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


Office of House Bill AnalysisC.S.H.B. 2856
By: Martinez Fischer
Criminal Jurisprudence
4/23/2001
Committee Report (Substituted)



BACKGROUND 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.  C.S.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

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

C.S.H.B. 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 (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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2856 modifies the original by prohibiting 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, whereas the original prohibited a person
from advertising as a surety in a county unless the person held a license
issued by a bail bond board in that county.