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Have a question? +1 815-826-6324 (815-8-BondAI) phil@AmericasSuretyBonds.com
Army Veteran Owned | Expert Surety Bonds Since 2004
There is no single Texas peace officer bond, and most peace officers post none at all. Four offices do, at four different figures. A sheriff posts an amount the commissioners court sets between $5,000 and $30,000. A constable posts between $500 and $1,500, again set by the county. A reserve deputy sheriff or reserve deputy constable posts $2,000. A tribal peace officer posts $1,000. Municipal police officers, regular deputy sheriffs, DPS troopers and school marshals post nothing. Find your office before you get a quote, because the amount is not yours to pick and in two of the four cases only your county can tell you what it is.
Texas does not require a surety bond of peace officers generally. Licensure through the Texas Commission on Law Enforcement carries no bond. Four specific offices are bonded by statute. Local Government Code 85.001 requires a sheriff to execute a bond in an amount set by the commissioners court of not less than $5,000 or more than $30,000, payable to the governor. Local Government Code 86.002 requires a constable's bond, set by the commissioners court at not less than $500 or more than $1,500. Local Government Code 85.004 and 86.012 require reserve deputies to file a bond of $2,000 payable to the sheriff or constable. Code of Criminal Procedure Art. 2A.003 requires a peace officer commissioned by a tribal council to file a bond of $1,000 payable to the governor.
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The page this replaced said peace officers in Texas are required to obtain a surety bond. That is not the law, and it sends most readers looking for something that does not exist.
Code of Criminal Procedure Art. 2A.001 lists thirty four categories of peace officer in Texas. Municipal police officers, deputy sheriffs, Department of Public Safety officers, Parks and Wildlife officers, fire marshals, district attorney investigators and the rest of that list post no bond. Licensure through the Texas Commission on Law Enforcement does not involve a bond either. TCOLE's requirements run to training hours, an examination, background checks, citizenship and a clean licensing record.
Four offices are bonded. They are bonded by different statutes, in different amounts, payable to different obligees.
The largest of the four, and the only one where the range is wide enough that the county's choice really matters to what you pay.
Local Government Code 85.001 requires the sheriff, before beginning the duties of office, to execute a bond with two or more good and sufficient sureties or with a solvent surety company authorized to do business in this state. The commissioners court sets the amount, which must be not less than $5,000 or more than $30,000, and the court approves the bond. It is made payable to the governor.
The conditions are worth reading, because they are broader than faithful performance alone. The sheriff must faithfully perform the duties of office established by law, account for and remit the fines, forfeitures and penalties the sheriff collects, execute and return when due the process and precepts lawfully directed to the sheriff, and repay any funds illegally paid from county funds to the sheriff.
The official oath is endorsed on the bond. Once the bond is executed and the oath taken, the sheriff may enter at once on the duties of office.
One feature that surprises people: the bond is not void on the first recovery. It can be sued on repeatedly until the full amount is exhausted.
A much smaller instrument, and a different obligee arrangement.
Local Government Code 86.002 requires the bond to be approved by the commissioners court of the county, and the commissioners court sets it in an amount of not less than $500 or more than $1,500. A person elected constable must also take and sign the constitutional oath of office, and that oath is endorsed on the bond together with the certificate of the officer who administers it. The bond and oath are deposited and recorded in the office of the clerk of the county court.
Section 86.023 shows the bond doing real work. If a constable receives an instrument for collection and fails to pay the amount on demand to the person for whom the collection was made, the constable and the sureties are liable on the bond.
Separately from the bond, 86.0021 gives a constable 270 days after taking office to provide the commissioners court with evidence of a permanent peace officer license. Failing that, or failing to maintain the licence, means forfeiture of the office through quo warranto proceedings. That is a licensing deadline rather than a bonding one, but it lands in the same first year.
The same figure on both the sheriff's side and the constable's side, and the same set of alternatives.
Under 85.004, a reserve deputy sheriff, before beginning to perform the duties of office and at the time of appointment, must file an oath and execute and file a bond in the amount of $2,000 payable to the sheriff. Under 86.012, a reserve deputy constable takes the official oath and executes a bond in the amount of $2,000 payable to the constable.
Both sections offer two ways around individual bonds. The sheriff or constable may execute a blanket surety bond covering the reserve deputies, or the county may self insure against losses that would have been covered by the bond. For a department with a dozen reserves, the blanket route is usually the sensible one and is worth raising with the county before writing twelve separate instruments.
A reserve deputy constable has the full authority of a peace officer while actively engaged in assigned duties, without full time employment benefits or pension eligibility.
A point that gets missed. Section 85.003 sets out the oath and written appointment for deputy sheriffs and requires no bond.
On the constable's side, 86.011 requires written approval from the commissioners court before a constable appoints a deputy, and the court approves only if it determines the deputy is necessary to handle the business of the precinct. Each deputy constable must qualify in the manner provided for deputy sheriffs under 85.003. The constable is responsible for the official acts of the deputies and may require them to post bonds or security.
So a deputy constable bond can exist, but it comes from the constable rather than from the statute, and there is no fixed amount. Ask the constable's office what they require rather than assuming a figure.
Code of Criminal Procedure Art. 2A.003 lets the tribal council of the Alabama-Coushatta Tribe of Texas, the Kickapoo Traditional Tribe of Texas, or the Ysleta del Sur Pueblo employ and commission peace officers.
Each such officer must execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the officer's duties as may be required by law. The bond is filed with the tribal council employing the officer and may be sued upon by an injured party.
Both the sheriff's bond and the constable's bond have teeth attached, and the timing is the same on each side.
Under 85.002 and 86.003, if a surety dies, permanently moves out of state or becomes insolvent, or the commissioners court finds the bond insufficient, a citation issues requiring the officer to appear and execute a new bond with adequate surety. The appearance window is after the 10th day but on or before the 30th day after the date of issuance.
If the officer neglects or refuses to appear and execute the new bond in time, that person may not exercise the functions of the office and shall be removed from office by the district judge in the manner prescribed by law.
So the practical consequence of a surety problem is not a fine. It is loss of the office.
Among the officers listed in chapter 2A, special investigators, peace officers from adjoining states, railroad peace officers, special rangers of the Texas and Southwestern Cattle Raisers Association, adjunct police officers and school marshals carry no bond requirement in the statute. Neither do municipal police officers or Department of Public Safety officers.
If you are in one of those roles and someone has told you Texas requires a peace officer bond, ask them for the code section.
No. Code of Criminal Procedure Art. 2A.001 lists thirty four categories of peace officer and the great majority of them post nothing. Municipal police officers, deputy sheriffs, Department of Public Safety officers, Parks and Wildlife officers and school marshals are not bonded. Only sheriffs, constables, reserve deputies and tribal peace officers are, under separate statutes and in different amounts.
No. The Texas Commission on Law Enforcement licensing requirements cover training hours, the state licensing exam, background checks including the National Decertification Database and criminal history searches, United States citizenship, and a licence that has never been surrendered, suspended or revoked. A surety bond is not among them.
Whatever the commissioners court sets, within a statutory range. Local Government Code 85.001 requires it to be not less than $5,000 or more than $30,000. There is no default figure, so the only way to learn yours is to ask the county. It is payable to the governor.
Also set by the commissioners court, at not less than $500 or more than $1,500 under Local Government Code 86.002. The court approves the bond, and the bond and oath are deposited and recorded with the clerk of the county court.
Individually, yes, unless the department has arranged otherwise. The amount is $2,000, payable to the sheriff for a reserve deputy sheriff under 85.004 and payable to the constable for a reserve deputy constable under 86.012. Both statutes allow the sheriff or constable to execute a blanket surety bond covering the reserves instead, or the county to self insure against the losses the bond would have covered. Ask before writing individual bonds for a large reserve program.
Not by statute. Section 86.011 makes the constable responsible for the official acts of the deputies and provides that the constable may require them to post bonds or security. So a bond can be required of you, but it comes from the constable's office rather than the code, and no amount is fixed. Ask what they want before you buy anything.
Four things under 85.001. Faithfully performing the duties of office established by law. Accounting for and remitting the fines, forfeitures and penalties the sheriff collects. Executing and returning when due the process and precepts lawfully directed to the sheriff. And repaying any funds illegally paid from county funds to the sheriff. It is also not void on the first recovery, so it can be sued on repeatedly until exhausted.
You get cited to give a new bond, and the clock is short. Under 85.002 for sheriffs and 86.003 for constables, the citation requires you to appear after the 10th day but on or before the 30th day after issuance and execute a new bond with adequate surety. Neglect or refuse and you may not exercise the functions of office and will be removed by the district judge. The same applies if the commissioners court finds your existing bond insufficient.
Code of Criminal Procedure Art. 2A.003 allows the tribal council of the Alabama-Coushatta Tribe of Texas, the Kickapoo Traditional Tribe of Texas or the Ysleta del Sur Pueblo to commission peace officers. Each must execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned on fairly, impartially and faithfully performing the officer's duties. It is filed with the commissioning tribal council and may be sued upon by an injured party.
It depends on which one, and they are not close in size. A $500 constable bond and a $30,000 sheriff bond are different transactions. These are public official bonds, so the underwriting looks at the individual holding the office rather than at a business, and the county sometimes pays the premium as a cost of the office, which is worth asking about before you pay it yourself. There is no published rate and any percentage quoted before an underwriter sees the file is a guess. Get the amount your commissioners court has set, then get a real number.
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