(a) A bail bond shall be discharged if:
(1) the principal appeals the case for which the bond is executed; and
(2) the person who executed the bond does not agree to continue during the appeal as surety.
(b) A court may not require a person who executes a bail bond to continue as surety while the principal appeals the case for which the bond is executed unless the person agrees to continue during the appeal as surety.

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Terms Used In Texas Occupations Code 1704.209

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • 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

(c) This section does not prohibit a principal from obtaining an appeal bond under the Code of Criminal Procedure.
(d) This section prevails over any provision contained in the bail bond.