Tex. Code of Crim. Proc. Article 17.10
Disqualified Sureties


(a)

A minor may not be surety on a bail bond, but the accused party may sign as principal.

(b)

A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704 (Regulation of Bail Bond Sureties), Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are:

(1)

approved by the State Bar of Texas; and

(2)

offered by an accredited institution of higher education in this state.

(c)

A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of:

(1)

a misdemeanor involving moral turpitude; or

(2)

a felony.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2005, 79th Leg., Ch. 743 (H.B. 2767), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 769 (H.B. 1823), Sec. 2, eff. September 1, 2011.
Art. 17.11. HOW BAIL BOND IS TAKEN.
Sec. 1. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances; and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound.
Sec. 2. Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond. It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety.
Sec. 3. A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 14, eff. Aug. 28, 1967.
Sec. 2 amended by Acts 1999, 76th Leg., ch. 1506, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 930 (H.B. 1562), Sec. 1, eff. September 1, 2013.

(b)

A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704 (Regulation of Bail Bond Sureties), Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are:

(1)

approved by the State Bar of Texas; and

(2)

offered by an accredited institution of higher education in this state.

(c)

A person, for compensation, may not act as a surety on a bail bond if the person has been finally convicted of:

(1)

a misdemeanor involving moral turpitude; or

(2)

a felony.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2005, 79th Leg., Ch. 743 (H.B. 2767), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 769 (H.B. 1823), Sec. 2, eff. September 1, 2011.
Art. 17.11. HOW BAIL BOND IS TAKEN.
Sec. 1. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered; but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances; and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound.
Sec. 2. Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as the person is in default on the bond. It shall be the duty of the clerk of the court where the surety is in default on a bail bond to notify in writing the sheriff, chief of police, or other peace officer of the default. If a bail bond is taken for an offense other than a Class C misdemeanor, the clerk of the court where the surety is in default on the bond shall send notice of the default by certified mail to the last known address of the surety.
Sec. 3. A surety is considered to be in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 14, eff. Aug. 28, 1967.
Sec. 2 amended by Acts 1999, 76th Leg., ch. 1506, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 930 (H.B. 1562), Sec. 1, eff. September 1, 2013.

Source: Article 17.10 — Disqualified Sureties, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­17-COPY.­htm#17.­10 (accessed Apr. 20, 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
17.25
Proceedings When Bail Is Granted
17.025
Officers Taking Bail Bond
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
17.33
Request Setting of Bail
17.033
Release on Bond of Certain Persons Arrested Without a Warrant
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:
Apr. 20, 2024

Art. 17.10’s source at texas​.gov