Bail Bond Laws in Texas

Texas State Attorney General

 Cumulative Subject Index
AG Opinions 1990-Present


BAIL AND BAIL BOND REGULATION 

Abandoned  property, whether cash bail bonds and unclaimed liquidated certificates  of deposit securing execution of bail bonds on cases that were never  filed becomeJC-0195Advertising  by a bail bond licensee's exclusive advertising in a magazine that is  distributed to pretrial detainees held in the county jail could  constitute unlawful "solicitation" in violation of Texas Occupations  Code section 1704.304(c)GA-1019Agents  or attorneys-in-fact, authority of a sheriff in a county without a bail  bond board to require a surety to personally sign a bond and to  prohibit an attorney-in-fact from signing a bond on the surety's behalfGA-0288Alternate  licensed bail bond surety to serve on county bail bond board when  licensed bail bond surety representative is unable to attend meetings,  board may not permitJC-0428Applicant  for license as bail bond surety may submit evidence of the value of  real property to be executed in trust to the county bail bond boardJC-0366Assumed name recently abandoned by licensee, bail bond board may grant license to applicant who will useLO97-050Assumed  name, in county with a bail bond board, a corporate surety may not use  more than one assumed name, but may operate through various individual  agents, each using a different assumed nameGA-0135Assumed  name, in county with a bail bond board, individual who acts as a bail  bond surety or as an agent for a corporate surety may operate under an  assumed name, but may not use more than one assumed nameGA-0135Assumed names, bail bond board is not authorized to regulate individual bondsmen's use of but may regulate certain prohibitedLO98-068Assumed  names, use of by corporate sureties and their agents is regulated by  the Department of Insurance, not by county bail bond boardLO98-068Attorney  acting as surety for a client in municipal court, judge must require  evidence of the sufficiency of the security offered as provided by  chapter 17 of the Code of Criminal ProcedureJC-0277Attorney advertisements in bail bond section of telephone yellow pages, permissibility under Bail Bond ActJC-0008Attorneys,  authority of county bail bond board to disqualify an attorney from  executing bail bonds under the provision exempting attorneys from  general licensing requirement for bail bond suretiesGA-0197Bail bond board authority to regulate advertising by attorneys not licensed as bondsmen who write bail bonds for clientsJC-0008Bail bond board, authority to dissolveGA-0663Bail  bond board, authority to question appraisal value of real estate,  obtain independent appraisal of real estate, require real estate to be  located within county, and to require renewal application to include  current appraisalsDM-0264Bail  bond requisites, authority of a sheriff in a county without a bail bond  board to require a surety to personally sign a bond and to prohibit an  attorney-in-fact from signing a bond on the surety's behalfGA-0288Bail bond surety may not recommend any attorney or law firm to a personGA-0089Bond  forfeiture collections, Government Code section 41.005 authorizes a  district attorney to separate a portion of as a commission without  approval of the commissioners courtGA-0997Bondsmen representative on county bail bond board, corporate surety casts only one vote forDM-0224Business  name change during bail bond license period, authority of bail bond  board to require licensee to apply for new or amended licenseLO97-050Case-by-case basis, after a person has appeared before a magistrate amount of bail must be determined on aDM-0057Cash bail bond, a county is not entitled to deduct a fee for accounting and administrative expense from the return of aGA-0960Cash bail bond, authority of district clerk to accept assignment of to pay fines and costsGA-0773Cash bail bond, funds may not be withheld to pay fines assessed against defendantJC-0024Cash bail bond, requirements for receiving and refunding when cash deposited by person other than defendantJC-0024Cash  bail bond, section 117.055 of the Local Government Code authorizes  county or district clerk to withhold administrative fee from return of  funds deposited with clerk as cash bail bondJC-0163Cash  paid in lieu of bail bond, clerk of district court may deposit in  account separate from general account of county if so ordered by court  or other authorityDM-0282Code  of Criminal Procedure articles 17.16 and 17.19, after a person makes  bail but before a formal charging instrument is filed in the county,  county court-at-law or district court, prosecution is pending before the  magistrate who properly received a complaint against the accused underGA-1021Collection of bond forfeiture judgment in Collin County within exclusive purview of criminal district attorneyLO97-089Commission  on bond forfeiture collection shall be deposited in the county treasury  in a fund to the credit of the person or department collecting the  moneyGA-0997Commission  on bond forfeiture collection, how to use, commissioners court may  determine subject to any other legal restrictions on its authorityGA-0997Conflict  of interest, sheriff�s duties with respect to acceptance of bonds and  to bail bond forfeiture when the sheriff�s stepson and the stepson�s  spouse are agents of a bail bond companyGA-0784Corporate applicant for bail bondsman license, required security, amount, and termDM-0264Corporate bail bond sureties must apply for separate licenses and deposit separate security for each agent in a countyGA-0165Corporate bondsman, limit on total value of bonds issued byDM-0264Corporate surety, a county bail bond board may not require separate letter of credit for each licensed agentJC-0128Corporate surety, county bail bond board may issue multiple agent licenses toDM-0224County  attorney with criminal jurisdiction may, pursuant to section 41.005,  Government Code, retain a commission on bond forfeiture collectionKP-030County judge is prohibited by oath of office from acting as surety on bail bond in the countyJC-0121Court and jail personnel may not recommend any bail bond surety to another personGA-0089Court or magistrate before which prosecution is "pending" for filing affidavit of surety to surrender bond principalLO98-066Default  on bond in another county, sheriff in county with bail bond board may  not refuse bond of bondsman licensed in the county on the basis ofJC-0019Display  of advertising or licensee information on a vehicle in the parking lot  of the county jail, section 1704.304(c) of the Occupations Code, does  not prohibit a bail bond licensee�s  Advertising of bail bonds under section 1704.101 of the Occupations  Code, county bail bond board may regulateGA-0502El  Paso County Bail Bond Board without authority to employ private counsel  for legal advice without consent of El Paso county attorneyGA-0074El  Paso County Bail Bond Board, justice of the peace member should be  selected by and from among eligible justices of the peace of the county  by any reasonable methodJC-0496Eligibility  of a person who was convicted of a misdemeanor involving moral  turpitude but who received "judicial clemency" to act as a bail bond  suretyGA-1087Employees  of bail bondsmen, board rule imposing restrictions on employment beyond  those established by statute exceed authority of bail bond boardGA-0895Employment  of felon by bonding business, person exempted from application of  statute forbidding does not lose exemption simply because business  changes handsJC-0534Enforcement  of a bond, in the bail bond forfeiture context a court may hold an  individual surety liable on bond even though the surety did not  personally sign itGA-0288Expiration  of licenses and license renewal, the number of years a license holder  held a former license may not be used to determine how many years the  person has held his or her current license or when the license holder's  current license expiresGA-0344Failure  to regularly attend meetings of the El Paso County Bail Bond Board,  commissioners court nor the bail bond board may remove members forJC-0496Fee imposed on bail bond sureties for prosecutor longevity pay and indigent defense, surety's entitlement to a refundGA-0207Fee of $20, sheriff may not impose for release of inmate at the time a bail bond is filedJM-1172Fee, bail bond board may not charge for each bail bond executed by licensed bondsmanLO90-025Fee, county bail bond board may not impose on bonding companies to pay for the cost of hiring a bail bond administratorGA-0735Fees  collected by county bail bond board and placed in county general fund  may be used only to administer and enforce Bail Bond ActLO94-068Financial  capacity to issue bonds, bail bond executed in county where bondsman is  licensed to secure release of person held on out-of-county warrant is  included in calculation ofGA-0002Forfeiture  of bail bond is not subject to fee collected on the filing of a civil  suit or fee collected on conviction of criminal offenseGA-0486Funds deposited as a cash bail bond, clerk is required to charge administrative fee for the return ofGA-0436Interest  earnings on cash bail bonds and unclaimed liquidated certificates of  deposit securing execution of bail bonds deposited with sheriff on cases  that were never filed, disposition ofJC-0195Interest on cash paid in lieu of bail bond is property of baileeDM-0282Interview  of persons in detention facilities by employees of personal bond  office, applicability of chapter 1704 of the Occupations CodeGA-0381Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for clientJC-0277Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorneyJC-0528Letter  of credit as cash equivalent, applicant for license to execute bail  bonds may satisfy statutory financial security requirement by submittingJM-1245Licensed by county's bail bond board, to act as bail bondsman in that county person must beDM-0059Licensing  eligibility requirements for sureties, newly enacted work-experience  and course-work requirements for bail bond licensees do not apply to an  application for an original license filed with the county bail bond  board prior to the new law's effective dateJC-0479Licensing  eligibility, relative who inherits bail bond business from deceased  licensee and applies for a bail bond license is excepted only from  work-experience and course-work eligibility requirements; bail bond  board may not adopt rule extending this exJC-0472Licensing  eligibility, relative who inherits bail bond business from deceased  licensee must obtain his or her own bail bond license and is only  excepted from the work-experience and course-work eligibility  requirementsJC-0472Licensing of bondsmen in county that does not have a bail bond board, sheriff is not authorized to imposeLO98-105Licensing of same person as individual bondsman and agent for corporate suretyLO96-019Licensing, bail bond board is not authorized to issue multiple bail bond licenses to an individualLO96-044List  of preapproved bondsmen, sheriff in a county that does not have bail  bond board is not authorized to post in the county jailJC-0541Magistrate may not attach financial condition to personal bond or authorize deposit of less than full amount of bond in cashGA-0048Members  of El Paso County Bail Bond Board, members appointed or selected by  others serve at the pleasure of the appointing or selecting authorityJC-0496Members  of El Paso County Bail Bond Board, members who are members by virtue of  their elective office serve on board for duration of their parent  officeJC-0496Moral  turpitude, bail bond surety who is convicted of soliciting clients  inside detention facility has not committed crime of "moral turpitude"GA-0299Municipal  police officer may accept bond for non-municipal offense at location  other than county jail pursuant to bond documents prepared by the county  sheriff's departmentJM-1217Municipal  police officer may set bail for an individual arrested on a misdemeanor  charge; and may set bail for a defendant arrested on a felony charge  unless the case is pending before a courtGA-0457Occupations  Code section 1704.163, if felony conviction resulted from conduct  involved with practice of executing bail bond or acting as surety, bail  bond board may use felony conviction to suspend or revoke authorization  granted to an attorney underGA-0971Occupations  Code subsection 1704.163(b), bail bond board must determine how  attorney may remedy the felony conviction and whether such remedial  action has occurred in a given instance underGA-0971Personal bond office, court before which case is "pending" for purpose of reportLO97-103Personal bond, authority of personal bond office to hold personal property required by a magistrate as security onDM-0073Posting bail bond surety referral telephone number in detention facilitiesGA-0381Pre-set bail bond amounts, magistrate may not by posting schedule at county jailDM-0057Property  Code section 52.006, if the county has obtained a bail bond forfeiture  judgment in favor of the state, that judgment does not become dormant  underGA-0903Renewal  of licenses, bail bond board does not have authority to temporarily  extend bail bond surety license expiration dates by ruleGA-0575Reserve  deputy sheriff may act as a surety on a bail bond in county governed by  chapter 17, Code of Criminal Procedure, provided the surety and bond  otherwise satisfy statutory requirementsKP-132Revoke  or suspend a bail bond surety�s license for a violation of Occupations  Code section 1704or a rule adopted under that chapter, the bail bond  board of the licensing county may with respect to a bond executed on a  warrant issued by another countyGA-0667Security  deposit required by section 6(f) of article 2372p-3, Revised Civil  Statutes, county bail bond board is without authority to depart from  requirement that applicant for bail bondsman license submitDM-0108Security  deposit requirements for sureties licensed after September 1, 1999,  noncorporate bail bond surety in county in which bail bond board created  after 1999 was not licensed prior to board's creation and must comply  withGA-0058Security  deposited by licensed  bondsman to secure bail bonds, county bail bond  board is authorized to adopt rule providing for release but rule may not  permit bondsman to reduce security to an amount less than that required  by Occupations Code section 17GA-0011Security  ratio limiting amount of bonds a license holder may execute, a bail  bond board may not consider an individual bail bond surety's former  license or a license from another county in determining the applicable  bail bond limitGA-0344Security,  form of collateral required to meet security amount requirements under  Occupations Code section 1704.160 for bail bond surety license holders  in counties with bail bond boardsGA-0977Security-to-bail-bond  ratio set by bail bond statute, county bail bond board may not alter by  raising or lowering amount of required securityLO93-021Set bail over the telephone, when person has not yet appeared before magistrate justice of the peace may notDM-0057Sheriff may not accept bail on offense committed in the county while accused is jailed in another state GA-0515Sheriff may not accept bond from bondsman who is not licensed by that county's bail bond boardDM-0059Sheriff's authority to determine sufficiency of security of bond executed by attorney for clientDM-0483Sheriff's authority to maintain and manage cash bail bonds deposited on cases that were never filedJC-0195Sheriff's authority to require individual surety to post collateralDM-0483Signs  in detention facilities, applicability of chapter 1704 of the  Occupations Code to signs in detention facilities about bail bonds,  personal bonds, and personal bond officeGA-0381Split bond, magistrate may not require bailable defendant to provide, i.e., part personal bond and part bail bondJC-0215Surety, attorney not licensed as bail bondsman may act as only for clientLO93-063Surety, magistrate may not require bailable defendant to provide bail bond backed by a suretyJC-0215Texas  Code of Criminal Procedure article 17.22, any person who has signed as a  surety on a bail bond and is in default thereon is prohibited from  subsequently signing as a surety in a county without a bail bond board  until the default is rectified underGA-0903Title insurance or title option, county bail bond board may not require applicant to provideLO97-102Violation  of community supervision, court having geographical jurisdiction where  defendant resides or where violation occurs may issue warrant and set  bail for defendantLO98-021