Text of article effective on January 01, 2025
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.