HBA-TYH H.B. 1167 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1167 By: Thompson Criminal Jurisprudence 4/12/1999 Introduced BACKGROUND AND PURPOSE Currently, a personal bond must contain an oath sworn to and signed by a defendant in a trial in order for the bond to be sufficient. A pretrial services agency staff member must be a notary public to administer the oath. Consequently almost all members must be a notary public, to ensure the oath can be administered and witnessed 24 hours a day at different locations. Pretrial agency staff administer the personal bond oath roughly 60,000 times a year in Harris County alone, while preparing the necessary paperwork for a defendant's initial court hearing. Roughly 5 to 10 percent of the commissioned pretrial services agency staff use their commission to acknowledge workrelated documents other than a personal bond. The remaining 90-95 percent are commissioned for the sole reason of administering the personal bond oath. H.B. 1167 authorizes an employee of a personal bond office to administer an oath and give a certificate of the fact, if the oath is required or authorized by law. This bill also authorizes an employee of a personal bond office to take an acknowledgment or proof of a written instrument, if the acknowledgment or proof of a written instrument is required or authorized by law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 602.002, Government Code, to authorize an employee of a personal bond office to administer an oath and give a certificate of the fact, if the oath is required or authorized by Article 17.04, Code of Criminal Procedure (Requisites of a personal bond). Redesignates existing Subdivisions (8)-(10) to (9)-(11). SECTION 2. Amends Section 121.001(a), Civil Practice and Remedies Code, to authorize an employee of a personal bond office to take an acknowledgment or proof of a written instrument, if the acknowledgment or proof of a written instrument is required or authorized by Article 17.04, Code of Criminal Procedure (Requisites of a personal bond). Makes nonsubstantive changes. SECTION 3. Emergency clause. Effective date: upon passage.