Texas Codes

Tex. Fin. Code § 392.101 (2026)

Bond Requirement

✓ current as of May 2026
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Sec. 392.101. BOND REQUIREMENT. (a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section. A copy of the bond must be filed with the secretary of state.

(b) The bond must be in favor of:

(1) any person who is damaged by a violation of this chapter; and

(2) this state for the benefit of any person who is damaged by a violation of this chapter.

(c) The bond must be in the amount of $10,000.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1998–2025 · leading case: Ca Partners v. Spears, 274 S.W.3d 51 (Tex. App. 2008).
Ca Partners v. Spears, 274 S.W.3d 51 (Tex. App. 2008). · cites it 3× “Johnson has not posted a security bond with the Secretary of State as required by the Texas Finance Code, § 392.101. He was, therefore, prohibited by law from engaging in debt collection in this state.”
DeFranceschi v. Wells Fargo Bank, N.A., 837 F. Supp. 2d 616 (N.D. Tex. 2011). “See Tex. Fin. Code Ann. § 392.101 (West 2006).”
Weinstein & Riley, P.S. v. Larry Blankenship (Tex. App. 2015). · cites it 2× “TEX. FIN. CODE ANN. § 392.101 (West 2006).”
Kenneth Lawry v. Bank of NY Mellon Trust C (5th Cir. 2019). “TEX. FIN. CODE ANN. §§ 392.101, .202, .301.”
Roberts Markel Weinberg Butler Hailey PC v. Lynn Madison (Tex. App. 2024). “See Tex. Fin. Code Ann. § 392.101 (a). She alleges that RMWBH maintains a bond on file with the Texas Secretary of State.”
Black v. Trust Bank (S.D. Tex. 2022). “Tex. Fin. Code Ann. §§ 392.101 , 392.201.”
Caldera v. RMA Recovery Grp. LLC (W.D. Tex. 2020). “101 of the Texas Debt Collection Practices Act (TDCPA), Tex. Fin. Code § 392.101. See id. ¶¶ 15-17.”
Brandon Barnes v. Carriage Place Apts., LLC (Tex. App. 2025). “4 TEX. FIN. CODE § 392.101. 5 28 U.S.C. § 1691 .”
Evelyn Dickey & Mona Zeller v. Healthcare Recoveries, Inc. (Tex. App. 1998). · cites it 2× “See Tex. Fin. Code Ann.§ 392.101, 392.304(a)(5) (West 1998).”
Robert Hanselman v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2010). “See Tex. Fin. Code Ann. § 392.101 . Section 392.”
Jaime Cortez v. Mann Bracken, LLP & Travelers Cas. & Sur. Co. of Am. (Tex. App. 2011). “See Tex. Fin. Code Ann. § 392.101 (West 2006).”
— Tex. Fin. Code § 392.101(a) — 2 cases
Weinstein & Riley, P.S. v. Larry Blankenship (Tex. App. 2015). “TEX. FIN. CODE ANN. § 392.101 (West 2006).”
Evelyn Dickey & Mona Zeller v. Healthcare Recoveries, Inc. (Tex. App. 1998). “See Tex. Fin. Code Ann.§ 392.101, 392.304(a)(5) (West 1998).”
— Tex. Fin. Code § 392.101(a)(1) — 1 case
Ca Partners v. Spears, 274 S.W.3d 51 (Tex. App. 2008). “Johnson has not posted a security bond with the Secretary of State as required by the Texas Finance Code, § 392.101. He was, therefore, prohibited by law from engaging in debt collection in this state.”
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