HBA-EDN H.B. 2856 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2856
By: Martinez Fischer
Criminal Jurisprudence
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the licensure of bail bond sureties (surety) is
conferred by each individual county's bail bond board to ensure that
licensees abide by local court rules and procedures and to verify that
licensees have sufficient assets against which to pledge their bonds.  A
county bail bond board has the authority to supervise and regulate each
phase of the bonding business in the county.  This ensures that licensed
sureties are in compliance with and aware of local practices.  There is
some ambiguity regarding whether a surety may advertise in a county in
which the surety is not licensed.  House Bill 2856 clarifies that a bail
bond surety may not advertise in a county without holding a license in that
county and increases the penalty for failure to do so.        

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. 

ANALYSIS

House Bill 2856 amends the Occupations Code to prohibit a person from
advertising as a bail bond surety in a county unless the person holds a
license issued by a bail bond board in that county (license) to act as a
surety.  The bill increases the penalty from a Class C to a Class B
misdemeanor for a person who executes a bail bond or advertises as a bail
bond surety without a license.  

EFFECTIVE DATE

September 1, 2001.