The REAL POLICE FORUM is a leading community of police officers and law enforcement professionals. The forum includes police chat and restricted areas for police officers only. The ask-a-cop area allows you to ask questions to real police officers and only verified police are allowed to respond. REALPOLICE.com also features law enforcement jobs, news, training materials and expert articles.txinvestigator1
03-16-09, 11:19 AM
So you want to be a Bounty Hunter/Bail Enforcement Agent in Texas?
There are several laws you need to be aware of to avoid finding yourself in jail. Bail Enforcement in Texas is regulated, and the agency in charge of that regulation is none other than the Texas Department of Public Safety, or State LE agancy. The Private Security Bureau of DPS is the responsible division.
Here are some of the laws you should know;
Texas Occupations Code
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 of 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.
Texas Penal Code
Sec. 38.10. BAIL JUMPING AND FAILURE TO APPEAR. (a) A person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance with the terms of his release.
Texas Occupations Code
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:
enter a residence without the consent of the occupants;
execute the capias or warrant without written authorization from the surety;
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
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:
if the arrest is made in the county in which the capias or warrant was issued:
the county jail for that county if:
the offense is a Class A or Class B misdemeanor or a felony; or
the offense is a Class C misdemeanor and the capias or warrant was
issued by a magistrate of that county; or
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
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.
424.09 UNIFORM REQUIREMENTS
This portion is a limited display of this rule;
...D. No license shall display a badge, shoulder patch, logo or any other identification which contains
the words “Law Enforcement” and/or similar word (s) including, but not limited to: agent,
enforcement agent, detective, task force, fugitive recovery agent or any other combination of
names which gives the impression that the bearer is in any way connected with the Federal
government, State government or any political subdivision of a State government.
Sec. 1702.365. ABDUCTION OF CHILD.
The commission shall revoke a person's license, registration, or security officer commission or deny a person's application for, or renewal of, a license, registration, or security officer commission on proof that the person or an agent of the person has, after the date of application for a license, registration, or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who:
has custody or physical possession of the child under a court order; or
is exercising the care and control with the consent of a person who has custody or physical possession of the child under a court order.
Sec. 1702.388. VIOLATION OF CHAPTER; OFFENSE.
(a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed.
(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, registration, certificate, or commission that the person is required to hold under this chapter.
To learn more:
http://www.statutes.legis.state.tx.us/SOTWDocs/OC/htm/OC.1702.htm
http://www.statutes.legis.state.tx.us/SOTWDocs/OC/htm/OC.1704.htm
There are several laws you need to be aware of to avoid finding yourself in jail. Bail Enforcement in Texas is regulated, and the agency in charge of that regulation is none other than the Texas Department of Public Safety, or State LE agancy. The Private Security Bureau of DPS is the responsible division.
Here are some of the laws you should know;
Texas Occupations Code
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 of 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.
Texas Penal Code
Sec. 38.10. BAIL JUMPING AND FAILURE TO APPEAR. (a) A person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance with the terms of his release.
Texas Occupations Code
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:
enter a residence without the consent of the occupants;
execute the capias or warrant without written authorization from the surety;
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
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:
if the arrest is made in the county in which the capias or warrant was issued:
the county jail for that county if:
the offense is a Class A or Class B misdemeanor or a felony; or
the offense is a Class C misdemeanor and the capias or warrant was
issued by a magistrate of that county; or
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
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.
424.09 UNIFORM REQUIREMENTS
This portion is a limited display of this rule;
...D. No license shall display a badge, shoulder patch, logo or any other identification which contains
the words “Law Enforcement” and/or similar word (s) including, but not limited to: agent,
enforcement agent, detective, task force, fugitive recovery agent or any other combination of
names which gives the impression that the bearer is in any way connected with the Federal
government, State government or any political subdivision of a State government.
Sec. 1702.365. ABDUCTION OF CHILD.
The commission shall revoke a person's license, registration, or security officer commission or deny a person's application for, or renewal of, a license, registration, or security officer commission on proof that the person or an agent of the person has, after the date of application for a license, registration, or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who:
has custody or physical possession of the child under a court order; or
is exercising the care and control with the consent of a person who has custody or physical possession of the child under a court order.
Sec. 1702.388. VIOLATION OF CHAPTER; OFFENSE.
(a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed.
(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, registration, certificate, or commission that the person is required to hold under this chapter.
To learn more:
http://www.statutes.legis.state.tx.us/SOTWDocs/OC/htm/OC.1702.htm
http://www.statutes.legis.state.tx.us/SOTWDocs/OC/htm/OC.1704.htm