(a) A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required. In addition, a personal bond shall contain:
(1) the defendant‘s name, address, and place of employment;
(2) identification information, including the defendant’s:
(A) date and place of birth;
(B) height, weight, and color of hair and eyes;
(C) driver’s license number and state of issuance, if any; and
(D) nearest relative’s name and address, if any; and
(3) except as provided by Subsection (b), the following oath sworn and signed by the defendant:
“I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear.”

Terms Used In Texas Code of Criminal Procedure 17.04

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Oath: A promise to tell the truth.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Swear: includes affirm. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b) A personal bond is not required to contain the oath described by Subsection (a)(3) if:
(1) the magistrate makes a determination under Article 16.22 that the defendant has a mental illness or is a person with an intellectual disability, including by using the results of a previous determination under that article;
(2) the defendant is released on personal bond under Article 17.032; or
(3) the defendant is found incompetent to stand trial in accordance with Chapter 46B.

  Previous section
Next section  
 Chapter 17 Contents