C.S.H.B. 2729 78(R)    BILL ANALYSIS


C.S.H.B. 2729
By: Talton
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Section 1704 of the Occupations Code governs the powers, duties and
responsibilities of bail bond boards and the regulation, professional
requirements and conduct of bail bond sureties. The 76th Legislature
codified the Bail Bond Act into the Occupations Code, and the 77th
Legislature adopted numerous amendments to the code. The purpose of
C.S.H.B. 2729 is to clarify many areas of the code to address problems or
ambiguities in current law. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 2729 modifies the definition of "bonding business" and defines
"final judgment" for purposes of bond forfeitures, clarifies who may serve
on the bail bond surety board, creates a uniform system for electing
surety representation to the board including clarifying who may vote on
board matters, specifies the duties and obligations required of boards and
licensees, imposes advertising and solicitation restrictions, and provides
for the maintenance and inspection of bail bond records. The bill
clarifies who is eligible for a license, refines the application and
renewal process, including specifying the grounds under which an
application can be rejected, suspended or reinstated and provides
instructions for action of the bail bond board if a bail bond surety fails
to pay a final judgement. The bill clarifies when a final judgement should
be paid and how a person executing a bail bond may surrender the principal
for whom the bond is executed. Finally, C.S.H.B. 2729 specifies how long
and for what reasons a bail bond surety may hold security for the payment
of a bail bond fee or the principal's appearance in court. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies several sections of the bill, further clarifying
existing ambiguities.  The substitute modifies the definitions of "bonding
business" and "final judgement," clarifies that a bail bond surety or
agent for a corporate surety may serve on the bail bond board, and removes
the election of an alternate representative of licensed bail bond sureties
to serve on the bail bond board included in the filed version of the bill.
The bill also adds language regulating the solicitation of business for
bail bond sureties, specifies that criminal law courses taken to satisfy
license requirements must be taken in person, and changes other procedures
in licensing new bail bond agents and sureties. The substitute provides
instructions for action of the bail bond board if a bail bond surety fails
to pay a final judgement, clarifies when a final judgement should be paid
and how a person executing a bail bond may surrender the principal for
whom the bond is executed.  The substitute also adds a section that
specifies procedure of a board if a bail bond surety fails to pay a final
judgement.  Finally, the substitute removes the ability to file a petition
in Travis County and how long and for what reasons a bail bond surety may
hold security for the payment of a bail bond fee.