Tex.
Code of Crim. Proc. Article 17.023
Authority to Release on Bail in Certain Cases
(a)
This article applies only to a defendant charged with an offense that is:(1)
punishable as a felony; or(2)
a misdemeanor punishable by confinement.(b)
Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is:(1)
any of the following:(A)
a resident of this state;(B)
a justice of the peace serving under Section 27.054 (Exchange of Benches) or 27.055 (Special and Temporary Justices), Government Code; or(C)
a judge or justice serving under Chapter 74 (Court Administration Act), Government Code; and(2)
in compliance with the training requirements of Article 17.024 (Training on Duties Regarding Bail).(c)
A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate:(1)
has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature’s abolition of the magistrate’s court; or(2)
has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022 (Investigations and Formal Proceedings), Government Code, and before final disposition of the proceedings.(1)
punishable as a felony; or(2)
a misdemeanor punishable by confinement.(b)
Notwithstanding any other law, a defendant to whom this article applies may be released on bail only by a magistrate who is:(1)
any of the following:(A)
a resident of this state;(B)
a justice of the peace serving under Section 27.054 (Exchange of Benches) or 27.055 (Special and Temporary Justices), Government Code; or(C)
a judge or justice serving under Chapter 74 (Court Administration Act), Government Code; and(2)
in compliance with the training requirements of Article 17.024 (Training on Duties Regarding Bail).(c)
A magistrate is not eligible to release on bail a defendant described by Subsection (a) if the magistrate:(1)
has been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature’s abolition of the magistrate’s court; or(2)
has resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct have been instituted as provided by Section 33.022 (Investigations and Formal Proceedings), Government Code, and before final disposition of the proceedings.
Source:
Article 17.023 — Authority to Release on Bail in Certain Cases, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.023 (accessed Apr. 29, 2024).
