Tex. Est. Code § 1105.204 · Subchapter E. PROVISIONS RELATING TO PERSONAL SURETIES
RELEASE OF LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A personal surety who has given a lien under Section 1105.202 may apply to the court to have the lien released.
(b) The court shall order the lien released if:
(1) the court is satisfied that the bond is sufficient without the lien; or
(2) sufficient other real or personal property of the surety is substituted on the same terms required for the lien that is to be released.
(c) If the personal surety does not offer a lien on other substituted property under Subsection (b)(2) and the court is not satisfied that the bond is sufficient without the substitution of other property, the court shall order the guardian to appear and give a new bond.
(d) A certified copy of the court's order releasing the lien and describing the property that was subject to the lien has the effect of canceling the lien if the order is filed with the county clerk and recorded in the deed records of the county in which the property is located.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1105.htm
- Text hash
- sha256 26041da23b93e2cd3cbe939017798758c9e93f77c22002fd230605d76c6f2e33
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.