Rule Text
It shall be sufficient proof of the breach of any such bond to show that the party continued after executing the same, to carry on the trade, business or occupation which he bound himself to discontinue; and the full amount of such bond may be recovered of the defendant and his sureties.
Amendment history: Text of article effective until April 01, 2027
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 3.01, eff. April 1, 2027.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Here's a plain English summary of this rule.
If someone signs a bond promising to stop doing a certain trade, business, or job, and they keep doing it anyway, that's all the proof a court needs to show the bond was broken. The person suing doesn't have to prove anything else beyond showing the person kept working at what they promised to stop.
Once that breach is shown, the court can require payment of the entire bond amount. This means both the person who signed the bond and anyone who co-signed as a surety (guarantor) can be held responsible for paying the full amount, not just part of it.