How does bail work in Texas?

1. Constitutional Framework

Tex. Const. art. I, § 11 grants a right to bail except capital cases with proof evident. Art. I, §§ 11a-11c authorize denial for certain repeat or violent offenders.

2. Cash, Surety, Property, OR Bonds

Texas allows cash, surety, personal (PR), and property bonds (Tex. Code Crim. Proc. art. 17.02). SB 6 (2021) bars magistrates from granting PR bonds for many violent felonies.

3. Bail Hearing

Article 15.17 requires magistration within 48 hours of arrest, where bail is set and rights are read.

4. Bail Schedules

Counties publish bail schedules; harris and dallas use schedules with judicial override.

5. Bail Bond Agent / Bondsman

Licensed by county bail bond boards under Tex. Occ. Code Ch. 1704; premiums typically 10% nonrefundable.

6. Conditions

Courts impose GPS, ignition interlock, no-contact, and protective conditions under art. 17.40-17.49.

7. Bail Forfeiture

Articles 22.01-22.18 govern forfeiture. A judgment nisi issues on nonappearance; surety has limited time to surrender the principal.

8. Bail Reduction

Article 17.09 allows reduction motions; habeas corpus under art. 11.24 challenges excessive bail.

9. Pretrial Release Programs

Counties operate pretrial services agencies offering supervised release and OR recommendations.

This is legal information, not legal advice.