Tex. Code of Crim. Proc. Article 45.016
Personal Bond; Bail Bond


(a)

The justice or judge may require the defendant to give a personal bond to secure the defendant’s appearance in accordance with this code.

(b)

The 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 under Subsection (b) remains in custody, without giving the bond, for more than 48 hours after the issuance of the applicable order, the justice or judge shall reconsider the requirement for the defendant to give the bond.

(c)

If before the expiration of a 48-hour period following the issuance of the applicable order a defendant described by Subsections (b)(1) and (2) does not give a required bail bond, 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)

If the defendant refuses to give a personal bond or, except as provided by Subsection (c), refuses or otherwise fails to give a bail bond, the defendant may be held in custody.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon’s Ann.C.C.P. art. 45.41 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 9, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.

Source: Article 45.016 — Personal Bond; Bail Bond, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45.­htm#45.­016 (accessed Apr. 13, 2024).

45.001
Objectives of Chapter
45.002
Application of Chapter
45.003
Definition for Certain Prosecutions
45.004
General Definition
45.011
Rules of Evidence
45.012
Electronically Created Records
45.013
Filing with Clerk by Mail
45.015
Defendant Placed in Jail
45.016
Personal Bond
45.017
Criminal Docket
45.018
Complaint
45.020
Appearance by Counsel
45.021
Pleadings
45.022
Plea of Guilty or Nolo Contendere
45.023
Defendant’s Plea
45.024
Defendant’s Refusal to Plead
45.025
Defendant May Waive Jury
45.026
Jury Trial
45.027
Jury Summoned
45.028
Other Jurors Summoned
45.029
Peremptory Challenges
45.030
Formation of Jury
45.031
Counsel for State Not Present
45.032
Directed Verdict
45.033
Jury Charge
45.034
Jury Kept Together
45.035
Mistrial
45.036
Verdict
45.037
Motion for New Trial
45.038
New Trial Granted
45.039
Only One New Trial Granted
45.040
State Not Entitled to New Trial
45.042
Appeal
45.043
Effect of Appeal
45.044
Forfeiture of Cashbond in Satisfaction of Fine
45.046
Commitment
45.047
Civil Collection of Fines After Judgment
45.048
Discharged from Jail
45.050
Failure to Pay Fine
45.052
Dismissal of Misdemeanor Charge on Completion of Teen Court Program
45.053
Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person
45.056
Juvenile Case Managers
45.058
Children Taken into Custody
45.060
Unadjudicated Children, Now Adults
45.061
Proceedings Concerning Electronic Transmission of Certain Visual Material Depicting Minor
45.101
Justice Court Prosecutions
45.102
Offenses Committed in Another County
45.103
Warrant Without Complaint
45.0201
Appearance by Telephone or Videoconference
45.201
Municipal Prosecutions
45.202
Service of Process
45.203
Collection of Fines and Costs
45.0211
Plea by Defendant Charged with Family Violence Offense
45.0215
Plea by Minor and Appearance of Parent
45.0216
Expunction of Certain Conviction Records
45.0217
Confidential Records Related to Charges Against or Conviction of a Child
45.0218
Confidential Records Related to Fine-only Misdemeanor
45.0241
Acceptance of Defendant’s Plea
45.301
Definitions
45.302
Applicability
45.303
Transfer to Juvenile Court Not Affected
45.304
Diversion Eligibility
45.305
Diversion Strategies
45.306
Youth Diversion Plan
45.307
Youth Diversion Coordinator
45.308
Diversion Agreement
45.309
Intermediate Diversion
45.310
Diversion by Justice or Judge
45.311
Referral to Court
45.312
Local Youth Diversion Administrative Fee
45.313
Diversion Records
45.0425
Appeal Bond
45.0426
Filing Bond Perfects Appeal
45.0445
Reconsideration of Satisfaction of Fine or Costs
45.0492
Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants
45.0511
Driving Safety Course or Motorcycle Operator Course Dismissal Procedures
45.0541
Expunction of Failure to Attend School Records

Accessed:
Apr. 13, 2024

Art. 45.016’s source at texas​.gov