SRC-AXB S.B. 798 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 798
76R2199  DAK-FBy: Ellis
Jurisprudence
3/26/1999
As Filed


DIGEST 

Currently, a personal bond must contain a sworn and signed oath
administered by an official notary public.  A great amount of
state-mandated training time and approximately $10,000 per year is
dedicated to ensuring that all pretrial interviewers are notary publics.
However, 90 to 95 percent of the notaries public use their commission
solely for personal bond oath administration.  Additionally, turnover of
the notary public position is relatively high, requiring significant
expenditures to train the approximately 22 new hires each year.  S.B. 798
authorizes a personal bond office employee to administer oaths to personal
bond applicants. 

PURPOSE

As proposed, S.B. 798 authorizes an employee of a personal bond office to
take certain action relating to oaths and proof of written instruments. 

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
employee of a personal bond office to administer an oath and a certificate,
if the oath is required 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 employee of a personal bond office to take an acknowledgment
or proof of a written instrument, if required by Article 17.04, Code of
Criminal Procedure. 

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