Texas 2013 - 83rd Regular

Texas House Bill HB1562

Filed
 
Out of House Committee
 
Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 

Caption

Relating to notice provided when a bail bond surety is in default.

Impact

The impact of HB 1562 on state laws is significant as it enhance accountability among bail bond sureties. By requiring written notification of defaults to local law enforcement, the bill seeks to streamline the bail bond process and improve communication between courts and law enforcement agencies. Furthermore, the amendment applies only to bail bonds executed after the effective date of the bill, meaning existing bonds will not be affected by these new requirements. This provision is crucial in easing the transition for those already engaged in the bail bond system under the previous rules.

Summary

House Bill 1562 addresses the notice requirements for bail bond sureties when a default occurs. The bill amends Article 17.11 of the Code of Criminal Procedure to establish clearer protocols regarding the notification process when a bail bond surety defaults. Notably, the clerk of the court is mandated to notify local law enforcement officials in writing, ensuring that necessary parties are informed of any bail bond issues promptly. Additionally, the bill stipulates that a surety is considered in default from the moment a judgment has been issued in a bond forfeiture proceeding unless it is superseded by a new bond.

Contention

While the bill received broad support in the legislature, some concerns were raised regarding the potential burden on sureties. Critics suggested that requiring certified mail notifications may slow the process or create additional administrative burdens for clerks and law enforcement agencies. However, supporters countered that the benefits of improved communication and clearer protocol significantly outweigh these concerns, ultimately leading to a stronger, more efficient bail bond system. Overall, the balance struck by the bill seems to prioritize effective law enforcement collaboration while still maintaining checks on the bail bond system's operatives.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1151

Relating to the authority of corporations to act as sureties on bail bonds.

TX HB227

Relating to the authority of corporations to act as sureties on bail bonds.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB4546

Relating to rules for issuing receipts pertaining to bail bonds.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2821

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB1709

Relating to a special bill of review to reform a final judgment of forfeiture of a bail bond.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB3952

Relating to the jurisdiction of courts in cases of forcible entry and detainer and forcible detainer.

TX SB1516

Relating to the procedures for an application for a writ of habeas corpus and the issuance of the writ.

Similar Bills

No similar bills found.