Bounty Hunting Explained
To understand if bounty hunting is legal in Texas, we must first understand the practice of bounty hunting. A bounty hunter is a person who pursues and captures fugitives for a fee—a bounty. After a suspect has been charged with a crime (and often after a judge has issued an arrest warrant), the bond that the person signs to secure their release pending trial is set at a specific amount. A defendant’s agreement to pay that amount of money if they fail to appear in court is secured by a surety bond company, or bail bondsman. If a defendant fails to appear in court, the surety company is on the hook for the money, which means that it will pursue the defendant and seek reimbursement. In many cases, the surety company retains the services of a bounty hunter to apprehend the alleged fugitive.
The use of bounty hunters can be traced back to the English Statute of Hue and Cry, which required a person who had been the victim of a crime to pursue the perpetrator. In those days of yore , an accused fugitive would be chased until he or she was either brought back alive or was dead. The practice continued in the United States as various states adopted their own laws regarding the pursuit of fugitives. These laws often conflicted. Eventually, in 1872, Congress enacted the first federal Fugitive Felon Law. This law required the states to "deliver to a person who is a fugitive from justice" upon request of a governor of another state. This law was riddled with loopholes, however, as a fugitive could simply move to another state if he or she was wanted in another. The Supreme Court ruled in Kentucky v. Dennison, 65 U.S. 66 (1860) that states had no constitutional obligation to abide by these requests. The complete absence of a federal statute to address the need to deliver fugitives to other states would last until 1985, when Congress passed the Fugitive Act.
Today, bounty hunters are regulated in all fifty states and the District of Columbia. The majority of states require bounty hunters to pass a written exam and obtain a license before they may legally operate. Wisconsin, Michigan, South Carolina, and Colorado are among the handful of states that do not.
Texas Bounty Hunting Laws
The big issue here remains the fact that Texas (along with some other states) make no distinction between a bail bondsman and a bounty hunter, even though two really are very different. In many other states there is no shortage of bounty hunters taking on the role of bounty hunter and some of them can make a nice living at it, but not in Texas.
If caught pursuing what many would think is the quite laudable goal of hunting down those who violate the conditions of their bond, bounty hunters in Texas face liability for false arrest and other charges.
In Texas, the bail bond business is a highly regulated business. For example, in order to be a licensed bail bondsman, you must be 18 years of age, a U.S. citizen, have a high school diploma or GED, have no felony conviction, have no bad criminal history, and can’t have filed for bankruptcy.
Bail bondsmen are also subject to random inspection of their business by state licensing authorities.
Bounty hunters in Texas aren’t like those portrayed in movies or TV shows, where they use police-style approaches to arrest fleeing suspects. Bounty hunters have no formal authority in Texas and have no more legal authority than any ordinary citizen. Many states require a bounty hunter to possess a professional license. However, Texas does not require any kind of license to arrest an alleged fugitive. Because of this, the biggest thing keeping many bounty hunters from going after people is the fact that they have absolutely no legal authority.
Even though bounty hunters are not breaking any laws when pursuing alleged criminals, they are considered vigilantes, which brings a whole host of potential risks to them. In some states, bounty hunters do not have to have a warrant in order to arrest a fugitive, so long as the fugitive is violating their conditions of bail. When a bounty hunter arrests an individual, the bond company must reimburse the bounty hunter for any expenses which are deemed "reasonable." This allows bounty hunters to do things such as hire backup and hire transport vehicles to retrieve the fugitive, however it may not be worth the risk.
The Texas Occupations Code §1704.151(b) states, "The person engaging in the apprehension must have the person’s photograph and a copy of the underlying commitment or judgment to surrender, including the date and time of release on personal bond, a copy of the email sent to the sheriff or police chief under Subsection (a), and identification showing the person’s name, photograph, and signature, including a driver’s license issued under Chapter 521." (Emphasis added.)
This is the only statute in Texas that regulates the activities of a bounty hunter. Another statute that regulates the activity of the bounty hunter is the law of trespass, meaning that a bounty hunter can get in trouble if he tresspasses on a private property. So if a bounty hunter decides to arrest someone in the bathroom of some convenience store, he could get in trouble because he has no business arresting someone inside a place where the public is invited.
Between the private property issue and the vigilante issue, Texas bounty hunters tend to simply leave bad guys alone. Even bounty hunters from out of state oftentimes avoid Texas criminals.
Qualifications for Bounty Hunters in Texas
Licenses, Certifications, and Mandatory Training for Bounty Hunters in Texas
Before becoming a bounty hunter in Texas, you must first hold a license. Specifically, Section 1704.163 of the Occupations Code states that it is illegal for a person to act as a bail bond surety unless they have (and have held for at least one year) a license as a bail bond surety from the department. Keep in mind that there are other requirements for a license too. For example, you must be at least 18 years old and fingerprint requirements apply because the Texas Department of Public Safety will perform a criminal background check as part of the licensing process. Bounty hunters in Texas must also work under the supervision of a licensed bail bond surety and cannot act without first being given permission to do so. After obtaining a license, bounty hunters must continue their education every two years. Further, a record of this education must be kept on file with the bail bond surety. In addition to further education, at each renewal, the licensee must be able to show that they have completed the required number of hours and an application form that states they are bonded as a surety. Finally, there are some types of "bounty hunter" work that are illegal in Texas. For example, bounty hunters cannot act as:
In order to engage in any of these additional activities, an individual must have received a license to do so and those are not given lightly in Texas. If you are considering becoming a bounty hunter in Texas, familiarize yourself with the law and only seek out and attempt to locate individuals who have skipped bail rather than taking it upon yourself to personally collect on a debt. If you are unsure of the legality of directives involved in your job as a bounty hunter, talk with an experienced lawyer.
Legal Limitations and Duties
Bounty hunters in Texas are strictly prohibited from intimidating or threatening a fugitive to the point that they sign a confession or confession of guilt. There are also strict liability limitations on times and places in which bounty hunters may enter property in pursuit of a fugitive. However, if a fugitive flees to a residential area, bounty hunters can follow them home and, when necessary, the bounty hunters can break down the door of a residence if they fear that the fugitive would destroy evidence by hiding it inside the home. Breaking down a door to a residence is known as "hot pursuit" and is generally acceptable to recover a fugitive if those conditions are met and legal. Other times and places are further prohibited by Section 17.19 of the Texas Code of Criminal Procedure, which provides, under (a) that a surety can arrest the principal at any time in any county of this state and if necessary, break and enter into any building or enclosure to do so. Under (b), manner of arrest, the surety, or someone acting under his authority, must, before entering, give notice to the person making the arrest by first proclaiming in a loud voice that the surety or someone acting under his authority holds a warrant of arrest, and to the occupant of the premises that the surety is about to enter, by announcing in a loud voice, "For [name of principal], whose bail I hold, I enter." If the door is barred, the surety or someone acting under his authority must knock and announce that he holds the warrant of arrest. Under (c), breaking and entering, if admittance is refused after notice is given, the surety or someone acting under his authority can break down the door or window of the house or building, or break and enter in any other manner to execute the warrant.
Comparison with Different States
Both Texas and California require a license to act as a bail fugitive recovery agent (PFRA) in their respective states. However, California has high standards for PFRA licensure. In fact, in 1998, California lawmakers passed legislation allowing only law enforcement officers with five years or more experience to work as bounty hunters. This change would later lead to a temporary shortage of bounty hunters in California. Fortunately, the law was repealed in 2006.
Florida also requires a license for bounty hunter jobs. In addition, Florida law focuses on securing both insurance and bonds for all bail bondsmen and bounty hunters. Texas differs in that Texas regulations place these requirements only on the bondsman.
Louisiana is one of few states that does not require licensure for bounty hunters. Instead , Louisiana law allows for flexibility in PFRA training. Specifically, Louisiana does not require PFRA training to be completed in Louisiana; however, the state partner agencies may choose to conduct approved training.
In Alaska, Pennsylvania, Illinois, and Mississippi, PFRA licensure is mandatory. Nevertheless, licensure requirements vary by state, and in some, it is much easier to become a PFRA than in others. In Missouri, applicants must complete a 40-hour training course. In Arkansas, applicants are required to have three years of law enforcement experience.
Other states like New Jersey, Ohio, and Maryland have made becoming a PFRA illegal altogether. Maryland even restricts bounty hunters from entering, search, or seizure of a property without a search warrant.
Obstacles for Texas Bounty Hunters
The professional life of a bounty hunter is seldom glamorous. Not only do they face the daily grind of locating individuals who have skipped bail, but they often encounter unexpected legal and ethical issues in the process. These concerns are compounded in states where the practice is not heavily monitored, like Texas.
The most significant risk facing Texas bounty hunters is potential liability for wrongful arrests. Like other bounty hunters, those working in Texas are required by law to present a bounty certificate to the accused before apprehending them. If they fail to do so, the accused may sue for wrongful arrest. Additionally, if a Texas bounty hunter fails to inform law enforcement that he’s arresting someone, then the accused may sue the bounty hunter for wrongful arrest and the bondsman who initially backed the bounty for breach of contract. Texas bounty hunters must therefore be careful to follow their own state laws, as well as those of the state in which the offense occurred.
Texas bounty hunters also face ethical issues, depending on the security of the environment in which they work. Depending on the severity of the crime, bounty hunters may be tasked with apprehending armed thieves or even some murderers. This can make encounters between Texas bounty hunters and the accused more dangerous, significantly raising the level of risk that they face. Some employers may therefore require that Texas bounty hunters undergo training in self-defense or firearms handling in order to help them protect themselves on the job.
Bounty hunters in all states face the challenges of maintaining work/life balance. Often, Texas bounty hunters have to go on long trips to apprehend an accused after receiving a tip from a confidant. They must therefore develop strong personal relationships, as well as emotional and physical stamina, to deal with years of work. In addition, Texas bounty hunters must act quickly to apprehend suspects. Because most bounty agreements expire after 30 days, the accused may completely disappear from view after a month. Therefore, Texas bounty hunters must have a great deal of self-motivation and flexibility in their schedules.
The Future of Bounty Hunting in Texas
As we have seen from the current legislative session and the debate surrounding this issue, changes may be ahead for bounty hunters in Texas. While it is difficult to predict the future, there are certainly a few possibilities as to what direction lawmakers may take in ensuring that these highly specialized workers are not only an asset to the criminal justice system but also protected and kept accountable for their actions.
With more legitimate bail bond companies moving away from the use of bounty hunters for their services and relying more heavily on skip tracing and other forms of fugitive recovery, this could prompt legislators to possibly implement additional licensing requirements for these companies and their employees, such as requiring training or testing similar to the requirements for bounty hunters.
It is also possible that legislators will take notice of the growing negative public perception surrounding bounty hunting as it is portrayed by the media. This focus has been especially prevalent during the unexpected release of Nathan Lee and his girlfriend that led to the tragic shootings of the Harris County Sheriff’s Deputy and his daughter in early 2010. As such, legislators may seek to limit the recourse of bounty hunters in their attempts to apprehend fugitives . Such possibilities could include requiring that a bounty hunter must first seek permission from a judge before taking further action in apprehending the fugitive. This could include requiring a bounty hunter to file a motion with the court that sets forth the risk assessment of a potential apprehension effort. While this means more red tape for potential apprehensions, it would also provide a layer of protection for the fugitive and their family in the event that something goes wrong. However, it is important to realize that the ability to seek judicial permission prior to apprehending a fugitive would severely limit the chances of successfully capturing the fugitive and require increased staff of professional bounty hunters. This movement would also discourage bail bond companies from utilizing bounty hunters to apprehend their fugitives.
It is no secret that bounty hunters face a dangerous line of work. However, the work they do in removing individuals that fail to fulfill their bail bond obligations from society has been beneficial to the criminal justice system in Texas. The future of bounty hunting in Texas is yet to be determined, but one thing is for sure; the debate will not end here.