HBA-SEB H.B. 248 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 248
By: Puente
Criminal Jurisprudence
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the surety of a bail bond is not obligated to give notice to the
principal or the principal's attorney of the surety's intent to surrender
the principal of that bond.  This may lead to the expenditure of court an
law enforcement resources in any re-arrest of the principal and a
subsequent bond hearing necessitated by the surety's action.  H.B. 248
requires the surety to give notice of intent to surrender the principal to
the principal or the principal's attorney. 

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 Article 17.19(a), Code of Criminal Procedure, as follows:

(a)  Specifies that a surety of a bail bond who intends to surrender his
principal, the defendant, first notify the principal or the principal's
attorney of that intention in a manner provided by Rule 21a, Texas Rules of
Civil Procedure (Methods of Service).  Requires the affidavit filed before
the court or magistrate which documents the intention to also state that
notice of the intention was given as required by this subsection.  Makes
conforming and nonsubstantive changes.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.