Tex. Gov't Code § 72.038 · Subchapter C. POWERS AND DUTIES
BAIL FORM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The office shall promulgate a form to be completed by a magistrate, judge, sheriff, peace officer, or jailer who sets bail under Chapter 17, Code of Criminal Procedure, for a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense. The office shall incorporate the completed forms into the public safety report system developed under Article 17.021, Code of Criminal Procedure.
(b) The form must:
(1) state the cause number of the case, if available, the defendant's name and date of birth, and the offense for which the defendant was arrested;
(2) state the name and the office or position of the person setting bail;
(3) require the person setting bail to:
(A) identify the bail type, the amount of the bail, and any conditions of bail;
(B) certify that the person considered each factor provided by Article 17.15(a), Code of Criminal Procedure; and
(C) certify that the person considered the information provided by the public safety report system; and
(4) be electronically signed by the person setting the bail.
(b-1) A person who, under the authority of a standing order related to bail, releases on bail a defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall complete the form required under this section.
(c) The person setting bail, an employee of the court that set the defendant's bail, or an employee of the county in which the defendant's bail was set must, on completion of the form required under this section, promptly but not later than 48 hours after the time the defendant's bail is set provide the form electronically to the office through the public safety report system.
(c-1) The office shall provide to the elected district attorney in each county an electronic copy of the form submitted to the office under Subsection (c) for each defendant whose bail is set in the county for an offense involving violence, as defined by Article 17.03, Code of Criminal Procedure. An elected district attorney shall provide an e-mail address to the office for the purpose of receiving a form as provided by this subsection.
(d) The office shall publish the information from each form submitted under this section in a database that is publicly accessible on the office's Internet website. Any identifying information or sensitive data, as defined by Rule 21c, Texas Rules of Civil Procedure, regarding the victim of an offense and any person's address or contact information shall be redacted and may not be published under this subsection.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 17, eff. December 2, 2021.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9), Sec. 17, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9), Sec. 17, eff. January 1, 2026.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.72.htm
- Text hash
- sha256 57b76ef5d9877d3f789fd4ee82d5271b45d8a931184f2a7ab8619d736882c2dc
- 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
- Tex. Code Crim. Proc. ch. 17BAILPrinted as Chapter 17, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.021PUBLIC SAFETY REPORT SYSTEM.Printed as Article 17.021, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.03PERSONAL BOND.Printed as Article 17.03, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.15RULES FOR SETTING AMOUNT OF BAIL.Printed as Article 17.15(a), Code of Criminal Procedure
Texas Rules of Civil Procedure
Cited by 2 provisions
Provisions in this library whose text cites Tex. Gov't Code § 72.038. Each shows the citation as that text prints it.
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.