By: Murr H.R. No. 2076     R E S O L U T I O N            BE IT RESOLVED by the House of Representatives of the State of   Texas, 87th Legislature, Regular Session, 2021, That House Rule 13,   Section 9(a), be suspended in part as provided by House Rule 13,   Section 9(f), to enable the conference committee appointed to   resolve the differences on House Bill 20 (rules for setting the   amount of bail, to the release of certain defendants on a monetary   bond or personal bond, to related duties of certain officers taking   bail bonds and of a magistrate in a criminal case, to charitable   bail organizations, and to the reporting of information pertaining   to bail bonds) to consider and take action on the following matters:          (1)  House Rule 13, Section 9(a)(4), is suspended to permit   the committee to add text on a matter not included in either the   house or senate version of the bill in SECTION 4 of the bill, in   added Articles 17.021(b), (d), (e), and (f), Code of Criminal   Procedure, to read as follows:          (b)  The public safety report system must:                (1)  state the requirements for setting bail under   Article 17.15;                (2)  incorporate a form that must be signed by the   person setting bail and that lists each factor provided by Article   17.15(a) and requires the person setting bail to certify on the form   that the person considered each of those factors;                (3)  provide information on the eligibility of the   defendant for a personal bond;                (4)  provide, in summary form, the criminal history of   the defendant;                (5)  provide information regarding the applicability   of any required or discretionary bond conditions; and                (6)  collect information on the bail decision.          (d)  The public safety report system may not:                (1)  be the only item relied upon by a judge or   magistrate in making a bail decision; or                (2)  include a score, rating, or assessment of a   defendant's risk or make any recommendation regarding the   appropriate bail for the defendant.          (e)  As a component of the public safety report system, the   office shall electronically collect each form completed under   Subsection (b)(2) and shall use those forms to collect data   regarding the number of defendants for whom bail was set during the   preceding state fiscal year, including:                (1)  the number for each category of offense;                (2)  the number of personal bonds; and                (3)  the number of monetary bonds.          (f)  Not later than December 1 of each year, the office shall   submit a report containing the data collected from the public   safety report system during the preceding state fiscal year to the   governor, the lieutenant governor, the speaker of the house of   representatives, and the presiding officers of the standing   committees of each house of the legislature with jurisdiction over   the judiciary.          Explanation:  This change is necessary to clarify the   requirements of the public safety report system.          (2)  House Rule 13, Section 9(a)(4), is suspended to permit   the committee to add text on a matter not included in either the   house or senate version of the bill in SECTION 5 of the bill, in   added Article 17.03(b-2), Code of Criminal Procedure, to read as   follows:          (b-2)  Notwithstanding any other law, a defendant may not be   released on personal bond if the defendant:                (1)  is charged with an offense under the following   provisions of the Penal Code:                      (A)  Section 19.02 (murder);                      (B)  Section 19.03 (capital murder);                      (C)  Section 20A.02 (trafficking of persons);                      (D)  Section 20A.03 (continuous trafficking of   persons);                      (E)  Section 21.02 (continuous sexual abuse of   young child or children);                      (F)  Section 21.11 (indecency with a child);                      (G)  Section 22.01(a)(1) (assault), if the   offense is punishable as a felony of the second degree under   Subsection (b-2) of that section;                      (H)  Section 22.02 (aggravated assault);                      (I)  Section 22.021 (aggravated sexual assault);                      (J)  Section 25.072 (repeated violation of   certain court orders or conditions of bond in family violence,   child abuse or neglect, sexual assault or abuse, indecent assault,   stalking, or trafficking case);                      (K)  Section 25.11 (continuous violence against   the family);                      (L)  Section 38.14 (taking or attempting to take   weapon from peace officer, federal special investigator, employee   or official of correctional facility, parole officer, community   supervision and corrections department officer, or commissioned   security officer);                      (M)  Section 43.04 (aggravated promotion of   prostitution);                      (N)  Section 43.05 (compelling prostitution); or                      (O)  Section 43.25 (sexual performance by a   child); or                (2)  while released on bail or community supervision   for an offense listed in Subdivision (1), is charged with   committing:                      (A)  an offense under the following provisions of   the Penal Code:                            (i)  Section 22.01(a)(1) (assault);                            (ii)  Section 22.05 (deadly conduct);                            (iii)  Section 22.07 (terroristic threat);   or                            (iv)  Section 42.01(a)(7) or (8) (disorderly   conduct involving firearm); or                      (B)  any offense punishable as a felony.          Explanation:  This change is necessary to clarify which   persons are ineligible to be released on personal bond.          (3)  House Rule 13, Section 9(a)(4), is suspended to permit   the committee to add text on a matter not included in either the   house or senate version of the bill in SECTION 7 of the bill, in   added Article 17.15(a)(6), Code of Criminal Procedure, to read as   follows:          6.  The criminal history record information for the   defendant, including information obtained through the statewide   telecommunications system maintained by the Department of Public   Safety and through the public safety report system developed under   Article 17.021, shall be considered, including any acts of family   violence, other pending criminal charges, and any instances in   which the defendant failed to appear in court following release on   bail.          Explanation:  This change is necessary to explain the   responsibilities of a person setting bail with respect to a   defendant's criminal history.          (4)  House Rule 13, Section 9(a)(4), is suspended to permit   the committee to add text on a matter not included in either the   house or senate version of the bill in SECTION 10 of the bill, in   added Article 17.50(h), Code of Criminal Procedure, to read as   follows:          (h)  The clerk of the court is not required to send a copy of   an order under Subsection (a) if the Office of Court Administration   of the Texas Judicial System develops a means to cause a notice of   conditions of release on bond to be electronically delivered to the   applicable parties required by that subsection.          Explanation:  This change is needed to provide for an   alternative means of delivery for certain notices.