Tex. Bus. & Com. Code § 51.101
(a) Before a seller makes a representation described by Section 51.003(a)(1) or otherwise represents that the purchaser is assured of making a profit from a business opportunity, the principal seller must:
(b) The bond, trust account, or irrevocable letter of credit must be:
(2) in favor of this state.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.