Tex. Code Crim. Proc. art. 17.023 · Chapter 17. BAIL
AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This article applies only to a defendant charged with an offense that is:
(1) punishable as a felony; or
(2) a misdemeanor punishable by confinement.
(b) Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is:
(1) any of the following:
(A) a resident of this state;
(B) a justice of the peace serving under Section 27.054 or 27.055, Government Code; or
(C) a judge or justice serving under Chapter 74, Government Code; and
(2) in compliance with the training requirements of Article 17.024.
(c) A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate:
(1) has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the magistrate's court; or
(2) has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022, Government Code, and before final disposition of the proceedings.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. January 1, 2022.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17.htm
- Text hash
- sha256 5aedf43e9320e8cc1d7d21d3803f9d2bb49dfb26054cf42e2034e7ce49cdfb8a
- 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
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Government Code
- Tex. Gov't Code § 27.054EXCHANGE OF BENCHES.Printed as Section 27.054 or 27.055, Government Code
- Tex. Gov't Code § 27.055SPECIAL AND TEMPORARY JUSTICES.Printed as Section 27.054 or 27.055, Government Code
- Tex. Gov't Code § 33.022INVESTIGATIONS AND FORMAL PROCEEDINGS.Printed as Section 33.022, Government Code
- Tex. Gov't Code ch. 74COURT ADMINISTRATION ACTPrinted as Chapter 74, Government Code
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.