Texas § 72.038 BAIL FORM.

Texas Statutes

§ 72.038 — BAIL FORM.

Texas § 72.038

Code GVGovernment Code

This text of Texas § 72.038 (BAIL FORM.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Government Code Code Ann. § 72.038 (2026).

Text

Sec. 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 , 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 , 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 con

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Sec. 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 , 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 , 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 (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.
(b-1) A person who, under the authority of a standing order related to bail, releases on bail a defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall complete the form required under this section.
(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 48 hours after the time the defendant's bail is set provide the form electronically to the office through the public safety report system.
(c-1) The office shall provide to the elected district attorney in each county an electronic copy of the form submitted to the office under Subsection (c) for each defendant whose bail is set in the county for an offense involving violence, as defined by Article 17.03 , Code of Criminal Procedure. An elected district attorney shall provide an e-mail address to the office for the purpose of receiving a form as provided by this subsection.
(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.

Legislative History

Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6 ), Sec. 17, eff. December 2, 2021. Amended by: Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 17, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 339 (S.B. 9 ), Sec. 17, eff. January 1, 2026.