HBA-PDH H.B. 2055 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2055
By: Giddings
Criminal Jurisprudence
3/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law allows security officers, peace officers, and private
investigators to execute warrants.  H.B. 2055 sets forth standards of
conduct for a private investigator executing an arrest warrant on behalf of
a bail bond surety and the steps a surety must take in obtaining a private
investigator to execute an arrest warrant.  This bill also provides
criminal penalties for violating the provisions of this bill. 

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 Subchapter C, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by adding Section 43A, as
follows: 

Sec. 43A.  EXECUTION OF ARREST WARRANT ON BEHALF OF SURETY ON BAIL BOND;
OFFENSE.  (a)  Prohibits a private investigator executing an arrest warrant
on behalf of a bail bond surety from entering a residence without the
consent of the occupants. Prohibits a private investigator from executing
the warrant without written authorization from the surety, or wearing,
carrying, or displaying any uniform, badge, shield, or other insignia or
emblem that implies that the private investigator is an employee, officer,
or agent of the federal government, the state, or a political subdivision
of the state. 

(b)  Authorizes a private investigator to display identification that
indicates that the person is acting on behalf of a surety on a bail bond. 

(c)  Provides that a person commits a state jail felony if the person
violates this section. 

SECTION 2.  Amends Chapter 550, Acts of the 63rd Legislature, Regular
Session, 1973(Article 2372p-3, V.T.C.S.),  by adding Section 12A to read as
follows: 

Sec. 12A.  USE OF PRIVATE INVESTIGATOR TO EXECUTE ARREST WARRANT; OFFENSE.
(a) Prohibits a bail bond surety from authorizing or allowing a person to
execute an arrest warrant on behalf of the surety if the person is not a
private investigator. 

(b)  Prohibits a person who is not licensed in this state but who holds a
license as a surety issued by another state from retaining a private
investigator to execute an arrest warrant in this state unless the person
contracts with a surety licensed in this state. 

(c) Requires a surety to give written notice to the county bail bond board
(board) not later than 24 hours after the time that the surety retains a
private investigator to execute an arrest warrant.  Specifies the required
contents of the written notice. 

(d) Requires a surety to provide the board with an annual report.
Specifies the required contents of the report. 
 
(e)  Provides that a person commits a state jail felony if the person
violates this section. 

SECTION 3.Effective date: September 1, 1999.   Proposes to except
Subsection (b) from the requirements of this section. (Subsection (b) does
not currently exist.) 

SECTION 4.Emergency clause.