Tex. Occ. Code 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 another person in any county in this state if the person:

(1)

is licensed to practice law in this state; and

(2)

at the time the bond is executed or the person acts as a surety, files a notice of appearance as counsel of record in the criminal case for which the bond was executed or surety provided or submits proof that the person has previously filed with the court in which the criminal case is pending the notice of appearance as counsel of record.

(b)

A person executing a bail bond or acting as a surety under this section may not engage in conduct involved with that practice that would subject a bail bond surety to license suspension or revocation. If the board determines that a person has violated this subsection, the board may suspend or revoke the person’s authorization to post a bond under this section or may bar the person from executing a bail bond or acting as a surety under this section until the person has remedied the violation.

(c)

A person executing a bail bond or acting as a surety under this section is not relieved of liability on the bond solely because the person is later replaced as attorney of record in the criminal case.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1262, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 316 (S.B. 624), Sec. 3, eff. September 1, 2005.

Source: Section 1704.163 — Attorney Exemption, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1704.­htm#1704.­163 (accessed May 4, 2024).

1704.001
Definitions
1704.002
Application of Chapter
1704.051
Mandatory Creation of Board
1704.052
Discretionary Creation of Board
1704.053
Board Composition
1704.054
Presiding Officer
1704.055
Meetings
1704.056
Quorum
1704.101
Administrative Authority
1704.102
Enforcement Authority
1704.103
Disbursements from County Fund
1704.104
Posting of Board Rule or Action
1704.105
Licensed Bail Bond Surety List
1704.107
Notification of License Suspension or Revocation
1704.108
Notification of Default by Corporation
1704.109
Solicitation and Advertisement
1704.151
License Required
1704.152
Eligibility
1704.153
Ineligibility Because of Criminal Conviction
1704.154
Application Requirements
1704.155
Real Property List
1704.156
Reappraisal of Real Property
1704.157
Preliminary Determinations
1704.158
Hearing on Application
1704.159
Decision on Application
1704.160
Security Requirements
1704.161
License Form
1704.162
License Expiration and Renewal
1704.163
Attorney Exemption
1704.201
Acceptance of License Holder Bail Bonds
1704.202
Record Requirements
1704.203
Bail Bond Limit
1704.204
Payment of Final Judgment
1704.205
Bail Bond Settlement
1704.206
Replacement of Security
1704.207
Surrender of Principal
1704.208
Bond Liability
1704.209
Bond Discharged on Appeal
1704.210
Withdrawal of Security
1704.211
Corporate Power of Attorney
1704.212
Effect of Default by Corporation
1704.213
Office Location
1704.251
Investigation
1704.252
Discretionary License Suspension or Revocation: Grounds
1704.253
Mandatory License Suspension or Revocation: Grounds
1704.254
Notice and Hearing
1704.255
Appeal
1704.256
Standard of Judicial Review
1704.257
Effect of Board Order
1704.301
Return of Security
1704.302
Prohibited Referrals of or Employments with Bonding Business
1704.303
Bail Bond Surety Activity
1704.304
Prohibited Recommendations or Solicitations
1704.305
Bail Bond Receipt and Inspection
1704.306
Records
1704.0535
Election of Certain Bail Bond Board Members
1704.2535
Failure to Pay Final Judgment by Bail Bond Surety

Accessed:
May 4, 2024

§ 1704.163’s source at texas​.gov