(a) This section applies only to a person accused of committing one or more of 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.
(b) A person to whom this section applies shall be denied bail pending trial 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.
(c) A judge or magistrate who grants a person bail in accordance with this section shall:
(1) set bail and impose conditions of release necessary only to reasonably:
(A) prevent the person's wilful nonappearance in court; and
(B) ensure the safety of the community, law enforcement, and the victim of the alleged offense; and
(2) prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's justification for the grant and the determinations required by this section.
(d) This section may not be construed to:
(1) limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate; or
(2) require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom this section applies.
(e) For purposes of determining whether a preponderance of the evidence or clear and convincing evidence, as applicable, exists as described by this section, a judge or magistrate shall consider:
(1) the likelihood of the person's wilful nonappearance in court;
(2) the nature and circumstances of the alleged offense;
(3) the safety of the community, law enforcement, and the victim of the alleged offense; and
(4) the criminal history of the person.
(f) At a hearing described by this section, a person is entitled to be represented by counsel.
(Added Nov. 4, 2025.)
Official text of the Texas Constitution as published by the Texas Legislative Council.