The bill, H.B. No. 413, introduces a new provision in the Texas Code of Criminal Procedure, specifically adding Article 17.1511, which addresses the release of certain defendants detained in jail pending trial. Under this new article, defendants charged with offenses punishable as Class B misdemeanors or higher cannot be held in jail for a cumulative period that exceeds the maximum potential punishment they could receive, taking into account any credit for time served while in jail. This provision aims to ensure that defendants are not detained longer than the maximum sentence they could face if convicted. However, it does not apply to defendants undergoing competency evaluations or those subject to commitment orders under Chapter 46B.

The bill stipulates that the changes will only apply to individuals arrested on or after the effective date of the Act, which is set for September 1, 2025. Those arrested prior to this date will continue to be governed by the existing laws in effect at the time of their arrest. This legislative change seeks to promote fairness in the pre-trial detention process by limiting the duration of detention based on the severity of the charges faced by the defendants.