Texas Department of Insurance
www.tdi.state.tx.us - Consumer Helpline 1-800-252-3439
Bond ResourcesVarious information regarding the different types of bonds.Updated 5/29/07 Indicates new or revised information since last update. Bail Bonds (Criminal Court Appearance Bonds) Bonded Title (Certificate of Title Surety Bond) Common Types of Construction Contract Bonds Information and Assistance Provided by Governmental Entities Surety Companies and Agents Statutes Regulating Certain Bond Requirements for Federal, Public, and Private Work Bail Bonds (Criminal Court Appearance Bonds)The Texas Department of Insurance (TDI) does not regulate forms, rules or rates for bail bonds. Chapter 2301, Subchapter A (formerly Article 5.13-2), Texas Insurance Code, specifically exempts from regulation criminal court appearance bonds. Occupations Code, Chapter 1704 - Regulation of Bail Bond Sureties, requires mandatory creation of a Bail Bond Board (board) in counties with a population of 110,000 or more and discretionary creation of a board in a county with a population of less than 110,000. The board is responsible for the licensing of bail bond sureties and agents regardless of whether the agents use their nonexempt real property as security or act on behalf of a corporate surety (insurance company). If bail bond sureties operate in counties that do not have a Bail Bond Board, the individual must obtain a general lines property and casualty agent license from TDI to represent a corporate surety. Specific requirements on the execution of a bail bond can be found in the Code of Criminal Procedures, Chapter 17 - Bail. The procedures for arranging bail are usually the jurisdiction of the county sheriff.
Complaints TDI handles complaints that involve forfeiture or refund of collateral for bail bonds involving a corporate surety. Most other complaints or questions involving bail bonds should be directed to the appropriate authority, either the Bail Bond Board or the County Sheriff. Click here to file a complaint - (Automobile / Homeowners / Commercial Property Insurance Complaint Forms) with the TDI. You can access information for specific counties by visiting Texas Online and click on Counties - (A-Z list). Unfortunately, not all counties have a web site. Two good examples of counties with web sites are Bexar County, which has a site for Bexar County Bail Bond Board, and Burnet County that has the explanation "The sheriff also sets bail bond policy for the county." If there is some doubt regarding whom the best contact in a county would be, contact either the County Attorney's Office or the County Sheriff for assistance.
Sources For Bail Bonds One good source for finding a bail bond agent is the "Bail Bonds" listing in the yellow pages. Most insurance companies and insurance agents do not offer this service, and thus, may not be listed under the "insurance" or "bonds surety & fidelity" section of the yellow pages. Licensed Bail Bond Surety List - In a county that has a Bail Bond Board, the board is required to post in each court having criminal jurisdiction in the county, and shall provide to each local official responsible for the detention of prisoners in the county, a current list of each licensed bail bond surety and each licensed agent of a corporate surety in the county. A list of each licensed bail bond surety and each licensed agent of a corporate surety in a county must be displayed at each location where prisoners are examined, processed, or confined.
Some Common Terms DefinedBail - is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond (Chapter 17) Bail bond - means a cash deposit, or similar deposit or written undertaking, or a bond or other security, given to guarantee the appearance of a defendant in a criminal case (Chapter 1704) Bail bond surety - means a person who: (A) executes a bail bond as a surety or cosurety for another person; or (B) for compensation deposits cash to ensure the appearance in court of a person accused of a crime (Chapter 1704) Bonding business - means the solicitation, negotiation, or execution of a bail bond by a bail bond surety Bonded Title (Certificate of Title Surety Bond)"Bonded Title" is a term commonly used when an individual or firm has obtained a Certificate of Title Surety Bond in order to register a motor vehicle. The Transportation Code §501.053 allows for a bond in the amount of one and one-half times the value of the vehicle, that is effective for a period of three years, this accompanies the documents presented to the County Tax Assessor-Collector, to be filed with the Texas Department of Transportation (TxDOT) to obtain a motor vehicle title when the previous owner of the motor vehicle does not have possession of the original title. Information regarding flood damaged vehicles may be found on the TxDOT web site at:
Although there are valid reasons why a title may not be readily available, you are encouraged to use caution and review the above material if you are considering purchasing a vehicle to which the owner is not in possession of the title at the time you are negotiating the purchase. The following insurance agents and surety companies have expressed an interest in providing Certificate of Title Surety Bonds. View the list of Bonded Title - Agents View the list of Bonded Title - Surety Companies Common Types of Construction Contract BondsBid Bonds A Bid or Proposal Bond is often required when construction contracts are to be let out for bids. The successful bidder is expected to furnish the necessary Performance and/or Payment Bond in order to start work on the project. Default results when the lowest bidder does not obtain the Performance and/or Payment Bond to enter into the contract. The coverage under the Bid and Proposal Bond is limited to the difference between the successful bid and the next low bidder that can qualify for the contract, subject to the limit of the bond.
Performance Bonds A Performance Bond is required in most instances:
Payment or Labor and Material Bonds A Payment or Labor and Material Bond is also required for:
Maintenance Bonds Maintenance Bonds or Maintenance Guarantees for a term of up to 12 months are normally included with the Performance Bonds. Separate Maintenance Bonds may also be executed where no Performance Bond is required. The coverage provided by a Maintenance Bond is a guarantee against defective workmanship and materials. To review the Government Code, Chapter 2253 or Property Code, Chapter 53 go to: http://www.capitol.state.tx.us/statutes/statutes.html License and Permit BondsLicense and permit bonds are bonds required by state law, municipal ordinance or regulation that is required to be filed prior to being granted a license or engaging in a particular activity. You may find some information including permit and license applications by visiting the TexasOnLine website at http://www.state.tx.us/ and searching under "Cities". Some common surety bonds that may be required by statute in order to obtain a license or a permit from a state agency, or to meet financial responsibility, are listed below with a link provided for additional information. To find an insurance agent familiar with these bonds see "Surety Companies and Agents".
Athlete Agent Surety Bond - Chapter 2051, Occupations Code. For information, an application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Automobile Club Services Act Surety Bond - §§722.001 et seq., Transportation Code. For information, an application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Blanket Performance Bond - Chapter 91, Natural Resources Code. For applications or a copy of the surety bond contact the Railroad Commission of Texas: www.rrc.state.tx.us/divisions/og/form-library/index.html
Credit Services Organization Bond - Chapter 393, Finance Code. For information, an application for license or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Certificate of Title Surety Bond - see "Bonded Title" in this section.
Commercial Storage, Reclamation, Treatment or Disposal Facility Bond - Chapter 91, Natural Resources Code. For applications or a copy of the surety bond contact the Railroad Commission of Texas: www.rrc.state.tx.us/divisions/og/form-library/index.html
Continuous Bond - Mixed Beverage Gross Receipts Tax - Chapter 183, Tax Code. For information contact the Comptroller of Public Accounts: www.cpa.state.tx.us/taxinfo/taxforms/00-forms.html
Continuous Surety Bond for a License under the Texas Manufactured Housing Standards Act - Chapter 1201, Occupations Code. For information, an application for license or a copy of the surety bond contact the Texas Department of Housing and Community Affairs: www.tdhca.state.tx.us
Course Provider Bond, Driver Education School Bond or Driver Education Branch School Bond - Chapter 1001, Education Code. For information, applications or copies of the required surety bonds contact Texas Education Agency: www.tea.state.tx.us/drive/index.html
Fitting and Dispensing of Hearing Instruments - Chapter 402, Occupations Code. For application forms contact the Professional Licensing and Certification Unit, Texas Department of State Health Services: www.dshs.state.tx.us/fitters/default.shtm
Grain Warehouse - Chapter 14, Agriculture Code. For applications or copies of the required surety bonds contact Texas Department of Agriculture: www.agr.state.tx.us
Health Spa Surety Bond - Chapter 702, Occupations Code. For information, an application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Individual Performance Bond - Chapter 91, Natural Resources Code. For an application or a copy of the surety bond contact Railroad Commission of Texas: www.rrc.state.tx.us/divisions/og/form-library/index.html
Insurance Agency Bond - refer to the "Agent/Adjuster" section of our web site. (Form No. LHL202 - Licensing Corporate Insurance Agents Bond (AKA Insurance Agency Bond))
Money Services Bond - Chapter 151, Finance Code. For information, an application for license, or copy of the surety bond contact the Texas Department of Banking: www.banking.state.tx.us
Motor Vehicle Dealer's Surety Bond - §503.033, Transportation Code. For information, an application for license or copy of the surety bond contact the Texas Department of Transportation, Motor Vehicle Division: http://www.dot.state.tx.us/services/motor_vehicle/licensing/independent_gdn_license.htm - (Independent, Form #LP021 - New Application Information (pdf)).
Official Notary Public Bond for the State of Texas - For information, an application for license, and a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml.
Private Child Support Enforcement Agencies Bond - Chapter 396, Finance Code. For information, application for license, or a copy of the surety bond contact the Texas Department of Banking: www.banking.state.tx.us.
Public Safety Organization, Independent Promoter or Public Safety Publication Solicitor's Bond - Chapter 1803, Occupations Code. For information, application for license, or copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Public Adjuster Bond - refer to the "Agent/Adjuster" section of our web site. (Form No. LHL256 - Licensing Public Insurance Adjuster Bond)
Superheavy or Oversize Permit Bond - Chapter 623, Transportation Code. For information, an application, or a copy of the bond contact Texas Department of Transportation: http://www.dot.state.tx.us/forms/motor_carrier.htm - Motor Carrier Forms - Select Form #305 - Superheavy Facsimile Application and/or Form 439 - Superheavy or Oversize Permit Bond.
Surety Bond of Seller of a Business Opportunity in the State of Texas - Chapter 41, Business & Commerce Code. For information, an application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Telephone Solicitation Bond - Section 38.001 et seq., Business & Commerce Code. For information, an application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Texas Escrow Officers Schedule Bond - on our web site (Industry bar to Title Insurance then Application Forms for Title Agents and Escrow Officers - Form No. PC123 - Escrow Officer's Schedule Bond)
Texas Motor Fuels Tax Continuous Bond - Chapter 162, Tax Code. For information contact the Comptroller of Public Accounts: www.cpa.state.tx.us/taxinfo/taxforms/00-forms.html
Texas Mortgage Broker License Act Bond - Chapter 156, Finance Code. For information, an application, or copy of the bond contact Texas Department of Savings and Mortgage Lending: www.sml.state.tx.us
Texas Title Attorney's Bond - on our web site (Click Industry, then Title Insurance, then Application Forms for Title Agents and Escrow Officers - Form No. PC121 - Title Attorney's Bond)
Texas Title Insurance Agent's/Direct Operation's Bond - on our web site (Click Industry, then Title Insurance, then Application Forms for Title Agents and Escrow Officers - Form No. PC122 - Title Insurance Agent's/Direct Operations Bond)
Third Party Debt Collector Bond - §392.001, Finance Code. For information, an application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Veterans Organization Solicitation Bond - Chapter 1804, Occupations Code. For information, an application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml
Wrestling Promoter Bond - Chapter 2052, Occupations Code. For information, application for license, or a copy of the surety bond contact the Secretary of State, Statutory Documents: www.sos.state.tx.us/statdoc/statforms.shtml Information and Assistance Provided by Governmental EntitiesThere are various federal, state, and local programs available to small business owners who desire to learn more about the bidding/procurement process, including technical assistance and education on bonding. Following are some of the programs that are available. Federal GovernmentSmall Business Administration (sba) Guarantee Bond Program The Program
Program Objectives
You may contact the SBA at the following address to find out more about the various programs offered by the SBA or to obtain a list of agents that participate in the SBA guarantee bond program. Small Business Administration - SBA For specific information regarding the SBA guarantee bond program, please contact the following guarantee surety bond specialists or visit the website at: Margarat Johnson, (404) 331-0100, extension 702
State of TexasTexas Department of Transportation LINC, A Mentor Program for Small Businesses - http://www.dot.state.tx.us/services/business_opportunity_programs/mentor_protege.htm Contractors Services - http://www.dot.state.tx.us/business/contractorinfo.htm Texas Unified Certification Program DBE Information Directory - http://www.dot.state.tx.us/services/business_opportunity_programs/tucp_dbe_directory.htm TxDOT's Construction Division - http://www.dot.state.tx.us/services/construction/default.htm
Texas Building and Procurement Commission Pursuant to Texas Government Code, §2161.062(e), state agencies with biennial budgets that exceed $10 million shall designate a staff member to serve as the Historically Underutilized Business (HUB) Coordinator for the agency. The HUB Coordinator will advise and assist agency executive directors and staff in complying with HUB requirements, facilitating the agency's good faith effort to increase HUB participation, preparing and submitting HUB reports, monitoring contracts for HUB compliance, and coordinating marketing and outreach HUB efforts. Visit the link below for a list of HUB Coordinators.
Various Local ProgramsSome municipalities, such as the City of Austin, also have educational programs available to assist small business owners with the bonding process. Check with your city office to see if a program may be available in your area. The City of Austin - Small Business Development Program - http://www.ci.austin.tx.us/sbdp/sbi_asbdc.htm Surety Companies and AgentsInsurance Companies That May Offer Contract Surety Bonds Following is a list of companies known to offer contract surety bonds. Each company has its own program that consists of specific guidelines and criteria for underwriting individual risks and may not be accessible to all consumers. All of the companies listed market their products through licensed Texas insurance agents and do not sell directly to consumers. View the list of Insurance Companies That May Offer Contract Surety Bonds
Agents Specializing in Surety Bonds The National Association of Surety Bond Producers (NASBP) is the international organization of professional surety bond producers and brokers. NASBP represents over 5,000 personnel who specialize in surety bonding, provide performance and payment bonds for the construction industry, and issue other types of surety bonds for guaranteeing performance, such as license and permit bonds (Source: NASBP website). The association maintains a list of its members as well as additional information for consumers on its website. To obtain a list of surety bond producers near you, please visit the NASBP website at the link below. View the list of Agents Specializing in Surety Bonds (NASBP Member Firms in Texas) View the list of Contract Surety Bonds - Other Interested Parties
National Association of Surety Bond Producers Surety Information Office
To obtain information about a surety company or licensed Texas agent, you may contact the Texas Department of Insurance at: Texas Department of Insurance
To search for information on a surety or an insurance company: "Insurer Search"
To search for information on a licensed Texas agent: "Agent Search" Statutes Regulating Certain Bond Requirements for
|