant's declaration that the applicant will comply with this chapter and the rules adopted by the board;
(C) three letters of recommendation, each from a person who:
(i) is reputable; and
(ii) has known the applicant or, if the applicant is a corporation, the agent designated by the corporation in the application for at least three years;
(D) a $500 filing fee;
(E) a photograph of the applicant or, if the applicant is a corporation, of the agent designated by the corporation in the application;
(F) a set of fingerprints of the applicant or, if the applicant is a corporation, of the agent designated by the corporation in the application taken by a law enforcement officer designated by the board;
(G) if the applicant is or has been licensed under this chapter in another county:
(i) a list of each county in which the applicant holds a license; and
(ii) a statement by the applicant, as of the date of the application, of any final judgments that have been unpaid for more than 30 days and that arose directly or indirectly from a bail bond executed by the applicant as a surety or as an agent for a surety; and
(H) if the applicant is a corporation, a statement by the designated agent, as of the date of the application, of any final judgments that have been unpaid for more than 30 days and that arose directly or indirectly from any bond executed by the agent as a surety or as an agent for a surety.
(c) A letter of recommendation submitted under Subsection (b)(4)(C) must:
(1) state that the applicant or, if the applicant is a corporation, the agent designated by the corporation in the application has a reputation for honesty, truthfulness, fair dealing, and competency; and
(2) recommend that the board issue the license.
(d) Until payment of the final judgment, an unpaid final judgment disclosed under Subsection (b)(4)(G)(ii) or (b)(4)(H) bars licensure for the applicant unless the applicant has deposited with the court cash or a supersedeas bond in the amount of the final judgment pending:
(1) a ruling on a timely filed motion for a new trial; or
(2) an appeal.
(e) A corporation must file a separate corporate application for each agent the corporation designates in the county.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 942, Sec. 15, eff. June 20, 2003.
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