CODE OF CRIMINAL PROCEDURE CHAPTER 22.

FORFEITURE OF BAIL

Art. 22.01. [424] [488] [476] Bail forfeited, when

When a defendant is bound by bail to appear and fails to appear in
any court in which such case may be pending and at any time when his
personal appearance is required under this Code, or by any court or
magistrate, a forfeiture of his bail and a judicial declaration of
such forfeiture shall be taken in the manner provided in Article
22.02 of this Code and entered by such court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 2, eff. Aug.
31, 1981.

Art. 22.02. [425] [489] [477] Manner of taking a forfeiture

Bail bonds and personal bonds are forfeited in the following
manner: The name of the defendant shall be called distinctly at the
courthouse door, and if the defendant does not appear within a
reasonable time after such call is made, judgment shall be entered
that the State of Texas recover of the defendant the amount of money
in which he is bound, and of his sureties, if any, the amount of
money in which they are respectively bound, which judgment shall
state that the same will be made final, unless good cause be shown
why the defendant did not appear.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.021. Forfeiture after violating treatment condition

On its own motion or the motion of the attorney for the state, the
magistrate who set a defendant's bond or before whom a prosecution
is pending may issue a warrant for the arrest of the defendant for a
violation of a condition of the defendant's bond under Article
17.40 of this code. If, at a hearing, the magistrate determines
that the defendant violated the condition without sufficient cause,
the magistrate shall forfeit the defendant's bond and enter a final
judgement of forfeiture. Citation shall be issued as provided by
this chapter, except that the citation is sufficient if it is in the
form provided for citations in civil cases.

Acts 1983, 68th Leg., p. 3206, ch. 551, Sec. 2, eff. Sept. 1, 1983.

Art. 22.03. [426] [490] [478] Citation to sureties

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.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.04. [427] [491] [479] Requisites of citation

A citation shall be sufficient if it be in the form provided for
citations in civil cases in such court; provided, however, that a
copy of the judgment of forfeiture entered by the court shall be
attached to the citation and the citation shall notify the parties
cited to appear and show cause why the judgment of forfeiture should
not be made final.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.05. [428] [492] [480] Citation as in civil actions

Sureties shall be entitled to notice by service of citation, the
length of time and in the manner required in civil actions; and the
officer executing the citation shall return the same as in civil
actions. It shall not be necessary to give notice to the defendant
unless he has furnished his address on the bond, in which event
notice to the defendant shall be deposited in the United States mail
directed to the defendant at the address shown on the bond.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.06. [429] [493] [481] Citation by publication

Where the surety is a nonresident of the State, or where he is a
transient person, or where his residence is unknown, the district
or county attorney may, upon application in writing to the county
clerk, stating the facts, obtain a citation to be served by
publication; and the same shall be served by a publication and
returned as in civil actions.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.07. [430] [494] [482] Cost of publication

When service of citation is made by publication, the county in which
the forfeiture has been taken shall pay the costs thereof, to be
taxed as costs in the case.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.08. [431] [495] [483] Service out of the state

Service of a certified copy of the citation upon any absent or
non-resident surety may be made outside of the limits of this State
by any person competent to make oath of the fact; and the affidavit
of such person, stating the facts of such service, shall be a
sufficient return.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.09. [432] [496] [484] When surety is dead

If the surety is dead at the time the forfeiture is taken, the
forfeiture shall nevertheless be valid. The final judgment shall
not be rendered where a surety has died, either before or after the
forfeiture has been taken, unless his executor, administrator or
heirs, as the case may be, have been cited to appear and show cause
why the judgment should not be made final, in the same manner as
provided in the case of the surety.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.10. [433] [497] [485] Scire facias docket

When a forfeiture has been declared upon a bond, the court or clerk
shall docket the case upon the scire facias or upon the civil
docket, in the name of the State of Texas, as plaintiff, and the
principal and his sureties, if any, as defendants; and, except as
otherwise provided by this chapter, the proceedings had therein
shall be governed by the same rules governing other civil suits.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 3, eff. Aug.
31, 1981.

Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 4, eff. Sept. 1,
1999.

Art. 22.11. [434] [498] [486] Sureties may answer

After the forfeiture of the bond, if the sureties, if any, have been
duly notified, the sureties, if any, 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.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 22.12. [435] [499] [487] Proceedings not set aside for defect
of form

The bond, the judgment declaring the forfeiture, the citation and
the return thereupon, shall not be set aside because of any defect
of form; but such defect of form may, at any time, be amended under
the direction of the court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.125. Powers of the Court

After a judicial declaration of forfeiture is entered, the court
may proceed with the trial required by Article 22.14 of this code.
The court may exonerate the defendant and his sureties, if any, from
liability on the forfeiture, remit the amount of the forfeiture, or
set aside the forfeiture only as expressly provided by this
chapter. The court may approve any proposed settlement of the
liability on the forfeiture that is agreed to by the state and by
the defendant or the defendant's sureties, if any.

Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 4, eff. Aug. 31, 1981.
Renumbered from art. 22.12a by Acts 1987, 70th Leg., ch. 167, Sec.
5.02(1), eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 5, eff. Sept. 1,
1999.

Art. 22.13. Causes Which Will Exonerate

(a) The following causes, and no other, will exonerate the
defendant and his sureties, if any, from liability upon the
forfeiture taken:

1. That the bond is, for any cause, not a valid and binding
undertaking in law. If it be valid and binding as to the principal,
and one or more of his sureties, if any, they shall not be
exonerated from liability because of its being invalid and not
binding as to another surety or sureties, if any. If it be invalid
and not binding as to the principal, each of the sureties, if any,
shall be exonerated from liability. If it be valid and binding as
to the principal, but not so as to the sureties, if any, the
principal shall not be exonerated, but the sureties, if any, shall
be.

2. The death of the principal before the forfeiture was taken.

3. The sickness of the principal or some uncontrollable
circumstance which prevented his appearance at court, and it must,
in every such case, be shown that his failure to appear arose from
no fault on his part. The causes mentioned in this subdivision
shall not be deemed sufficient to exonerate the principal and his
sureties, if any, unless such principal appear before final
judgment on the bond to answer the accusation against him, or show
sufficient cause for not so appearing.

4. Failure to present an indictment or information at the first term
of the court which may be held after the principal has been admitted
to bail, in case where the party was bound over before indictment or
information, and the prosecution has not been continued by order of
the court.

5. The incarceration of the principal in any jurisdiction in the
United States:

(A) 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

(B) 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.

(b) A surety exonerated under Subdivision 5, Subsection (a),
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.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Amended by Acts 2003, 78th Leg., ch. 942, Sec. 1, eff. June 20,
2003.

 

Art. 22.14. [437] [501] [489] Judgment final

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, if any, 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.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

 

Art. 22.15. [438] [502] [490] Judgment final by default

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.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 22.16. Remittitur After Forfeiture

(a) 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 as provided by
Subsection (c) if the principal is released on new bail in the case
or the case for which bond was given is dismissed.

(b) 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 as provided by Subsection (c).

(c) For the purposes of this article, interest accrues on the bond
amount from the date of forfeiture in the same manner and at the
same rate as provided for the accrual of prejudgment interest in
civil cases.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 5, eff. Aug.
31, 1981; Acts 1987, 70th Leg., ch. 1047, Sec. 3, eff. June 20,
1987.

Amended by Acts 2003, 78th Leg., ch. 942, Sec. 2, eff. June 20,
2003.

Art. 22.17. [440] [504] [492] Special bill of review

(a) 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.

(b) For the purposes of this article, interest accrues on the bond
amount from the date of:

(1) forfeiture to the date of final judgment in the same manner and
at the same rate as provided for the accrual of prejudgment interest
in civil cases; and

(2) final judgment to the date of the order for remittitur at the
same rate as provided for the accrual of postjudgment interest in
civil cases.

Acts 1987, 70th Leg., ch. 1047, Sec. 4, eff. June 20, 1987.

Art. 22.18. Limitation

An action by the state to forfeit a bail bond under this chapter
must be brought not later than the fourth anniversary of the date
the principal fails to appear in court.

Added by Acts 1999, 76th Leg., ch. 1506, Sec. 6, eff. Sept. 1, 1999.

 

 

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