Texas bond conditions — CCP Art. 17.40

Texas bond conditions are governed by Code of Criminal Procedure Article 17.40. The rules define the State's required steps, the defendant's rights at this stage, and the consequences of noncompliance. Below: the statutory text, the standard of practice in Collin, Dallas, Denton, and Tarrant Counties, and what a defendant should know before this stage.

The controlling statute

Texas Code of Criminal Procedure Article 17.40 authorizes magistrates and trial courts to impose reasonable conditions on a pretrial release bond. Common conditions include no-contact orders with alleged victims, GPS or alcohol monitoring, drug testing, curfews, residence restrictions, surrender of firearms, and protective orders under Art. 17.292. Conditions must be reasonably related to victim safety, community safety, or assuring court appearance. Violation can result in bond revocation under Art. 17.41 or a new offense of violating a bond condition under Penal Code § 25.07.

Classification & punishment range

Elements the State must prove

To convict on a Texas CCP Art. 17.40 charge, the State must prove every element beyond a reasonable doubt:

1. Conditions imposed in writing by a magistrate or judge
2. Each condition reasonably related to assuring appearance, protecting victims, or protecting the community
3. Defendant must be informed of the conditions and consequences of violation
4. Conditions tailored to the alleged offense (e.g., GPS for family violence, alcohol monitor for DWI)
5. Right to seek modification under Art. 17.40(c)

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Bond Conditions case:

• Object that the condition is not reasonably related to any statutory purpose under Art. 17.40(a)
• Move to modify or remove conditions that are unduly restrictive or duplicative
• Challenge a no-contact or protective order under Art. 17.292 where there is no probable cause of family violence
• Request alternatives — voluntary classes, treatment, or check-ins — in place of GPS or SCRAM
• Argue that a firearm-surrender condition violates Second Amendment principles absent a particularized risk finding
• Negotiate carve-outs for employment, medical care, and shared parenting

Enhancements & collateral consequences

Violation of a bond condition involving family violence can be prosecuted as a separate Class A misdemeanor or third-degree felony under Penal Code § 25.07. Bond may be revoked under Art. 17.41 and a new bond set higher — or denied. Repeat violations of protective conditions are aggressively prosecuted in Collin, Dallas, and Denton counties. GPS and SCRAM monitoring fees fall on the defendant and can be a significant ongoing expense.