Texas House Bill HB1823

Texas 2011 - 82nd Regular

• Introduced: 2/24/11
• Out of House Committee: 4/8/11
• Voted on by House: 4/27/11
• Refer: 3/10/11
• Out of Senate Committee: 5/19/11
• Report Pass: 4/4/11
• Voted on by Senate: 5/25/11
• Engrossed: 4/27/11
• Governor Action: 6/17/11
• Refer: 5/3/11
• Report Pass: 5/19/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to the authority of certain persons to execute bail bonds and act as sureties.

Impact

In terms of its impact on state laws, the bill seeks to enhance the accountability and regulation of bail bonds through clearly defined guidelines about the execution of power of attorney. This measure is considered crucial in ensuring that only duly authorized individuals within a corporation can engage in such activities, which may help in mitigating potential fraud or misconduct associated with bail bonding practices. Furthermore, the bill sets forth specific conditions under which individuals cannot act as surety, particularly those with convictions involving moral turpitude or felonies, thus reinforcing the integrity of the bail system.

Summary

House Bill 1823 proposes amendments to the Code of Criminal Procedure regarding the authority of certain persons to execute bail bonds and act as sureties. The bill specifically requires that any corporation authorized to act as a surety must file a power of attorney with the county clerk before executing bail bonds. This power of attorney should designate the agents who are authorized to handle the execution of such bonds, thereby formalizing the process through which these corporate sureties operate in the bail system.

Contention

The discussions surrounding HB 1823 highlight concerns regarding the exceptions and limitations set forth in the bill. The stipulations regarding the disqualification of individuals with prior convictions could lead to debates about fairness and the potential for unjust exclusion of persons who have rehabilitated. Additionally, while the bill aims to streamline the surety bonding process, some may argue that it could inadvertently increase barriers for agents attempting to operate within the bail bond industry. This balance between regulatory oversight and accessibility for sureties may become a point of contention during the legislative process.