HBA-NMO, KMH H.B. 3456 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3456
By: Hinojosa
Criminal Jurisprudence
7/26/1999
Enrolled


BACKGROUND AND PURPOSE 

State law requires that bail bondsmen be licensed and regulated by bail
bond boards, but only in counties with a population of at least 110,000
people. Prior to the 76th Legislature, bail bondsmen were otherwise largely
unregulated in the 240 counties with a population under 110,000 people.
H.B. 3456 provides regulations for bail bondsmen based on a bondsman's
years of service in the field. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6, Chapter 550, Acts of the 63rd Legislature,
Regular Session, 1973 (Article 2372p-3, V.T.C.S.)  by amending Subsections
(g) and (h) and adding Subsections (i)-(k), as follows: 

(g) Makes conforming changes. 

(h) (1) Prohibits a bondsman who holds a license originally issued on or
after September 1, 1999, and who: 

(1) has been licensed for fewer than two years or has had a license under
this Act suspended or revoked from executing bail bonds that in the
aggregate exceed ten times the value of property held as security under
Subsection (f)(1) of this section plus five times the value of property
held in trust under Subsection (f)(2) of this section. 

(2) has been licensed for at least two years and fewer than four years from
executing bail bonds that in the aggregate exceed ten times the value of
property held as security under Subsection (f)(1) of this section plus six
times the value of property held in trust under Subsection (f)(2) of this
section. 

(3) has been licensed for at least four years and fewer than six years from
executing bail bonds that in the aggregate exceed ten times the value of
property held as security under Subsection (f)(1) of this section plus
eight times the value of property held in trust under Subsection (f)(2) of
this section. 

(4) has been licensed for at least six years from executing bail bonds that
in the aggregate equal ten times the value of property held as security
under Subsection (f)(1) of this section plus ten times the value of
property held in trust under Subsection (f)(2) of this section. 

(i) Provides that the prohibition imposed by Subsection (h)(1) controls if
a bondsman is covered by Subsection (h)(1) because the bondsman has had a
license under this Act suspended or revoked and is also covered by
Subsection (h)(2), (3), or (4).  

(j) Makes a conforming change.
 
(k) Redesignated from existing Subsection (h).

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.