Tex. Gov't Code Section 72.038
Bail Form


(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 (Bail), 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 (Public Safety Report System), 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 (Rules for Setting Amount of Bail)(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.

(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 72 hours after the time the defendant’s bail is set provide the form electronically to the office through the public safety report system.

(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Procedure, regarding the victim of an offense and any person’s address or contact information shall be redacted and may not be published under this subsection.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 17, eff. December 2, 2021.

Source: Section 72.038 — Bail Form, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­72.­htm#72.­038 (accessed Jun. 5, 2024).

72.001
Definitions
72.002
Effect on Judicial Discretion
72.011
Office of Court Administration
72.012
Director
72.014
Certification Division
72.015
Judicial Security Division
72.016
Notification Procedure for Judicial Privacy
72.021
Budget
72.022
Personnel
72.023
Consultation and Assistance
72.024
Methods
72.025
Annual Report
72.026
Rules
72.027
Additional Duties
72.028
Gifts, Grants, and Donations
72.029
Grants for Court System Enhancements
72.030
Collection of Data Relating to Judicial Turnover
72.031
Electronic Filing System
72.032
Best Practices Education
72.033
List of New or Amended Court Costs and Fees
72.034
Public Information Internet Website
72.035
Settlement Agreement Database
72.036
Training on Educational and Vocational Training Pilot Program
72.037
Transfer Certificate and Index of Transferred Documents Form
72.038
Bail Form
72.039
Protective Order Applications, Forms, and Materials
72.041
Diversity
72.042
Demographic Census
72.081
Rules
72.082
Performance Report
72.083
Trial Courts
72.084
Court of Appeals
72.085
Court of Criminal Appeals
72.086
Supreme Court
72.087
Capital Trials
72.121
Definitions
72.122
Establishment of Program
72.123
Notification of State Commission on Judicial Conduct
72.124
Annual Report
72.151
Definitions
72.152
Applicability
72.153
Protective Order Registry
72.154
Public Access to Protective Order Registry
72.155
Restricted Access to Protective Order Registry
72.156
Entry of Applications
72.157
Entry of Orders
72.158
Request for Grant or Removal of Public Access
72.1221
Program Access to Financial Records

Accessed:
Jun. 5, 2024

§ 72.038’s source at texas​.gov