HBA-NLM H.B. 830 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 830
By: Talton
Criminal Jurisprudence
3/16/1999
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. 830 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.