HBA-EDN H.B. 2856 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2856
By: Martinez Fischer
Criminal Jurisprudence
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Under current law, the licensure of bail bond sureties 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 was some ambiguity regarding whether a
surety may advertise in a county in which the surety is not licensed.
House Bill 2856 provides 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

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. 

ANALYSIS

House Bill 2856 amends the Occupations Code to prohibit a person from
advertising as a bail bond surety unless the person holds a bail bond
surety license and lists in the advertisement the county or counties in
which the person holds a license.  The bill increases the penalty from a
Class C to a Class B misdemeanor for a person who executes a bail bond
without a license or advertises as a bail bond surety in violation of these
provisions.  

EFFECTIVE DATE

September 1, 2001.