Marie D. De Jesús, Houston Chronicle / Staff photographerA lawyer for a Houston bail bond agent argued Friday that a recent policy requiring a 10 percent minimum for certain felony charges violated antitrust laws and questioned whether the entity that established the fee had the power to impose it.
He argued no evidence exists to suggest the Legislature intended to give the board the authority to “fix prices or set rates” under the scope of the word “negotiation” found in state law. Pennel said the 10 percent minimum has affected the ability for bondsmen to take unsecured payment plans, reducing the number of bonds being written by Claiborne and others.
Mandating a premium floor was aimed at thwarting a years-long practice by some bail agents, who act as intermediaries between the defendant and the court, to accept lower than 10 percent fees from jailed defendants accused of violent offenses to secure their release.