Texas Occupations Code Title 10, Chapter 1704 - Regulation Of Bail Bond Sureties

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1704.001 - Definitions
  In this chapter: (1) "Bail bond" means a cash deposit, or similar deposit or written undertaking, or a bond or other security, given to guarantee...

SUBCHAPTER B COUNTY BAIL BOND BOARDS

• Texas Section 1704.002 - Application Of Chapter
  This chapter applies only in a county with a population of: (1) 110,000 or more; or (2) less than 110,000 in which a board is...
• Texas Section 1704.051 - Mandatory Creation Of Board
  A board is created in each county with a population of 110,000 or more. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,
• Texas Section 1704.052 - Discretionary Creation Of Board
  A board may be created in a county with a population of less than 110,000 if: (1) a majority of the persons who would serve...
• Texas Section 1704.053 - Board Composition
  A board consists of: (1) the sheriff or a designee from the sheriff's office who must be the sheriff's administrator or a deputy sheriff of...
• Texas Section 1704.0535 - Election Of Certain Bail Bond Board Members
  (a) The board shall annually conduct a secret ballot election to elect the members of the board who serve as the representative of licensed bail...
• Texas Section 1704.054 - Presiding Officer
  (a) A board shall initially elect one of its members as presiding officer. (b) The presiding officer shall preside over board meetings. (c) The presiding...
• Texas Section 1704.055 - Meetings
  (a) A board shall hold its initial meeting not later than the 60th day after the date the board is created. (b) Except as provided...

SUBCHAPTER C BOARD POWERS AND DUTIES

• Texas Section 1704.056 - Quorum; Majority Vote
  (a) Four members of a board constitute a quorum. (b) A board may take action only on a majority vote of the board members present....
• Texas Section 1704.101 - Administrative Authority
  A board shall: (1) exercise powers incidental or necessary to the administration of this chapter; (2) deposit fees collected under this chapter in the general...
• Texas Section 1704.102 - Enforcement Authority
  (a) A board shall: (1) enforce this chapter in the county; (2) conduct hearings and investigations and make determinations relating to license suspension and revocation;...
• Texas Section 1704.103 - Disbursements From County Fund
  (a) Fees deposited in the general fund of a county or in a separate county fund under Section 1704.101(2) may be used only to administer...
• Texas Section 1704.104 - Posting Of Board Rule Or Action
  A board shall post a rule adopted or an action taken by the board in an appropriate place in the county courthouse for the 10...
• Texas Section 1704.105 - Licensed Bail Bond Surety List
  (a) A board shall post in each court having criminal jurisdiction in the county, and shall provide to each local official responsible for the detention...
• Texas Section 1704.107 - Notification Of License Suspension Or Revocation
  A board shall immediately notify each court and each local official responsible for the detention of prisoners in the county of: (1) the suspension or...
• Texas Section 1704.108 - Notification Of Default By Corporation
  A board shall promptly notify the Texas Department of Insurance if a corporation fails to pay a judgment of forfeiture as provided by Section 1704.204(a)....

SUBCHAPTER D LICENSING REQUIREMENTS

• Texas Section 1704.109 - Solicitation And Advertisement
  (a) A board by rule may regulate solicitations or advertisements by or on behalf of bail bond sureties to protect: (1) the public from: (A)...
• Texas Section 1704.151 - License Required
  Except as provided by Section 1704.163, a person may not act as a bail bond surety or as an agent for a corporate surety in...
• Texas Section 1704.152 - Eligibility
  (a) To be eligible for a license under this chapter, an individual, including an agent designated by a corporation in an application, must: (1) be...
• Texas Section 1704.153 - Ineligibility Because Of Criminal Conviction
  A person is not eligible for a license under this chapter if, after August 27, 1973, the person commits and is finally convicted of a...
• Texas Section 1704.154 - Application Requirements
  (a) To be licensed under this chapter, a person must apply for a license by filing a sworn application with the board. (b) The application...
• Texas Section 1704.155 - Real Property List
  A list of nonexempt real property required under Section 1704.154(b)(3) must, for each parcel listed, include: (1) a legal description of the property that would...
• Texas Section 1704.156 - Reappraisal Of Real Property
  (a) An appraisal district may not reappraise real property solely because the property owner is a license holder or an applicant for a license under...
• Texas Section 1704.157 - Preliminary Determinations
  Before a hearing on an application, a board or a board's authorized representative shall determine whether the applicant: (1) possesses the financial resources to comply...
• Texas Section 1704.158 - Hearing On Application
  (a) After making the determinations required by Section 1704.157, a board shall conduct a hearing on the application. (b) During the hearing: (1) the board...
• Texas Section 1704.159 - Decision On Application; Board Order
  (a) After the hearing under Section 1704.158, the board shall enter an order conditionally approving the application unless the board determines that a ground exists...
• Texas Section 1704.160 - Security Requirements
  (a) On receipt of notice under Section 1704.159 that an application has been conditionally approved, the applicant, not later than the 90th day after the...
• Texas Section 1704.161 - License Form
  (a) Each license issued under this chapter must show on its face the license expiration date and the license number. (b) The same license number...
• Texas Section 1704.162 - License Expiration And Renewal
  (a) A license issued or renewed under this chapter expires on the second anniversary after the date the license is issued or is to expire,...

SUBCHAPTER E BONDING BUSINESS

• Texas Section 1704.163 - Attorney Exemption
  (a) Except as provided by this section, a person not licensed under this chapter may execute a bail bond or act as a surety for...
• Texas Section 1704.201 - Acceptance Of License Holder Bail Bonds
  A sheriff shall accept or approve a bail bond executed by a license holder in the county in which the license holder is licensed if:...
• Texas Section 1704.202 - Record Requirements
  (a) A license holder shall maintain: (1) a record of each bail bond executed by the license holder; and (2) a separate set of records...
• Texas Section 1704.203 - Bail Bond Limit; Additional Security
  (a) Except as provided by Subsection (d), a license holder who holds a license originally issued before September 1, 1999, may not execute, and a...
• Texas Section 1704.204 - Payment Of Final Judgment
  (a) A person shall pay a final judgment on a forfeiture of a bail bond executed by the person not later than the 31st day...
• Texas Section 1704.205 - Bail Bond Settlement
  Before a final judgment on a forfeiture of a bail bond: (1) the prosecuting attorney may recommend to the court a settlement in an amount...
• Texas Section 1704.206 - Replacement Of Security
  If a final judgment on a forfeiture of a bail bond is paid from the security deposited or executed by a license holder under Section...
• Texas Section 1704.207 - Surrender Of Principal; Contest
  (a) A person executing a bail bond may surrender the principal for whom the bond is executed by: (1) if the principal is represented by...
• Texas Section 1704.208 - Bond Liability
  (a) A person executing a bail bond is relieved of liability on the bond on the date of disposition of the case for which the...
• Texas Section 1704.209 - Bond Discharged On Appeal
  (a) A bail bond shall be discharged if: (1) the principal appeals the case for which the bond is executed; and (2) the person who...
• Texas Section 1704.210 - Withdrawal Of Security
  (a) A license holder may withdraw the security or a portion of the security deposited or executed under Section 1704.160, and the security shall be...
• Texas Section 1704.211 - Corporate Power Of Attorney
  (a) A corporation shall, before executing any bail bond, file with the county clerk of the county in which the corporation intends to execute the...
• Texas Section 1704.212 - Effect Of Default By Corporation; Notice Required
  (a) A corporation may not act as a bail bond surety in a county in which the corporation is in default on five or more...

SUBCHAPTER F ENFORCEMENT PROVISIONS

• Texas Section 1704.213 - Office Location
  (a) A license holder shall maintain an office in the county in which the license holder holds a license. (b) Not later than the seventh...
• Texas Section 1704.251 - Investigation
  (a) A board, on its own motion, may investigate an action of or a record maintained by a license holder that relates to a complaint...
• Texas Section 1704.252 - Discretionary License Suspension Or Revocation: Grounds
  After notice and hearing, a board may revoke or suspend a license if the license holder: (1) violates this chapter or a rule adopted by...
• Texas Section 1704.253 - Mandatory License Suspension Or Revocation: Grounds
  (a) A board shall immediately suspend a license if the license holder fails to maintain the amount of security required by Section 1704.160. A board...
• Texas Section 1704.2535 - Failure To Pay Final Judgment By Bail Bond Surety
  (a) The board or its authorized representative shall immediately notify the sheriff if a bail bond surety fails to pay a final judgment of forfeiture...
• Texas Section 1704.254 - Notice And Hearing
  (a) Notice of a hearing to suspend or revoke a license under this chapter must: (1) be sent by certified mail to the last known...
• Texas Section 1704.255 - Appeal; Venue
  (a) An applicant or a license holder may appeal an order of a board denying an application for a license or renewal of a license,...
• Texas Section 1704.256 - Standard Of Judicial Review
  Judicial review of an appeal filed under Section 1704.255 is by trial de novo in the same manner as an appeal from a justice court...

SUBCHAPTER G PROHIBITED CONDUCT AND CRIMINAL PENALTIES

• Texas Section 1704.257 - Effect Of Board Order
  (a) A board order denying an application for a license or renewal of a license, or suspending or revoking a license, becomes final on the...
• Texas Section 1704.301 - Return Of Security
  A bail bond surety may not hold security for the payment of a bail bond fee or to assure the principal's appearance in court for...
• Texas Section 1704.302 - Prohibited Referrals Of Or Employments With Bonding Business; Offense
  (a) A person in the bonding business may not directly or indirectly give, donate, lend, or contribute, or promise to give, donate, lend, or contribute,...
• Texas Section 1704.303 - Bail Bond Surety Activity; Offense
  (a) A person required to be licensed under this chapter may not execute a bail bond unless the person holds a license issued under this...
• Texas Section 1704.304 - Prohibited Recommendations Or Solicitations; Offense
  (a) A bail bond surety or an agent of a bail bond surety may not recommend or suggest to a person for whom the bail...
• Texas Section 1704.305 - Bail Bond Receipt And Inspection; Offense
  (a) A bail bond surety or an agent of a bail bond surety may not receive money or other consideration or thing of value from...
• Texas Section 1704.306 - Records; Offense
  (a) A person commits an offense if the person falsifies a record required to be maintained under this chapter. (b) An offense under this section...

Last modified: September 28, 2016