SRC-JEC H.B. 451 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 451
By: Talton (Brown, J. E. "Buster")
Jurisprudence
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Currently, in personal bond offices, an employee must be a notary public to
administer an oath to a defendant in a trial. Because of the volume of
oaths administered, many employees must be notaries public to ensure that
the oath to a defendant is witnessed 24 hours a day at multiple locations.
In Harris County alone, personal bond office employees administer roughly
60,000 personal bond oaths each year while preparing the necessary
paperwork for a defendant's initial court hearing.  H.B. 451 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.  

RULEMAKING AUTHORITY

This bill does not expressly 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. 

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. 

SECTION 3.  Effective date: upon passage or September 1, 2001.