BILL ANALYSIS

H.B. 1562

By: Harless

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, a person who has signed on as a surety on a bail bond and is in default on payment of the bond is subsequently disqualified to sign as a surety until the bond is paid.  Interested parties contend that this disqualification was intended as a tool for counties to ensure that default bond payments are handled in a timely manner. The law also requires the clerk of the court in which the surety is in default to notify certain law enforcement officers of the default, but does not require notice to the surety. The parties note that payments cannot be properly managed if the surety is not aware of the default on the bond. H.B. 1562 seeks to remedy this situation by requiring notice of the default to be mailed to the surety.

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

H.B. 1562 amends the Code of Criminal Procedure to require the clerk of a court where a surety is in default on a bail bond for an offense other than a Class C misdemeanor to send notice of the default by certified mail to the last known address of the surety.

EFFECTIVE DATE

September 1, 2013.