SRC-BWC H.B. 2856 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2856
77R12424 GJH-DBy: Martinez Fischer (Armbrister)
Criminal Justice
5/9/2001
Engrossed


DIGEST 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.  H.B. 2856 clarifies that a bail bond
surety may not advertise as a surety without holding a bail bond surety
license and listing in the advertisement the county or counties in which
the license is held and increases the penalty for failure to do so.  

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 Sections 1704.303(b) and (c), Occupations Code, to
prohibit a person from advertising as a bail bond surety unless the person
holds a license issued under this chapter and lists in the advertisement
the county or counties in which the person holds a bail bond surety
license.   

SECTION 2.  Effective date: September 1, 2001.

SECTION 3.  Makes application of this Act prospective.