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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Sun 31 Mar 2013 08:43 
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Lots of great info in this thread...

Being from Houston (don't hold that against me Charlie)... and having a grandfather that was a Texas Deputy Sheriff back in the 40's... and a father that graduated in Veterinary Medicine... from TA&M and rode broncos to help pay his way through college.... makes me a Texan, I guess... and my DI at Paris Island told me the only things from Texas were steers and ... yep.... and... "I don't see no horns on you" :roll: anyway...

I had a skip from Virginia, several years ago... never could get a handle on the legal way to get him back.... another bondsman here in VA... went to Houston on a skip along with a Va BEA... they found the guy... put him in cuffs while his girlfriend was inside calling LE.... LE showed up... took the cuffs off the defendant and threatened to take both the VA boys into custody... told them to get out of the state... turned the defendant loose and that was that.... no recourse... they tucked tail and returned to VA.... empty handed and payed the forfeiture on the bond...

Rock and a hard place on Texas recovery.... and of course VA and most other states will not let you off the bond even if you cannot bring him back.... legally.... snatch and grab would work if you wanted to take the chance... I ... so far... have not chosen to operate that way.... to date.... 8)

Thanks for the Texas education Charlie and thanks for your continued effort within the political fields of endeavor... you make us proud.

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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Mon 01 Apr 2013 05:58 
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It would seem that Texas is trying to ensure professionalism in the industry. However my question is how and why was the law written so as to not allow an in state apprehension to be returned to the county that issued the warrant.

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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Tue 02 Apr 2013 09:22 
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This is an interesting thread. I have never personally made an arrest n Texas, yet know of a lot of agents in my area that have done so, and brought them back to Tennessee.
As for requiring BEA's to have Liability Insurance, i am all for that. I think that the additional expense may help to keep the less than serious/less than professional players out of the game who otherwise here in Tennessee can be a BEA for $240, an 8 hour class.....and thats it.

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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Tue 02 Apr 2013 09:45 
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Soooo, which insurance companies would you recommend for this coverage... I do not carry that type of coverage but have certainly thought it would be a very good coverage to have, particularly since I am now involved in the PI field... I do not do recoveries for anyone but myself but still, it is something I probably should consider.

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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Wed 03 Apr 2013 14:46 
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Joe Stiles wrote:
Thank you. It seems pretty airtight except that it does not directly address out of state bail agents. It talks only about "counties". Are you aware of any case law regarding out of state recovery agents? I'm not arguing; I'd really like to know. At this point, it appears that Texas is a no hunt state for us.


There is no distinction between in state and out of state. If you are within the state border you are subject to it statutes. It is a regulated state and Hunting is allowed under statute. If you want to hunt here you can be licensed here. It Doesn't matter where you live.

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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Wed 03 Apr 2013 14:49 
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DSI wrote:
It would seem that Texas is trying to ensure professionalism in the industry. However my question is how and why was the law written so as to not allow an in state apprehension to be returned to the county that issued the warrant.



I don't think it is an effort to NOT allow in state apprehension. It is simply that Texas adopted and complies with UCEA. Even police officer cont not transport a defendant across county lines without following this statute.

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Charlie Deckert
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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Wed 03 Apr 2013 14:52 
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bridgezz wrote:
This is an interesting thread. I have never personally made an arrest n Texas, yet know of a lot of agents in my area that have done so, and brought them back to Tennessee.
As for requiring BEA's to have Liability Insurance, i am all for that. I think that the additional expense may help to keep the less than serious/less than professional players out of the game who otherwise here in Tennessee can be a BEA for $240, an 8 hour class.....and thats it.



Do not get caught leaving the state with a defendant even if they are voluntarily riding with you. It is a state jail felony and they started tagging on aggrivated kinapping if you are using cuffs or have a weapon.

8 Hours is ridicules...just saying

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Texas Bounty Hunters - BFA/Owner

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Level IV Personal Protection Officer TXLC C11454
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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Wed 03 Apr 2013 14:56 
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speezack wrote:
Soooo, which insurance companies would you recommend for this coverage... I do not carry that type of coverage but have certainly thought it would be a very good coverage to have, particularly since I am now involved in the PI field... I do not do recoveries for anyone but myself but still, it is something I probably should consider.



Bill,

I use Prime Insurance out of Sandy Utah. They only cover the apprehension part not the everyday PI stuff, that's a separate policy. I only carry insurance because they make me. I think I said it before, the only reason someone would want to sue you is because you have an insurance policy. No body wants to sue just me, unless they want half my bills cause I aint got much..LOL

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Texas Bounty Hunters - BFA/Owner

Sentry Security & Investigations L.P. - Vice President
Curently Licensed in Texas as;
Private Investigator TXLC A16879
Level III Commissioned Security Officer TXLC C11454
Level IV Personal Protection Officer TXLC C11454
Texas Issued Concealed Handgun License


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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Wed 03 Apr 2013 15:07 
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So it would appear that for all intents and purposes, Texas is a no hunt state for misdemeanors for out of state bail agents, or am I not just understanding? Can a misdemeanor arrest be effected in Texas and after taking the arrestee before a magistrate and after the demanding state refuses to extradite, can the bail agent return the defendant against their will to the original state? The state of Tennessee has also adopted the UCEA but, as of now, it does not apply to bail arrests. As a matter of fact, Tennessee peripherally addresses the issue of out of state bail agents and hunters in a favorable way. I would be interested in finding out how other states view bail arrests and transporting prisoners against their will out of state without benefit of extradition, especially as it relates to misdemeanors???

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 Post subject: Re: TEXAS LEGISLATION UPDATE
 Post Posted: Wed 03 Apr 2013 22:59 
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At the risk of sounding stupid, I'm going to ask this question just to make sure that I'm understanding things clearly. I prefer to absolutely certain about things than to make assumptions, so here it goes...

Correct me if I'm wrong, but I'm assuming by reading this thread that it would also be unlawful to transport a wayward bail client through the Great State of Texas who was apprehended in another state on one side of Texas and headed to a different state on the other side of Texas. For example, if a bail apprehension was made in California and the wayward bail client needed to be transported to Tennessee to be surrendered. It would seem to me that in order to remain within the confines of the law in an effort to avoid being arrested and charged with a criminal offense, a bail agent or a recovery agent would need to travel around the State of Texas when they are transporting a wayward bail client in this type of situation.

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