SRC-ARR H.B. 1167 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1167
76R2199 DAK-FBy: Thompson (Ellis)
Jurisprudence
5/10/1999
Engrossed


DIGEST 

Currently, a personnel bond must contain on 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. H.B. 1167 would
authorize an employee of a personal bond office to administer oaths or take
acknowledgment or proof of a written instrument from personal bond
applicants. 

PURPOSE

As proposed, H.B. 1167 authorizes an employee of a personal bond office to
administer oaths or take acknowledgment or proof of a written instrument
from personal bond applicants.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 602.002, Government Code, to authorize an oath
made in this state to be administered and a certificate of the fact given
by an employee of a personal bond office if the oath is required or
authorized by Article 17.04, Code of Criminal Procedure. Makes conforming
changes.  

SECTION .2 Amends Section 121.001(a), Civil Practice and Remedies Code, to
authorize an acknowledgment or proof of a written instrument to be taken in
this state by an employee of a personal bond office if the acknowledgment
or proof of a written instrument is required or authorized by Article
17.04, Code of Criminal Procedure. Makes conforming changes. 

SECTION 3. Emergency clause.
                      Effective date: upon passage.