1. Applicable Statutes

Vernon 's Texas Code Annotated, Occupations Code, Section 1704

Code of Criminal Procedure (CCP), Ch. 14 Arrest Without Warrant, Ch. 17 Bail, & Ch. 22 Forfeiture of Bail

The bail industry is regulated in all counties with a population of 110,000 or more (and in smaller counties on an optional basis) by County Bail Bond Boards (CBBB) [Sec. 1704.051] which have broad latitude in administering the act. The CBBB can exercise powers incidental and necessary to administer the act and can supervise and regulate each phase of the bonding business in the county. [1704.101(1)-(9)]

In counties without a CBBB, regulation is by the sheriff and by the judges within that county [CCP 17.11, 17.13]

2. Licensing Requirements

Professional bondsmen must comply with the following for licensure: [V.T.C.A., Occupations Code § 1704.152]

• Be a resident of this state and a citizen of the United States ;
• Be at least 18 years of age;
• Possess the financial resources required to comply with Section 1704. 160, unless the individual is acting only as agent for a corporation holding a license under this chapter; and
• Submit documentary evidence that, in the two years preceding the date a license application is filed, the individual:
• has been continuously employed by a person licensed under this chapter for at least one year and for not less than 30 hours per week, excluding annual leave, and has performed duties that encompass all phases of the bonding business; and
• completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are approved by the State Bar of Texas and that are offered by an accredited institution of higher education in the state.
• Not have been convicted of a felony or any crime involving moral turpitude
• Submit application forms and fees
• Submit fingerprints and photograph

3. Notice of Forfeiture

Upon entry of judgment, a citation shall issue forthwith notifying the sureties of the defendant, if any, that the bond has been forfeited, and requiring them to appear and show cause why the judgment of forfeiture should not be made final. [ Vernon 's Ann. Texas C.C.P. Art. 22.03]

After the forfeiture of the bond, if the sureties have been duly notified, the sureties may answer in writing and show cause why the defendant did not appear, which answer may be filed within the time limited for answering in other civil actions. [ Vernon 's Ann. Texas C.C.P. Art. 22.11]

4. Forfeiture to Judgment

When, upon a trial of the issues presented, no sufficient cause is shown for the failure of the principal to appear, the judgment shall be made final against him and his sureties for the amount in which they are respectively bound; and the same shall be collected by execution as in civil actions. Separate executions shall issue against each party for the amount adjudged against him. The costs shall be equally divided between the sureties, if there be more than one. [ Vernon 's Ann. Texas C.C.P. Art. 22.14]

When the sureties have been duly cited and fail to answer, and the principal also fails to answer within the time limited for answering in other civil actions, the court shall enter judgment final by default. [ Vernon 's Ann. Texas C.C.P. Art. 22.15]

5. Defenses to Forfeiture

The following defenses will exonerate the surety from liability:

• The bond is not valid
• Death of the principal before the forfeiture was taken.
• Sickness of the principal or other uncontrollable circumstance that prevented his appearance in court.
• Failure to present an indictment or information at the first term of court after the principal has been admitted to bail.
• The incarceration of the principal in any jurisdiction in the United States :
• In the case of a misdemeanor, at the time of or not later than the 180th day after the date of the principal's failure to appear in court; or
• In the case of a felony, at the time of or not later than the 270th day after the date of the principal's failure to appear in court.
• A surety exonerated under this defense remains obligated to pay costs of court, any reasonable and necessary costs incurred by a county to secure the return of the principal, and interest accrued on the bond amount from the date of the judgment nisi to the date of the principal's incarceration.

After forfeiture of a bond and before entry of a final judgment, the court shall, on written motion, remit to the surety the amount of the bond, after deducting the costs of court and any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount.

For other good cause shown and before the entry of a final judgment against the bond, the court in its discretion may remit to the surety all or part of the amount of the bond after deducting the costs of court and any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount. [ Vernon 's Ann. Texas C.C.P. Art. 22.16]

6. Remission

After forfeiture of a bond and before entry of a final judgment, the court shall, on written motion, remit to the surety the amount of the bond, after deducting the costs of court and any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount.

For other good cause shown and before the entry of a final judgment against the bond, the court in its discretion may remit to the surety all or part of the amount of the bond after deducting the costs of court and any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount. [ Vernon 's Ann. Texas C.C.P. Art. 22.16]

Not later than two years after the date a final judgment is entered in a bond forfeiture proceeding, the surety on the bond may file with the court a special bill of review. A special bill of review may include a request, on equitable grounds, that the final judgment be reformed and that all or part of the bond amount be remitted to the surety, after deducting the costs of court, any reasonable costs to the county for the return of the principal, and the interest accrued on the bond amount from the date of forfeiture. The court in its discretion may grant or deny the bill in whole or in part. [ Vernon 's Ann. Texas C.C.P. Art. 22.17]

7 . Bail Agent's Arrest Authority

Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. The affidavit must state:

• the court and cause number of the case;
• the name of the defendant;
• the offense with which the defendant is charged;
• the date of the bond;
• the cause for the surrender; and
• that notice of the surety's intention to surrender the principal has been given as required by this subsection.

If the court or magistrate finds that there is cause for the surety to surrender his principal, the court shall issue a warrant of arrest or capias for the principal. It is an affirmative defense to any liability on the bond that:

• the court or magistrate refused to issue a warrant of arrest or capias for the principal; and
• after the refusal to issue the warrant or capias the principal failed to appear.

[ Vernon 's Ann. Texas C.C.P. Art. 17.19]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Cases

Allegheny Cas. Co. v. State , 163 S.W.3d 220 (Tex.App.-El Paso, 2005).

The defendant was charged with felony drug possession and released on a $1,500 bond. He then failed to appear and the bond was forfeited. The surety appealed. The Court of Appeals found that the mere fact of the defendant's deportation, without more, was not sufficient to trigger a release from liability on the part of a surety as a matter of law, and (2) the surety failed to show the defendant's deportation was an uncontrollable circumstance so as to justify exoneration from liability on the bond as a matter of law. The lower court's decision was affirmed and the surety company was liable for the bond.

10. Bounty Hunter Provisions

Only bondsmen and licensed private investigators can recover fugitives.