Texas Codes

Tex. Occ. Code § 1704.163 (2026)

Attorney Exemption

✓ laws through the 89th Legislature (2025)
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Sec. 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.

SUBCHAPTER E. BONDING BUSINESS


Notes of Decisions
Cited in 9 cases, 2002–2015 · leading case: Villanueva v. Gonzalez, 123 S.W.3d 461 (Tex. App.—San Antonio 2003).
Villanueva v. Gonzalez, 123 S.W.3d 461 (Tex. App.—San Antonio 2003). “Tex. OCC.Code Ann. § 1704.163(b) (Vernon 2003); see Minton v.”
Int'l Fid. Ins. Co. v. Wise Cnty. Bail Bond Bd., 83 S.W.3d 257 (Tex. App.—Fort Worth 2002). “See Tex. Occ.Code Ann. § 1704.163. That exemption is not applicable to the facts of this case.”
Phillip Wainscott v. Dallas Cnty., Texas, 408 F. App'x 813 (5th Cir. 2011). “” Tex. Occ.Code Ann. § 1704.163(b). The cessation of an offending party’s authorization to issue bail bonds under § 1704.”
Louis George III v. State, No. 03-05-00415-CR, 2007 WL 1451995 (Tex. App.—Austin May 16, 2007). “ref’d); see also Tex. Occ. Code Ann. § 1704.163 (West Supp.”
Louis George III v. State, No. 03-05-00415-CR (Tex. App.—Austin May 16, 2007). “ref'd); see also Tex. Occ. Code Ann. § 1704.163 (West Supp.”
Randy Rodriguez v. State, No. 13-06-00461-CR (Tex. App.—Corpus Christi July 26, 2007). “2006) (providing that an attorney is exempt from the bail bond license requirements if he executes the bond in the course of representing the principal). Appellant testified that counsel told him "If you don't sign today you're going to jail, no matter what.”
John Kirby v. State, No. 13-14-00691-CR (Tex. App.—Corpus Christi Mar. 17, 2015). “This Court should hold that the practice in Texas of allowing the dual attorney/bondsman is an impermissible conflict that fails to assure defendant's full protection under the Sixth Amendment to effective counsel. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant respectfully…”
John Kirby v. State, No. 13-14-00692-CR (Tex. App.—Corpus Christi Mar. 17, 2015). “This Court should hold that the practice in Texas of allowing the dual attorney/bondsman is an impermissible conflict that fails to assure defendant's full protection under the Sixth Amendment to effective counsel. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant respectfully…”
Untitled Texas Attorney Gen. Opinion, No. GA-0971 (Tex. Att'y Gen. July 2, 2012). “TEX. OCC. CODE ANN. § 1704.163(b) (West 2012).”
Tex. Occ. Code § 1704.163(a): 1 case
John Kirby v. State, No. 13-14-00692-CR (Tex. App.—Corpus Christi Mar. 17, 2015). “This Court should hold that the practice in Texas of allowing the dual attorney/bondsman is an impermissible conflict that fails to assure defendant's full protection under the Sixth Amendment to effective counsel. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant respectfully…”
Tex. Occ. Code § 1704.163(b): 3 cases
Villanueva v. Gonzalez, 123 S.W.3d 461 (Tex. App.—San Antonio 2003). “Tex. OCC.Code Ann. § 1704.163(b) (Vernon 2003); see Minton v.”
Phillip Wainscott v. Dallas Cnty., Texas, 408 F. App'x 813 (5th Cir. 2011). “” Tex. Occ.Code Ann. § 1704.163(b). The cessation of an offending party’s authorization to issue bail bonds under § 1704.”
Untitled Texas Attorney Gen. Opinion, No. GA-0971 (Tex. Att'y Gen. July 2, 2012). “TEX. OCC. CODE ANN. § 1704.163(b) (West 2012).”
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