APPLICATION FOR BAIL BOND LICENSE (Corporate Surety) [1] CORPORATE INFORMATION Corporate Name: Address:
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1 APPLICATION FOR BAIL BOND LICENSE (Corporate Surety) [1] CORPORATE INFORMATION Corporate Name: Address: Telephone Number: ( ) Fax Number: ( ) Address: Contact Person: State of Incorporation: [2] AUTHORITY Identify whether the Applicant is (A) Chartered or admitted to do business in this State; and (B) qualified and licensed to write Fidelity, guaranty and surety bonds under the Texas Insurance Code. Attach a copy of the Applicant s Certificate of Authority to do business issued by the State Department of Insurance in accordance with Article 8.20, Insurance Code (V.A.T.S.), or any amendments or successors thereof. [3] OTHER LICENSES [a] Please identify all other Texas counties in which Applicant has acted as a bail bond surety: (attach additional pages if necessary) Also identify the name that you operate under in each such county. 1
2 [b] Do you have any unpaid final judgments of forfeiture in any Texas county? If so, please list: Do you certify that the above information is correct? [4] PROPOSED LOCAL OPERATIONS [a] [b] [c] [d] Please identify the name under which your local bonding business is to be conducted: Please identify the corporate agent who you propose to conduct your local business: Name: Address: Telephone Number: ( ) Fax Number: ( ) Address: Soc. Sec. No.: Texas Drivers License No.: Date of Birth: By execution of this Application with the Corporate Surety Applicant, the proposed corporate agent certifies that: [i] The agent is at least 18 years of age; [ii] The agent is a citizen of the State of Texas; and [iii] The agent is a citizen of the United States. Does the agent have a final conviction for a felony or a misdemeanor involving moral turpitude? If Yes, please explain: 2
3 [e] [f] [g] [h] Does the agent have any unpaid final judgments of forfeiture on any bond executed by the agent, individually or as an agent for a corporate surety, in any Texas county? If Yes, please identify each such judgment: By executing this Application along with the corporate surety, the agent certifies that the above information is correct. To be eligible, the proposed agent must provide proof that: The agent has, in the two years preceding the date the license application is filed: [i] been continuously employed by a person licensed under Chapter 1704 of the Occupations Code for at least one year and for not less than 30 hours per week, excluding annual leave, and had performed duties encompassing all phases of the bonding business; and [ii] completed at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are approved by the State Bar of Texas and that are offered by an institution of higher education accredited by the State. Does the agent meet these requirements? Explain: Experience Education Attach proof that such eligibility requirements are met for the agent. Please provide a photograph of the agent as an attachment hereto. Please provide a set of fingerprints for the agent taken by the McLennan County Sheriff s Office or the Texas Department of Public Safety as an attachment hereto. 3
4 [i] [j] [5] SECURITY Please provide letters of recommendation from three reputable persons who have known the agent for a period of at least three years. Each letter must recommend the agent as having a reputation of honesty, truthfulness, fair dealing, and competency and must recommend that the license be granted. Please provide the letters as an attachment hereto. An example of the Recommendation Letter is attached, as well as the statute. To receive a license, you must maintain an office within McLennan County. Please identify the address of your local office: Pursuant to Chapter 1704 of the Occupations Code, a corporate surety must deposit with the County Treasurer a cashier s check, certificate of deposit or cash in the amount of 50,000. How do you intend to meet this requirement? [6] How many judgments nisi have been filed with regard to bail bonds on which you are surety (in all Texas counties)? Provide the following information on each: COUNTY CAUSE # DEFENDANT'S NAME DATE OF JUDGMENT TOTAL AMOUNT OF BOND 4
5 [7] Do you have any outstanding final judgments in any Texas county against you on any bond obligation? (The term Final Judgment means a judgment, other than a judgment nisi, which is final in accordance with the Code of Criminal Procedure.) Yes No If Yes, provide the following information on each: COUNTY CAUSE # DATE OF JUDGMENT TOTAL AMOUNT OF JUDGMENT [8] Have you ever been denied a bail bond license in another Texas county? Yes No If Yes, please explain: [9] Have you ever had a bail bond license suspended or revoked in another Texas county? Yes No If Yes, please explain: [10] Please provide as an attachment a corporate resolution or other acceptable proof that the undersigned is authorized to make this Application on behalf of the Corporate Surety. 5
6 I HEREBY DECLARE THAT I WILL COMPLY WITH CHAPTER 1704 OF THE TEXAS OCCUPATIONS CODE AND ALL AMENDMENTS THERETO (GOVERNING THE LICENSE AND REGULATION OF BAIL BONDSMEN) AND THE RULES PRESCRIBED BY THE MCLENNAN COUNTY BAIL BOND BOARD. THE AFFIANT MAKES THIS INSTRUMENT FOR THE PURPOSE OF INDUCING THE ACCEPTANCE AND APPROVAL OF THIS APPLICATION TO OBTAIN A LICENSE TO ACT AS A BAIL BONDSMAN IN MCLENNAN COUNTY, TEXAS. I WELL KNOW AND BELIEVE THAT THE MAKING OF THIS APPLICATION WILL INDUCE THE MCLENNAN COUNTY BAIL BOND TO ACCEPT AND APPROVE SAME, AND THAT ALL STATEMENTS HEREIN CONTAINED ARE TRUE. APPLICANT SUBSCRIBED AND SWORN TO before me this the 20, by Affiant. day of, WITNESS MY SIGNATURE AND SEAL OF OFFICE this the, 20. day of NOTARY PUBLIC, in and for the State of, County My Commission Expires: 6
7 AGENT SUBSCRIBED AND SWORN TO before me this the 20, by Affiant. day of, WITNESS MY SIGNATURE AND SEAL OF OFFICE this the, 20. day of NOTARY PUBLIC, in and for the State of, County My Commission Expires: 7
8 REQUIRED ATTACHMENTS 1. Proof that corporation is licensed to write fidelity, guaranty and surety bonds under the Texas Insurance Code/Certificate of Authority. 2. Experience and Education documentation for agent. 3. Agent photograph. 4. Agent fingerprints. 5. Letters of Recommendation. Please the example and statute at the end of this application. 6. Corporate Resolution or other proof of authority to execute application on behalf of the corporation. 8
9 Date: To the McLennan County Bail Bond Board: I have known for years (must be at least 3 years) and I know to have a reputation for honesty, truthfulness, fair dealing, and competency. I recommend that the board issue a bail bond license to. (Signature) (Printed Name)
10 Application Requirements, TX OCC V.T.C.A., Occupations Code Application Requirements Effective: June 20, 2003 Currentness (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;. (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;
11 Application Requirements, TX OCC (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.. Credits Acts 1999, 76th Leg., ch. 388, 1, eff. Sept. 1, Amended by Acts 2001, 77th Leg., ch. 1262, 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 942, 15, eff. June 20, Editors Notes REVISOR S NOTE 2012 Main Volume (1) Section 6(a)(1), V.A.C.S. Article 2372p-3, refers to the Texas Insurance Code, as amended. The revised law omits the reference to the law as amended for the reason stated in Revisor s Note (1) under Section (2) Section 6(a)(3), V.A.C.S. Article 2372p-3, refers to a city. The revised law substitutes municipality for the reason stated in the revisor s note under Section (3) Section 6(c), V.A.C.S. Article 2372p-3, requires that an application for a license be accompanied by a photograph and a set of fingerprints of the applicant. The revised law adds the requirement that, if the applicant is a corporation, the application must be accompanied by a photograph and fingerprints of the person who will be in charge of the applicant s business in the county. This requirement is added to make this application requirement consistent with other application requirements that apply to individuals and corporations. Notes of Decisions (9) V. T. C. A., Occupations Code , TX OCC Current through the end of the 2015 Regular Session of the 84th Legislature
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