Harris County officials pass bail measure requiring 10 percent fees by defendants

A vote by the Harris County Bail Bond Board on Wednesday regulated aspects of the local bail bond industry by requiring licensed agents take an upfront fee of at least 10 percent from defendants charged with violent crimes to ensure their release from jail. Enforcement of the new rule will rely on a bail bondsman’s sworn word in affidavits — and litigation to nix the policy is likely to follow, criminal justice stakeholders said. The vote followed a failed attempt in March to pass the 10 percent minimum — despite the Commissioner Court’s unanimous support of the measure as an attempt to tackle the drastic rise of violent crime during the pandemic.

Paul Castro — whose son David Castro was shot and killed in 2021 following an Astros game — urged the board with heartfelt testimony to pass the measure, saying that he felt on the verge of violence himself after learning his son’s accused killer had made bond. He expressed gratitude the voting members then “took a courageous stand.” “This is a first step in regulating the bail industry,” Castro said, noting that more fixes to Harris County’s criminal justice system are required outside of the measure. He implored a fix for the backlog in the criminal court to expedite the trial for the man charged with murder in his son’s death. Debate over bail fees stemmed from a Houston Chronicle investigation last year that found bail bondsmen — who act as intermediaries between the defendant and the court — have for years offered defendants discounted rates. A newspaper review of court records for that investigation found that bail bondsmen have been increasingly accepting lower fees on more violent crimes amid diminishing profits. Bail agents have more recently relied on payment plans.