HB2697

Regular Session

Relating to certain procedures in connection with a bond forfeiture.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Criminal Courts • Offices of District and County Attorneys

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 15, 2025 (Recommended internal deadline to replace all forms and train staff prior to the go-live date).
Agency Rulemaking: No centralized agency rulemaking is mandated; however, individual County Bail Bond Boards and local courts may issue local rules regarding the specific method of delivery for these notices.

Immediate Action Plan

Draft New Affidavits: Legal counsel must revise the Affidavit of Surrender to include the statutory language regarding notice to the State.
Update SOPs: Revise Standard Operating Procedures to require a "Felony Check" before any surrender paperwork is generated.
Audit Active Bonds: Identify high-risk felony bonds likely to require surrender in Q3/Q4 2025 and prepare for the new workflow.
Distribute Contact Lists: Ensure bond agents have accurate service addresses for all relevant District and County Attorney offices.

Operational Changes Required

Contracts

Indemnity Agreements: Review standard indemnity clauses to ensure "expenses incurred in surrender" are defined broadly enough to recover administrative costs associated with serving notice to the State (e.g., certified mail or process server fees).

Hiring/Training

Intake Protocols: Staff must be trained to bifurcate surrender workflows based on offense classification (Felony vs. Misdemeanor).
Jurisdictional Knowledge: Staff must maintain an up-to-date contact list for the specific District or County Attorney assigned to each court to ensure notice is sent to the correct prosecutorial office.

Reporting & Record-Keeping

Affidavit Updates: You must retire current "Affidavit of Surrender" templates. The new form must explicitly contain an attestation that notice was provided to the State as required by Art. 17.19(a)(6).
Proof of Service: Case files must now include physical or digital proof of delivery to the State’s attorney (e.g., e-filing receipts or certified mail return receipts) to defend against motions to invalidate the surrender.

Fees & Costs

Administrative Costs: Expect a marginal increase in operational costs per surrender due to postage (Certified Mail/Return Receipt) or e-service fees.
Liability Risk: The cost of non-compliance is the full face value of the bond if a surrender is deemed void.

Strategic Ambiguities & Considerations

The statute explicitly requires notice to the *Principal's Defense Counsel* via Rule 21a (Texas Rules of Civil Procedure), but Subsection (a-1) requires notice to the *State* without explicitly mandating Rule 21a methods.

The Risk: Informal notice (email/phone) to a DA might be challenged as insufficient.
The Strategy: Until case law clarifies, apply Rule 21a standards to the State notice as well. Use e-service through the court system or Certified Mail to create an irrefutable paper trail.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--bail & Pretrial Release Criminal Procedure--general

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 2697

By: Anchía

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that current law does not obligate a bail bondsman relinquishing responsibility for a defendant's bond as a result of a violation of court-ordered bail bond conditions to notify the prosecuting attorney that the defendant's bond has been canceled and that this lack of notification can result in a defendant charged with a felony offense absconding for months to avoid adversarial proceedings with the court, despite the bail bondsman's recommendation that the defendant be ordered back into custody. The bill author further informed the committee that this may happen because the prosecuting attorney is unaware of the bondsman's filed affidavits regarding the violation of the bond or regarding a new offense, thus rendering the prosecuting attorney unable to enter a motion for the court to order the defendant back into custody. H.B. 2697 addresses this issue by requiring that a bondsman notify the applicable state's attorney of the bondsman's intention, with respect to a defendant charged with a felony offense, to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2697 amends the Code of Criminal Procedure to require a surety to notify the state's attorney with jurisdiction in the case of the surety's intention to surrender the principal before filing an affidavit of that intention with the court or magistrate before which the prosecution is pending, if the surety satisfies the requirements for filing such an affidavit and the offense with which the defendant is charged is a felony offense.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Rafael AnchiaDemocrat · Primary Author

Joint Authors

Coauthors (1)

Eugene Wu (D)

Senate Sponsor

Sen. Joan HuffmanRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 2697

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to certain procedures in connection with a bond
	forfeiture.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 17.19, Code of Criminal Procedure, is
	amended by amending Subsection (a) and adding Subsection (a-1) to
	read as follows:
	(a) Subject to Subsection (a-1), a [~~Any~~] surety that wants[,
	~~desiring~~] to surrender the surety's [~~his~~] principal and has
	notified [~~after notifying~~] the principal's attorney, if the
	principal is represented by an attorney, in a manner provided by
	Rule 21a, Texas Rules of Civil Procedure, of the surety's intention
	to surrender the principal, may file an affidavit of that [~~such~~]
	intention before the court or magistrate before which the
	prosecution is pending. The affidavit must state:
	(1) the court and cause number of the case;
	(2) the name of the defendant;
	(3) the offense with which the defendant is charged;
	(4) the date of the bond;
	(5) the cause for the surrender; and
	(6) that notice of the surety's intention to surrender
	the principal has been given as required by this subsection and
	Subsection (a-1), if applicable.
	(a-1) If the offense with which the defendant is charged is
	classified as a felony under the Penal Code, in addition to
	satisfying the requirements provided by Subsection (a), a surety
	must, before filing the affidavit described by that subsection,
	notify the attorney representing the state with jurisdiction in the
	case of the surety's intention to surrender the principal.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 31, 2025

TO:	Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2697 by Anchía (Relating to certain procedures in connection with a bond forfeiture.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, NTh

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Frequently Asked Questions

Common questions about HB2697

What does Texas HB2697 do?

HB2697 imposes a strict new pre-condition on bail bond sureties attempting to surrender a principal charged with a felony: you must notify the attorney representing the State (DA or County Attorney) before filing your affidavit. Failure to provide this notice and attest to it in your filing renders the surrender defective, maintaining your full liability on the bond. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 15, 2025 (Recommended internal deadline to replace all forms and train staff prior to the go-live date).

Who authored HB2697?

HB2697 was authored by Texas Representative Rafael Anchia during the Regular Session.

When was HB2697 signed into law?

HB2697 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2697?

HB2697 is enforced by Texas Criminal Courts and Offices of District and County Attorneys.

How urgent is compliance with HB2697?

The compliance urgency for HB2697 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2697?

The cost impact of HB2697 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2697 address?

HB2697 addresses topics including criminal procedure, criminal procedure--bail & pretrial release and criminal procedure--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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