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Texas Code of Criminal Procedure - Article 17.08. Requisites Of A Bail Bond

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.08. Requisites Of A Bail Bond

Art. 17.08. [273] [321] [309] REQUISITES OF A BAIL BOND.  A 
bail bond must contain the following requisites:
	1. That it be made payable to "The State of Texas";                            
	2. That the defendant and his sureties, if any, bind 
themselves that the defendant will appear before the proper court 
or magistrate to answer the accusation against him;
	3. If the defendant is charged with a felony, that it state 
that he is charged with a felony.  If the defendant is charged with a 
misdemeanor, that it state that he is charged with a misdemeanor;
	4. That the bond be signed by name or mark by the principal 
and sureties, if any, each of whom shall write thereon his mailing 
address;
	5. That the bond state the time and place, when and where the 
accused binds himself to appear, and the court or magistrate before 
whom he is to appear.  The bond shall also bind the defendant to 
appear before any court or magistrate before whom the cause may 
thereafter be pending at any time when, and place where, his 
presence may be required under this Code or by any court or 
magistrate, but in no event shall the sureties be bound after such 
time as the defendant receives an order of deferred adjudication or 
is acquitted, sentenced, placed on community supervision, or 
dismissed from the charge;
	6. The bond shall also be conditioned that the principal and 
sureties, if any, will pay all necessary and reasonable expenses 
incurred by any and all sheriffs or other peace officers in 
rearresting the principal in the event he fails to appear before the 
court or magistrate named in the bond at the time stated therein.  
The amount of such expense shall be in addition to the principal 
amount specified in the bond.  The failure of any bail bond to 
contain the conditions specified in this paragraph shall in no 
manner affect the legality of any such bond, but it is intended that 
the sheriff or other peace officer shall look to the defendant and 
his sureties, if any, for expenses incurred by him, and not to the 
State for any fees earned by him in connection with the rearresting 
of an accused who has violated the conditions of his bond.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.  
Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 1, eff. Sept. 1, 
1999.

Last modified: August 10, 2007