Summary of the 2025 Texas Legislative Session- Bail Matters

 

This is a summary of the bail bills or bills that may relate to the bail industry that were enacted in the 2025 Texas Legislative Session.

HB 1522- 

This bill amended the Texas Open Meetings Act to change the notice requirement from 72 hours to 3 business days.  The biggest impact of this change will impact Bail Bond Board meetings.  The notice now must be posted 3 business days before the meeting.  A weekend cannot be counted in that time period.

To see the final bill CLICK HERE. 

HB 1778-

This bill created Section 43.032 of the Texas Penal Code with creates a new offense "Continuous Promotion of Prostitution."

Additionally, the bill amends article 17.081 of the Texas Code of Criminal Procedure to add 43.032 to the list of offenses.  This section requires that for the list of offenses, the bail bond must include the address and driver's license number for the defendant and the surety.  Additionally, article 17.465 (b) of the Texas Code of Criminal Code is amended to include this new offense.  Section 17.465 requires mandatory conditions of release.  The conditions must state that the defendant cannot:

 (1)  communicate directly or indirectly with the victim; or
 (2)  go to or near:
             (A)  the residence, place of employment, or business of the victim; or
              (B)  if applicable, a school, day-care facility,   or similar facility where a dependent child of the victim is in attendance.

To see the final bill CLICK HERE.

HB 2947-

This bill amended article 17.19 of the Texas Code of Criminal Procedure.  We have a separate post that discusses this bill.  To view this post CLICK HERE.

HB 2492-

This bill amends article 17.291 (b) of the Texas Code of Criminal Procedure to require a defendant arrested on family violence charges must be held for a period of four hours after a bond has been posted.  The magistrate may extend the period to up to 48 hours.  (The change in the law was to change a "may" hold for four hours to now a "shall" hold for four hours after a bond is posted.

To see the bill CLICK HERE.

SB 40-

This bill creates section 140.014 of the Local Government Code.  The bill states that a polilitcal subdivision may not spend or give public funds to a charitable bail fund for the purposes of posting bail for a defendant.  The bill also creates a private cause of action authorizing a court to issue injunctive relief to stop such action.  Also, the prevailing party is entitled to recover the party's reasonable attorney's fees and costs.

To see the bill CLICK HERE.

SB 9-

This is the major bail reform bill passed by the Texas Legislature.  This bill is the subject of a separate article.  To view this post CLICK HERE.

SJR 5-

This is a proposed constitutional amendment that will be on the ballot in November for the voters consideration.  The joint resolution passed the legislature by a 2/3rds vote in both the Texas House and the Texas Senate.  The amendment applies to the following offenses:

(1)  murder;

(2)  capital murder;

(3)  aggravated assault if the person;

(A)  caused serious bodily injury, as that term is defined by general law, to another; or

(B)  used a firearm, club, knife, or explosive weapon,  as those terms are defined by general law,  during the   commission of the assault;

  (4)  aggravated kidnapping;

 (5)  aggravated robbery;

 (6)  aggravated sexual assault;

 (7)  indecency with a child;

 (8)  trafficking of persons; or 

 (9)  continuous trafficking of persons.

The amendment requires that bail be denied if the attorney representing the state demonstrates:

(1)  by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court; or

2)  by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure  the safety of the community, law enforcement, and the victim of the alleged offense.

To see the Joint Resolution CLICK HERE.