Tex. Code of Criminal Procedure § 45A.107
This is the official text of Tex. Code of Criminal Procedure § 45A.107, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 45A.107. BAIL.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in Texas?
See all Texas Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.