Tex. R. Civ. P. 708

When the defendant fails to replevy the property within ten days after the levy of the writ and

service of notice on defendant, the officer having the property in possession shall at any time

thereafter and before final judgment, deliver the same to the plaintiff upon his giving bond payable

to defendant in a sum of money not less than the amount fixed by the court's order, with sufficient

surety or sureties as provided by statute to be approved by such officer. If the property to be

replevied be personal property, the condition of the bond shall be that he will have such property,

in the same condition as when it is replevied, together with the value of the fruits, hire or revenue

thereof, forthcoming to abide the decision of the court, or that he will pay the value thereof, or the

difference between its value at the time of replevy and the time of judgment (regardless of the

cause of such difference in value, and of the fruits, hire or revenue of the same in case he shall be

condemned to do so). If the property be real estate, the condition of such bond shall be that the

plaintiff will not injure the property, and that he will pay the value of the rents of the same in case

he shall be condemned to do so.

On reasonable notice to the opposing party (which may be less than three days) either party shall

have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency

of sureties, and estimated value of the property, by the court which authorized issuance of the writ.

The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth

such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The

court shall forthwith enter its order either approving or modifying the requirements of the officer

or of the court's prior order, and such order of the court shall supersede and control with respect to

such matters.