Tex. Code of Crim. Proc. Article 17.04
Requisites of a Personal Bond


(a)

A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08 (Requisites of a Bail Bond), except that no sureties are required. In addition, a personal bond shall contain:

(1)

the defendant’s name, address, and place of employment;

(2)

identification information, including the defendant’s:

(A)

date and place of birth;

(B)

height, weight, and color of hair and eyes;

(C)

driver’s license number and state of issuance, if any; and

(D)

nearest relative’s name and address, if any; and

(3)

except as provided by Subsection (b), the following oath sworn and signed by the defendant:
“I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.”

(b)

A personal bond is not required to contain the oath described by Subsection (a)(3) if:

(1)

the magistrate makes a determination under Article 16.22 (Early Identification of Defendant Suspected of Having Mental Illness or Intellectual Disability) that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article;

(2)

the defendant is released on personal bond under Article 17.032 (Release on Personal Bond of Certain Defendants with Mental Illness or Intellectual Disability); or

(3)

the defendant is found incompetent to stand trial in accordance with Chapter 46B (Incompetency to Stand Trial).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 623, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 3, eff. September 1, 2021.

(1)

the defendant’s name, address, and place of employment;

(2)

identification information, including the defendant’s:

(A)

date and place of birth;

(B)

height, weight, and color of hair and eyes;

(C)

driver’s license number and state of issuance, if any; and

(D)

nearest relative’s name and address, if any; and

(3)

except as provided by Subsection (b), the following oath sworn and signed by the defendant:
“I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.”

(b)

A personal bond is not required to contain the oath described by Subsection (a)(3) if:

(1)

the magistrate makes a determination under Article 16.22 (Early Identification of Defendant Suspected of Having Mental Illness or Intellectual Disability) that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article;

(2)

the defendant is released on personal bond under Article 17.032 (Release on Personal Bond of Certain Defendants with Mental Illness or Intellectual Disability); or

(3)

the defendant is found incompetent to stand trial in accordance with Chapter 46B (Incompetency to Stand Trial).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1987, 70th Leg., ch. 623, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 3, eff. September 1, 2021.

Source: Article 17.04 — Requisites of a Personal Bond, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­17-COPY.­htm#17.­04 (accessed Mar. 23, 2024).

17.01
Definition of “Bail”
17.03
Personal Bond
17.04
Requisites of a Personal Bond
17.05
When a Bail Bond Is Given
17.06
Corporation as Surety
17.07
Corporation to File with County Clerk Power of Attorney Designating Agent
17.08
Requisites of a Bail Bond
17.09
Duration
17.10
Disqualified Sureties
17.12
Exempt Property
17.13
Sufficiency of Sureties Ascertained
17.14
Affidavit Not Conclusive
17.15
Rules for Setting Amount of Bail
17.16
Discharge of Liability
17.17
When Surrender Is Made During Term
17.18
Surrender in Vacation
17.19
Surety May Obtain a Warrant
17.021
Public Safety Report System
17.21
Bail in Felony
17.022
Public Safety Report
17.23
Sureties Severally Bound
17.023
Authority to Release on Bail in Certain Cases
17.24
General Rules Applicable
17.024
Training on Duties Regarding Bail
17.025
Officers Taking Bail Bond
17.25
Proceedings When Bail Is Granted
17.26
Time Given to Procure Bail
17.026
Electronic Filing of Bail Bond
17.27
When Bail Is Not Given
17.027
Release on Bail of Defendant Charged with Felony Offense Committed While on Bail
17.028
Bail Decision
17.28
When Ready to Give Bail
17.29
Accused Liberated
17.30
Shall Certify Proceedings
17.31
Duty of Clerks Who Receive Such Proceedings
17.031
Release on Personal Bond
17.032
Release on Personal Bond of Certain Defendants with Mental Illness or Intellectual Disability
17.32
In Case of No Arrest
17.033
Release on Bond of Certain Persons Arrested Without a Warrant
17.33
Request Setting of Bail
17.34
Witnesses to Give Bond
17.35
Security of Witness
17.36
Effect of Witness Bond
17.37
Witness May Be Committed
17.38
Rules Applicable to All Cases of Bail
17.39
Records of Bail
17.40
Conditions Related to Victim or Community Safety
17.43
Home Curfew and Electronic Monitoring as Condition
17.44
Home Confinement, Electronic Monitoring, and Drug Testing as Condition
17.045
Bail Bond Certificates
17.45
Conditions Requiring Aids and Hiv Instruction
17.46
Conditions for a Defendant Charged with Stalking
17.47
Conditions Requiring Submission of Specimen
17.48
Posttrial Actions
17.49
Conditions for Defendant Charged with Offense Involving Family Violence
17.50
Entry into Texas Crime Information Center of Certain Information in Cases Involving Violent Offenses or Stalking
17.51
Notice of Conditions
17.52
Reporting of Conditions
17.53
Procedures and Forms Related to Monetary Bond
17.071
Charitable Bail Organizations
17.081
Additional Requisites of Bail Bond Given by Certain Defendants
17.085
Notice of Appearance Date
17.091
Notice of Certain Bail Reductions Required
17.152
Denial of Bail for Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case
17.153
Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim
17.292
Magistrate’s Order for Emergency Protection
17.293
Delivery of Order for Emergency Protection to Other Persons
17.294
Confidentiality of Certain Information in Order for Emergency Protection
17.441
Conditions Requiring Motor Vehicle Ignition Interlock
17.465
Conditions for Defendant Charged with Certain Trafficking or Prostitution Related Offenses Involving Adult Victims
17.0501
Required Training

Accessed:
Mar. 23, 2024

Art. 17.04’s source at texas​.gov