HBA-SEB H.B. 248 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 248 By: Puente Criminal Jurisprudence 2/11/1999 Introduced BACKGROUND AND PURPOSE Currently, the surety of a bail bond is not obligated to give notice to the principal or the principal's attorney of the surety's intent to surrender the principal of that bond. This may lead to the expenditure of court an law enforcement resources in any re-arrest of the principal and a subsequent bond hearing necessitated by the surety's action. H.B. 248 requires the surety to give notice of intent to surrender the principal to the principal or the principal's attorney. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.19(a), Code of Criminal Procedure, as follows: (a) Specifies that a surety of a bail bond who intends to surrender his principal, the defendant, first notify the principal or the principal's attorney of that intention in a manner provided by Rule 21a, Texas Rules of Civil Procedure (Methods of Service). Requires the affidavit filed before the court or magistrate which documents the intention to also state that notice of the intention was given as required by this subsection. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.