Texas House bill by Rep. Anchía outlines surety surrender procedures in bond forfeiture cases

Newly passed bill authored by State Rep. Rafael Anchia aims to establish clear procedures for sureties surrendering their principals in bond forfeiture cases, including notification and affidavit requirements to involved parties, according to the Texas Legislature website.

In the House, 59 Democrats and 85 Republicans voted in favor of the bill, while one Democrat opposed it.

Meanwhile, in the Senate, 11 Democrats and 20 Republicans voted in favor, with no opposing votes.

Rafael Anchia introduced the bill in the Texas House on Wednesday, Feb. 12, during the 89th regular legislative session.

Anchia graduated from Tulane Law School with a JD.

Anchia, a Democrat, was elected to the Texas State House in 2005 to represent the state’s 103rd House district, replacing previous state representative Steven D. Wolens.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to certain procedures in connection with a bond forfeiture’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Article 17.19 of the Texas Code of Criminal Procedure to outline specific procedures for a surety intending to surrender their principal in connection with a bond forfeiture. It requires the surety to notify the principal’s attorney, if applicable, of their intention using Rule 21a of the Texas Rules of Civil Procedure and to file an affidavit stating details like the court and cause number, the defendant’s name, and the reasons for surrender. Additionally, if the defendant’s charge is a felony, the surety must also inform the attorney representing the state of this intention before filing the affidavit. This act will be effective Sept. 1, 2025.

The bill was co-authored by Rep. Gene Wu (Democrat – District 137) and Rep. David Cook (Republican – District 96), along with two other authors.

The bill received its final legislative approval on Friday, May 23, and was signed into law by Gov. Greg Abbott on Friday, June 20.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.