Tex. Code Crim. Proc. art. 45A.107 · Subchapter C. PRETRIAL PROCEEDINGS
BAIL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A justice or judge may require a defendant to give a personal bond to secure the defendant's appearance in accordance with this code.
(b) A justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:
(1) the defendant fails to appear in accordance with this code with respect to the applicable offense; and
(2) the justice or judge determines that:
(A) the defendant has sufficient resources or income to give a bail bond; and
(B) a bail bond is necessary to secure the defendant's appearance in accordance with this code.
(c) If a defendant required to give a bail bond in accordance with Subsection (b) does not give the bail bond within 48 hours after the issuance of the applicable order, the justice or judge:
(1) shall reconsider the requirement for the defendant to give the bail bond and presume that the defendant does not have sufficient resources or income to give the bond; and
(2) may require the defendant to give a personal bond.
(d) A defendant may be held in custody if the defendant:
(1) refuses to give a personal bond; or
(2) except as provided by Subsection (c), refuses or otherwise fails to give a bail bond.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 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.45A.htm
- Text hash
- sha256 8db5385e9a0849cec98f3ba15be9e4a33a7eec4e82d99256258f8e9cabb2e225
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 45A.107. Each shows the citation as that text prints it.
Code of Criminal Procedure
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.