(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.


Text of article effective until January 01, 2025

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Terms Used In Texas Code of Criminal Procedure 45.016

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011