81R10723 SJM-F
By: Phillips H.B. No. 3279
A BILL TO BE ENTITLED
AN ACT
relating to the discharge of a surety's liability on a bail bond.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.16(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A surety may before forfeiture relieve the surety
[himself] of the surety's [his] undertaking by:
(1) surrendering the accused into the custody of the
sheriff of the county where the prosecution is pending; or
(2) delivering to the sheriff of the county where the
prosecution is pending an affidavit stating that the accused is
incarcerated in that jurisdiction [federal custody, in the custody
of any state, or in any county of this state].
SECTION 2. The change in law made by this Act to Article
17.16(a), Code of Criminal Procedure, applies only to a bail bond
that is executed on or after the effective date of this Act. A bail
bond executed before the effective date of this Act is governed by
the law in effect when the bail bond was executed, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.