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Texas statute

Tex. Code Crim. Proc. art. 45A.107 — Bail

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 45A: JUSTICE AND MUNICIPAL COURTS, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 45A.107

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 45A.107Primary source, current through the 89th Legislature, 2nd Called 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.

Official sources

This reference is informational and is not legal advice.