Texas Code of Criminal Procedure
§ 17.16 — DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION
CR § 17.16Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 17. BAIL
Statute text
View on source(a)A surety may before forfeiture relieve the surety of the surety's undertaking by:
(1)surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or
(2)delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in:
(A)federal custody, subject to Subsection (a-1);
(B)the custody of any state; or
(C)any county of this state. (a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety's undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States.
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 87 (S.B. 877), Sec. 1, eff. May 19, 2011. Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 4.01, eff. September 1, 2017.