Tex. Code Crim. Proc. art. 17.21 · Chapter 17. BAIL
BAIL IN FELONY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In cases of felony, when the accused is in custody of the sheriff or other officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond; and the sheriff or other peace officer, unless it be the police of a city, or a jailer licensed under Chapter 1701, Occupations Code, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody. The defendant and the defendant's sureties are not required to appear in court.
(b) Notwithstanding Subsection (a), before releasing on bail a defendant charged with an offense punishable as a felony, a magistrate shall ensure that:
(1) the defendant has appeared before the magistrate; and
(2) the magistrate has considered the public safety report prepared under Article 17.022 for the defendant.
Notes and commentary — not statutory text
History
Added by Acts 1965, 59th Leg., vol. 2, p. 317, Ch. 722 (S.B. 107), eff. January 1, 1966.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 736 (H.B. 1070), Sec. 4, eff. June 17, 2011.
Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9), Sec. 11, eff. September 1, 2025.
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 7a9c9dd2ba62857d3d2daf8158d0807b8a7da7285a780320010c2556d378dae4
- 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
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Code of Criminal Procedure
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Code of Criminal Procedure
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