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MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
Revised 02/01/2020 Page 1 of 19
Pursuant to the authority granted by Chapter 1704, of the Texas Occupations Code, the
following rules are adopted by the Montgomery County Bail Bond Board. Should a conflict
exist, the statutory provision set out in Chapter 1704 shall prevail.
DEFINITIONS
1. "Administrator'' means the Administrator employed by the Montgomery County Bail
Bond Board.
2. "Board" means the Montgomery County Bail Bond Board.
3. Licensee" means either a licensed bail bond surety (individual or corporation) or a
licensed agent of a corporate surety, licensed in Montgomery County.
I. APPLICATIONS FOR LICENSE
All applications for a license must be submitted on the form(s) prescribed by the Board and in
accordance with 1704.154. An initial hearing on a properly completed sworn application for a new
License, along with all required attachments, will be held not later than ninety (90) days after the
application has been received by the Administrator.
An applicant shall appear before the Board prior to a license being approved by the Board.
Any substitutions or amendments to the application whether a new application or renewal application
must be received five (5) calendar days prior to the scheduled hearing date. Failure to comply-will be
cause to remove the application from the agenda and placed on the next month's agenda.
Licensees in Montgomery County are required to obtain an FBI Criminal History Background Check. The
following are requirements set out for this information.
A new application or renewal application must meet the following requirements:
New Application
A. Proof that the FBI Background check has been submitted to the FBI 120 days prior to the submission
of the application. The documents of proof must be included in the application packet
Renewal Application
A. If an FBI Background check is received and on file within twenty-four (24) months prior to
filing the renewal application that is acceptable. The date received must be stamped on the
document and be within the twenty-four (24) months.
B. If at the time of submitting a renewal application there is not a background check on file that meets
the requirements of 1 above the proof is required with the application that it has been submitted
to the FBI 120 days prior to submission of the renewal application.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
Revised 02/01/2020 Page 2 of 19
C. The effective date of Item 1 under New Application and Item 2 under Renewal Application is
June 23, 2017.
II.
LICENSE EXPIRATIONS AND RENEWALS
A. Real property deeded and in trust to the County must meet the criteria of Occupations Code Sect. 1704.155
B. Security other than real property must meet the criteria of Occupations Code1704.160 (b)
Properly completed sworn applications for renewal of a License must be filed with the Board
Administrator at least thirty-one (31) days before the expiration of a license and meet the criteria of
Occupations Code Sect. 1704.154. Any submissions or amendments to the application whether a new
application or renewal application must be received five (5) calendar days prior to the scheduled
hearing dale. Failure to comply will be cause to remove the application from the agenda and placed on
the next month's agenda.
III.
COLLATERAL AND ADDITIONAL COLLATERAL REQUIREMENTS
A. Collateral for a new license must meet all the requirements of Section 1704.160 and be all in
one form of collateral.
B. Additional Collateral Requirements must meet all the requirements of Section 1704.203
1. In the event a licensee chooses to add collateral in the form of real property deeded in trust to the
County, the properly must meet the criteria of Occupations Code 1704.155. If the licensee chooses
to add collateral other than real property it must meet the criteria of Occupations Code 1704.160
(b). Collateral added that is in addition to the original collateral may be in ether form.
2. In the event a licensee wishes to substitute property the property used as substitution must also
meet the requirements of the applicable Occupations Code Section.
3. If the licensee wants to substitute collateral for the original collateral pledged it must be in the
same form and meet or exceed the minimum collateral required.
4. Licensees may substitute or withdraw collateral only upon the Bail Bond Board's approval.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
Revised 02/01/2020 Page 3 of 19
IV.
QUALIFICATIONS & ELIGIBILITY FOR BAIL BOND EMPLOYEES
Licensees in Montgomery County are required to obtain an FBI Criminal History Background Check on
their employees and maintain those records. New employees to the Bail Bond business are required to
obtain a background check in accordance with this section. If a new employee has been working for
another Montgomery County licensed bondsman and their background check can be verified that it is
less than a year old, it is acceptable. At each renewal thereafter of the licensee, Attachment G, is
required to be filled out and sworn to. It is required that the records are available for examination by the
Montgomery County Bail Bond Board or their designee at all times. Information forms indicating
names of employees and verification that the FBI Criminal History Background Check has been
applied for and received will be required. The forms for new employees must be submitted to the
Administrator within thirty (30) calendar days of employment which is the normal probation period.
Sureties must notify the Administrator within ten (10) days when an employee becomes ineligible.
Qualifications for employees and/or disqualifications are set forth in Texas Occupations Code 1704.302.
V.
ADVERTISING
To protect the public from fraud or misrepresentation, each licensee shall use and advertise only one
assumed name per license. The assumed name must be on file with the Montgomery County Clerk's
Office in accordance with Chapter 36 of the Texas Business Code and/or the Texas Insurance Code. A
certified copy of the Assumed Name Certificate must be on file with the Administrator and in
accordance with the Texas Occupations Code Chapter 1704. This name must match the name on the
application for the licensee in compliance with 1704.154(b) (2) (C). Advertising must comply with
Section 1704.303(b). For licensees who are licensed and advertise in multiple counties, advertising must
comply with Sect. 1704.303(b). Telephone advertisement proofs are required to be submitted to the
Administrator for Board approval prior to being approved for publication.
VI.
SOLICITATION
To protect the public from fraud or misrepresentation, no licensee shall present any bond to the Sheriff
of Montgomery County without first being requested to make and present said bond by the principal,
personally, or an individual(s) acting with the consent of the principal, on behalf of the principal. To the
extent allowable by law, solicitations are prohibited pursuant to Texas Occupations Code Section 1704.109
and 1704.304.
VII.
LICENSED SURETY AND AGENT LIST PHONE NUMBERS
A. Pursuant to Texas Occupations Code 1704.105, the Bail Bond Board Administrator prepares a list of
each licensee in the county. These lists are displayed at each location where prisoners are examined,
processed or confined. Included on the list is the phone number for the licensee. Each licensee may
choose the phone number to be displayed on the list. The request by the bonding company to
change the phone number must be on the bonding company's letterhead and signed by the licensee
that appears on the list.
B. Procedures for Rotation List - See Exhibit "B" and Exhibit "C"
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
Revised 02/01/2020 Page 4 of 19
VIII.
ELECTION OF SURETY REPRESENTATIVE AND CRIMINAL DEFENSE ATTORNEY
The Board shall annually conduct a secret ballot election to elect members of the board who serve as the
representative of licensed bond sureties and the representative of the criminal defense attorneys. The
election for the licensed bond sureties and the criminal defense attorney will be held prior to the January Board
meeting. The Administrator shall maintain a register of eligible licensees. Each individual licensed in the
county as a bail bond surety or agent for a corporate surety is entitled to cast one vote for each license held.
The election for surety representative will be conducted as follows:
A. Balloting will be scheduled and held in the method prescribed by the board. Ballots and register will
be provided by the Administrator to the election office. All voting will take place at the election office.
The election office will return the register along with the ballots in sealed envelope to the
Administrator after the election.
B. The Surety Representative to the Board shall be announced at the Board meeting immediately
following the election.
C. In the event of a tie, a runoff election will be scheduled by the Board.
The election for the representative for the criminal defense attorneys will be conducted as follows:
A. Ballot forms will be provided to the Election Office by the Administrator.
B. The ballot register will include a statement at the top that the attorney will acknowledge by signing
the register. They will then be given a ballot. The election office will return the register along with
the ballots in a sealed envelope to the Administrator.
C. The Criminal defense Attorney representative to the Board shall be announced at the Board
meeting immediately following the election.
D. In the event of a tie, a runoff election will be scheduled by the Board.
IX
DESIGNEE/QUORUMNOTING
The board positions eligible to have designees under Chapter 1704.053 of the Texas Occupations Code must
provide written notification of their designee to the Board before the designee will be eligible to constitute
a quorum or vote.
X
ELECTION OF PRESIDING OFFICER
The Board shall annually elect one of its members as Presiding Officer at the first February Board meeting.
The Presiding Officer shall preside at all Board meetings.
The Board shall also annually elect one of its members as Vice-Presiding Officer at the first February Board
meeting. In the absence of the Presiding Officer, the Vice-Presiding Officer shall preside at a Board meeting.
In the absence of both the Presiding Officer and the Vice Presiding Officer, the chain of succession will
follow Chapter 1704.053 and Exhibit D attached to these Local Rules, Rules of Order, Section III. The Vice-
Presiding Officer shall become the Presiding
Officer in the event the Presiding Officer resigns or is removed before the end of the Officer's term. The Board
shall elect a new Vice-Presiding Officer at the meeting immediately following the accession or resignation
of the Vice-Presiding Officer before the end of said Officer's term.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
Revised 02/01/2020 Page 5 of 19
The Presiding Officer or Vice-Presiding Officer may be removed by a two-thirds majority of the remaining
members of the Board upon a showing of gross misfeasance or indictment for a criminal act.
XI
A. Complaints Against Sureties
Sworn complaints against licensees shall be filed with the Administrator. All complaints received at least
seven days before a regularly scheduled Board meeting shall be placed on the agenda for that meeting, for
consideration and action to set a hearing, if deemed necessary.
B. Posting Requirements
Licensees in Montgomery County are required to post a sign in their offices, in the form attached to these rules
as Exhibit 'A', which provides the public information on where and to whom a complaint against a bondsman
may be filed. All new licensees must post the required notice in their offices within 30 days after the new
license is approved. Enforcement will be in accordance with Texas Occupations Code 1704.102(a)(3) which
provides that a bail bond board shall suspend or revoke a license for a violation of Chapter 1704 of the Texas
Occupations Code or of a rule adopted by the board under that chapter.
XII.
PROCEDURAL RULES
A. Decision or Order in a Contested Case
A decision or order rendered by the Board in a contested case must be rendered in accordance with the Texas
Occupations Code, Chapter 1704, Subchapter F, and the Texas Government Code, Chapter 2001, Section
2001.053 thru 2001.057; and 2001.059 thru 2001.060; and 2001.081 thru 2001.103.
B. Form of Decision
A final decision or order of the Board that is adverse to a party in a contested case must be in writing or
stated in the record of the Board proceedings.
C. Notification of Decisions and Orders
A party in a contested case shall be notified by first class mail of any decision or order. The decision or order
shall be sent to a party's attorney of record if a party is represented. The Board shall keep record of the
mailing to said party or attorney.
A party or attorney of record notified by mail as set out above is presumed to have been notified on the third
day after the date on which the notice is mailed.
D. Time for Rendering Decision
A decision or order rendered by the Board in a contested case must be rendered not later than the 50th day
after the date on which the hearing is finally closed.
E. Rules of Order
Montgomery County Bail Bond Board established "Rules of Order" at the May 17, 2016 meeting which
will have an effective date of May 28, 2016 and be in effect at the June 2016 meeting. See 'Exhibit D"
which is attached to and part of the Local Rules as of 05/28/16.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
Revised 02/01/2020 Page 6 of 19
F. Composition and Rules for Local Rules Committee
1. At the February meeting of the Bail Bond Board, the Board shall choose or appoint a Local Rules
committee for the year.
2. The committee shall consist of three (3) Board members.
3. The purpose of the Local Rules Committee is to review, discuss, and present recommended
amendments to the Local Rules and other governing documents to the Bail Bond Board for
consideration.
4. All meetings of the Local Rules Committee shall be posted as an open meeting and meet the
requirements of the Open Meetings Act.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT A
Revised 02/01/2020 Page 8 of 19
THIS COMPANY IS LICENSED AND REGULATED
BY THE
MONTGOMERY COUNTY BAIL BOND BOARD
COMPLAINTS SHOULD BE DIRECTED TO
THE MONTGOMERY COUNTY BAIL BOND BOARD
ATTN: BOARD ADMINISTRATOR
501 N. THOMPSON, ROOM 201
CONROE, TEXAS 77301
PHONE: 936-538-3520
FAX: 936-538-3597
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT B
Revised 02/01/2020 Page 9 of 19
Procedures for Licensee Rotation List
1. Work up a schedule of monthly posting dates for the New Year prior to the December
meeting to present to the Board for review.
2. Posting should be for 30 days or as close to that as possible taking into consideration
holidays and weekends.
3. When preparing the new month's list, the name that is currently at the top (not including
Insurance Companies) is moved to the bottom which results in all the others moving up one
slot.
4. Write on the outside of all the envelopes the date the list needs to be posted and highlight it.
5. 15 copies are printed for Central Records - 11 laminated and 4 not laminated. When
delivering to Central Jail records write on one of the copies not laminated your signature,
the date and the time delivered.
6. The other lists go either in Inter-office mail or regular mail. There are 32 (at this time) other
copies to be sent to courts.
7. The Interoffice are for the local courts and Justice of Peace's that pick up their mail in the
mailroom. The municipal courts should be mailed. Allow 2-3 days prior to the required
posting date to mail. Send the interoffice copies 2 days prior to the required posting date,
All the interoffice and mailed copies need to be laminated and also put the notation on the
outside of the envelope the required posting date and highlight that. Deliver the ones to
Evelyn Park, Central Records, two to three days prior to the posting date so she can get
maintenance set up to hang them.
8. Perform random checks on the court to be sure the current list is posted.
9. Scan a copy of the approved list and post it on the Bail Bond Board website
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT C
Revised 02/01/2020 Page 10 of 19
List of Municipal, JP, District and County Courts
CCL# 1 Court Clerk County Court at Law# 1
CCL # 2 Court Clerk
County Court at Law# 2
CCL # 3 Court Clerk County Court at Law #3
CCL # 4 Court Clerk County Court at Law# 4
CCL # 5 Court Clerk County Court at Law# 5
Court Clerk Justice of the Peace, Pct. 1
Willis, Texas
Court Clerk Justice of the Peace, Pct. 1
Montgomery, Texas
Court Clerk Justice of the Peace, Pct. 2
Court Clerk Justice of the Peace, Pct. 3
Court Clerk Justice of the Peace, Pct. 4
Court Clerk Justice of the Peace, Pct. 5
City of Conroe Municipal
Court
700 Old Montgomery Rd.
Conroe, Texas 77301
City of Oak Ridge
North Municipal Court
27424 Robinson Rd.
Oak Ridge North, Texas 77385
City of Shenandoah
Municipal Court
29811 145 North
Shenandoah, Texas 77381
Town of Cut & Shoot
Municipal Court
P.O. Box 7364
Cut & Shoot, TX 77306
City of Stagecoach
Municipal Court
16930 Boot Hill Rd.
Magnolia, Texas 77355-4854
City of Willis
Municipal Court
200 N. Bell Street
Willis, Texas 77378
City of Magnolia
Municipal Court
18111 Buddy Riley Blvd.
Magnolia, Texas 77354
City of Patton Village
Municipal Court 16940 Main St.
Splendora, TX 77372
City of Montgomery
Municipal Court
P.O. Box 708
Montgomery, TX 77356
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT C
Revised 02/01/2020 Page 11 of 19
City of Splendora
Municipal Court
P.O. Box 1087
Splendora, TX 77372
City of Roman Forest
Municipal Court
2430 Roman Forest Blvd.
Roman Forest, TX 77357
Court Clerk
9th District Court
Court Clerk
221st District Court
Court Clerk
2841h District Court
Court Clerk
3591h District Court
Court Clerk
410th District Court
Drug Court
Care Program
Sheriff's Office – Central Jail Records
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 12 of 19
I. PREAMBLE:
A. Priority of Rules:
i. United States Constitution
ii. Texas Constitution
iii. Statutes
iv. Local Rules
v. Rules of Order
vi. Practices and Customs
B. The Rules of Order are created and implemented solely for the benefit of the Bail Bond
Board and its members under the authority of Texas Occupations Code Section
1704.101(1), (4), & (9). All questions regarding motions, questions, procedure and points
or order shall be determined by the Chair. The Chair may seek advice of counsel, the
administrator, or members if he desires, but is not required to. All decisions by the Chair
are final; no appeal is available either at the Board level or in any Court. The Board's or its
members' failure to follow these rules is not actionable in any forum except to the Chair of
the Board - whose decision is final.
C. These rules may be modified and amended in the same manner as Local Rules
II. BASIC PRINCIPLES:
A. All members have equal rights, privileges and obligations
B. Full and free discussion of every motion is a basic right.
C. Only one question at a time may be considered, and only one person may have the floor
at any one time.
D. Members have the right to know what the immediately pending question is and to have it
restated before a vote is taken.
E. No person can speak until recognized by the Chair.
F. Personal remarks are out of order
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 13 of 19
III. DETERMINING THE CHAIR:
A. The Presiding Officer is the Chair. If the presiding Officer is not present, the Vice
Presiding Officer is the Chair. If neither is present the Chair shall be determined by the
first present person (or his designee) in the following order (derived from Tex. 0cc. Code
§ 1704.053 & Local Rules Paragraph X):
i. Sheriff ii. Justice of the Peace
iii. District Judge
iv. District Clerk
v. County Judge vi. County Clerk
vii. County Court Judge viii. Municipal Judge
ix. District Attorney
x. County Treasurer
xi. Surety Representative xii. Crim. Defense Atty. Rep.
B. The Chair shall be referred to as: Mr. or Madam Chair.
C. The Presiding and Vice Presiding Officers shall be elected as dictated by the local rules.
Local Rules Paragraph X.
IV. ROLE OF THE CHAIR:
A. To open the session at the time at which the assembly is to meet, by taking the chair and
calling the members to order.
B. Determine that a quorum is present before transacting business.
C. Introduce business in proper order according to the agenda.
D. Remain impartial during debate - the Chair must relinquish the chair in order to debate the
merits of a motion. If the Chair relinquishes the chair, the Chair shall be determined in the
order stated in "Determining the Chair." If every present board member relinquishes the
Chair, the original Chair shall be the Chair and shall be able to debate the merits of the
motion. The Chair may ask questions of witnesses during hearings.
E. The Chair may vote on any matter. Tex. 0cc. Code§ 1704.054(c). However, to promote
impartiality, the Chair should only vote to create or break a tie (or 2/3 for matters requiring
a 2/3 vote).
F. To recognize members entitled to the floor.
G. To state and to put to vote all questions (or motions) which are regularly moved, or
necessarily arise in the course of the proceedings.
H. When a motion has been made and seconded, it is the duty of the Chair, unless he rules it
out of order, immediately to state the question -- that is, state the exact question that is before
the Board for its consideration and action.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 14 of 19
I. To announce the result of the vote.
J. To determine if a motion is in order. To protect the Board from annoyance from evidently
frivolous or dilatory motions by refusing to recognize them.
K. To keep discussion germane to the pending motion.
L. To assist in the expediting of business in every way compatible with the rights of the
members, as by allowing brief remarks when undebatable motions are pending, if he
thinks it advisable.
M. To maintain order. To restrain the members when engaged in debate, within the rules of
order.
N. To enforce on all occasions the observance of order and decorum among the members,
deciding all questions of order unless when in doubt he prefers to submit the question for
the decision of the assembly.
O. To inform the assembly, when necessary, or when referred to for the purpose, on a point of
order or practice pertinent to pending business.
V. GENERAL PROCEDURE FOR HANDLING A MOTION
A. A member normally must obtain the floor by being recognized by the Chair.
B. Member makes a motion.
C. A motion must normally be seconded by another member before it can be considered.
D. Before the motion is restated by the Chair, any member can rise, without waiting to be
recognized, and suggest a modification of the wording to clarify the motion. The maker of
the motion can choose to accept or reject the modified wording (does not require a second).
E. If the motion is in order, the Chair will restate the motion and open debate (if the motion is
debatable).
F. The maker of a motion has the right to speak first in debate.
G. Debate is closed when:
1. Discussion has ended
2. A "Call for the Question" is passed, or
3. Every Board Member who wishes to debate has exhausted his time and the Chair does
not allow any additional time.
H. The Chair restates the motion, and if necessary clarifies the consequences of affirmative and
negative votes.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 15 of 19
I. The Chair calls for a vote.
1. Majority vote - defined as more than half of the votes cast by those present (Tex. 0cc.
Code § 1704.056(b)) unless the Statute or Local Rules specify otherwise (e.g., majority
of the entire membership).
2. Two-thirds vote - defined as at least two-thirds of those present (Tex. 0cc. Code§
1704.056(b)), unless otherwise specified by the Statute or Local Rules.
3. Voting by the Chair - except when there is a ballot vote, the chair should only vote when
his vote would affect the result (create or break a tie). However, the Chair may vote on
any matter. Tex. 0cc. Code§ 1704.054(c).
4. Methods of Voting
a. Voice vote. If the voice vote is not unanimous, the Board shall vote by roll call vote.
b. Rising Vote - The Board votes by a show of hands.
c. Ballot.
d. Roll call vote - used when it is desired to have a record of how each member voted.
Can be ordered by a majority vote unless the Statute or Local Rules specify otherwise.
e. Proxy voting is prohibited unless specifically provided for in the Statute or Local
Rules
J. The Chair announces the result of the vote.
K. Any member may challenge the Chair's count by demanding a "Rising Vote."
L. Hearings:
1. In any matter requiring a hearing, the hearing should be conducted prior to a motion being
made, unless the nature of the hearing and issue before the Board dictates it be held during
discussion (e.g.: if a hearing will not be necessary without a motion).
2. Hearings will be conducted in open question format in which each member and the Chair
are permitted to ask questions of the witness (es). The Chair shall resolve any dispute
regarding the order of the questions.
3. After the hearing, the Chair shall close the hearing.
4. After the hearing is closed, a Motion may be made by a Speaker who has obtained the floor.
M. Reports: Anyone making a report shall make the report when directed by the Chair.
After the report, a Motion may be made by a Speaker who has obtained the floor.
VI. GENERAL RULES OF DEBATE
A. No member may speak until recognized by the Chair.
1. Obtaining the Floor - Before a member can make a motion, or address the assembly in
debate, it is necessary that he should obtain the floor -- that is, he must raise his hand after
the floor has been yielded, and address the Chair by his official title. If a member raises his
hand before the floor has been yielded, or has his hand raised at the time, he cannot obtain
the floor provided anyone else rises afterwards and addresses the chair. It is out of order to
have your hand raised when another has the floor.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 16 of 19
2. After a member has obtained the floor (but before he has begun speaking) he cannot be
interrupted by a member or the Chair, except by:
a. a point of order; an objection to the consideration of the question;
b. a call to ensure the question is within the scope of the agenda;
c. a request or demand that the question be divided when it consists of more than one
independent resolution on different subjects; or
d. a request for information that requires immediate answer.
These motions cannot interrupt the Speaker after he has actually commenced speaking
unless the urgency is so great as to justify it. The speaker (that is, the member entitled
to the floor) does not Jose his right to the floor by these interruptions, and the
interrupting member docs not obtain the floor thereby, and after they have been
attended to, the Chair assigns the floor to the Speaker again.
B. All discussion must be relevai1t to the immediately pending question.
C. No member may speak a second time until every member who wishes to speak has had the
opportunity to do so.
D. No member can speak more than twice to each motion, unless he obtains special permission
from the Chair.
E. No member can speak more than three minutes total, unless he seeks and obtains permission
from the Chair.
F. All remarks must be addressed to the Chair - no cross debate is permitted.
G. It is not permissible to speak against one's own motion (but one can vote against one's own
motion).
H. Debate must address issues not personalities - no one is permitted to make personal attacks or
question the motives of other speakers.
I. The Chair must relinquish the chair in order to participate in debate and cannot reassume the
chair until the pending main question is disposed of. See procedures under "Role of the Chair."
J. When possible, the Chair should let the floor alternate between those speaking in support and
those speaking in opposition to the motion.
VII. MOTIONS IN ASCENDING ORDER OF PRECEDENCE:
Only one main motion may be on the .floor at a time, but more than one secondary motion may be
on the floor. When any of the motions on the following list is the immediately pending motion (i.e.,
the last motion made), any motion listed below it on the list can be made at that time and any motion
above it on the list cannot be made at that time. Pending motions must be disposed of in descending
order of precedence.
A. Main Motion - introduces business to the assembly for its consideration. A main motion can
only be made when no other motion is pending. A main motion yields to privileged, subsidiary
and incidental motions.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 17 of 19
B. Subsidiary Motions - change or affect how the main motion is handled (voted on before the
main motion)
1. Amend - changes the wording of the main motion before it is voted upon. An
amendment must be germane to the main motion. Its acceptance does not adopt the
motion thereby amended; that motion remains pending in its modified form. Rejection
of an amendment leaves the pending motion worded as it was before the amendment
was offered. An amendment can: delete words, phrases, sentences or paragraphs; strike
out words, phrases or sentences and insert new ones; add words, phases, sentences or
paragraphs; or substitute an entire paragraph(s) or the entire text of the motion and
insert another. When an entire motion is substituted for another, the Chair must first
call for a vote on the Motion to Substitute to determine the advisability of substituting
a new motion. If the Motion to Substitute passes, the Chair then throws the Substitute
Motion open to debate. The Substitute Motion in turn must be voted upon, and is
subject to amendment.
2. Secondary Amendment - An amendment can be offered to an amendment (amendment
of the second order). Amendments of the third· order are not permitted.
3. Refer (Commit) - sends a pending motion to a standing committee, or to an ad hoc
(special) committee to be appointed or elected, for investigation, consideration, and/or
recommendation. The motion to refer may include instructions to investigate,
recommend, or take action, and may specify the composition of the committee.
4. Postpone Definitely (Postpone to a Certain Time) - delays action until a certain time
specified in the motion (not beyond the end of the meeting).
5. Limit or Extend Debate - is used (1) to reduce or increase the number or length of
speeches permitted or (2) to require that debate be closed at a specified time. It requires
a two-thirds vote of the Board.
6. Call for the Question - immediately closes debate if passed. Requires a second and a
two-thirds vote.
7. Lay on the Table or "To Table" - enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. It is not debatable. A motion to lay on the table is out of order if the evident intent is to avoid further consideration of the motion.
VIII. INCIDENTAL MOTIONS (Questions of procedure that arise out of other motions and must
be considered before the other motion)
A. Point of Order - used when a member believes that the rules of the Board are being violated,
thereby calling on the Chair for a ruling and enforcement of the rules. A member can interrupt
a speaker to raise a point of order.
B. Suspend the Rules - used to make Local Rule or Rule of Order temporarily inoperative.
Requires a two-thirds vote.
C. Withdraw - permits the maker of a motion to remove it from deliberation after the motion has
been stated by the Chair. If there is not unanimous consent, the motion is debated and voted
upon.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 18 of 19
D. Point of Information - requests to the Chair, or through the Chair to another member or the
administrator, to provide information relevant to the business at hand. A point of information
must be in the form of a question. A request for information regarding the Board's rules bearing
on the business at hand.
E. Objection to the Consideration of a Question - suppresses business that is irrelevant or
inappropriate. The objection must be made immediately (acceptable to interrupt a speaker).
Does not require a second, is not debatable, and ruling by the Chair. The Chair may seek
guidance.
F. Division of a Question - divides a motion containing two or more provisions that can stand alone
so that each provision can be considered and voted upon separately. Not debatable.
G. Rising Hand Vote - used to demand a rising vote to verify the vote count. The motion can be
made without obtaining the floor, does not require a second, is not debatable, and does not
require a vote.
MONTGOMERY COUNTY BAIL BOND BOARD
LOCAL RULES
EXHIBIT D - Local Rules of Order
Revised 02/01/2020 Page 19 of 19
IX. MAIN MOTIONS THAT BRING A QUESTION BACK BEFORE THE ASSEMBLY
A. Take from the Table - resumes consideration of a motion laid on the table earlier in the same session or in the previous session. Not debatable.
B. Reconsider - reopens a motion to debate that has already been voted upon in the same session. The motion to reconsider can only be made by a member who voted on the prevailing side. It suspends action on the motion to which it is applied until, it has been decided. It cannot be postponed beyond the end of the meeting without a motion passing placing it on the next agenda.
The Montgomery County Bail Bond Board, by a vote of 9 to 0 , adopts the above Local Rules of Order at a Regular Meeting of the Board on May 17, 2016.
District Attorney or Representative
________________ Surety Representative - Vice Presiding Officer