Bail

Art. 45A.107. BAIL. (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. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.