No holding a defendant longer than the max term, good-conduct credit counted.
This bill bars a jail from holding a defendant before trial for longer than the maximum jail or prison term the defendant could get if convicted, after counting the most good-conduct credit the defendant could earn in that county jail. It covers people charged with a Class B misdemeanor or anything more serious, except defendants who are being evaluated for competency or are under a competency commitment order. Once the cap is reached, the defendant can no longer be kept in jail pending trial, and the rule applies only to people arrested on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 476 (Did not pass) and this bill (Vetoed). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 476 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.CROSS-PARTY HANDOFF. Lead author Jolanda "Jo" Jones (D) in the House. Lead sponsor Joan Huffman (R) in the Senate. Party as the Legislative Reference Library lists it for the 89th Legislature.ACROSS THE AISLE. Joint authors: 3 Republicans, 2 Democrats. Party as the Legislative Reference Library lists it for the 89th Legislature.
relating to the release of certain defendants detained in jail
pending trial.
WHAT IT DOES
No holding a defendant longer than the max term, good-conduct credit counted.
This bill bars a jail from holding a defendant before trial for longer than the maximum jail or prison term the defendant could get if convicted, after counting the most good-conduct credit the defendant could earn in that county jail. It covers people charged with a Class B misdemeanor or anything more serious, except defendants who are being evaluated for competency or are under a competency commitment order. Once the cap is reached, the defendant can no longer be kept in jail pending trial, and the rule applies only to people arrested on or after September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Names were not printed for yea. Only the named positions are included in member records.
Sources
Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 413 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1.
Published stock of positions for this vote, except where marked derived.
Yea: 30 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed for yea. Only the named positions are included in member records.
Voice vote. No numeric tally or individual yeas are inferred.
Sources
Senator Huffman moved to suspend the regular order of business to take up for consideration HB 413 at this time on its second reading: HB 413, Relating to the release of certain defendants detained in jail pending trial. The motion prevailed. Senator Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to third reading by a viva voce vote.
Published stock of positions for this vote, except where marked derived.
Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
House committee · Criminal Jurisprudence · Committee vote 8 aye, 2 nay, 1 absent · Out of committee
Senate committee · Criminal Justice · Committee vote 7 aye, 0 nay · Out of committee
Subjects
Criminal Procedure--Pretrial Procedure
Criminal Procedure--Sentencing & Punishment
Text
The text as introduced · 268 words
89R2136 EAS-D
By: Jones of Harris
H.B. No. 413
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain defendants detained in jail
pending trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.1511 to read as follows:
Art. 17.1511. RELEASE OF CERTAIN DEFENDANTS DETAINED LONGER
THAN POTENTIAL PUNISHMENT. (a) Notwithstanding any other law and
except as provided by Subsection (b), a defendant charged with an
offense punishable as a Class B misdemeanor or any higher category
of offense may not be detained in jail pending trial for a
cumulative period that, when considering the maximum credit toward
the defendant's sentence to which the defendant would be entitled
to earn as a result of the defendant's conduct while confined in the
county jail of the county in which the offense occurred, exceeds the
maximum term of confinement that may be imposed on conviction of the
offense of which the defendant is accused.
(b) This article does not apply to a defendant who is being
evaluated for competency or subject to an order of commitment
issued under Chapter 46B.
SECTION 2. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.
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