The proposal passed the Texas House and Senate with bipartisan support during the regular legislative session, which ended June 2. Gov. Greg Abbott, who had prioritized tightening bail laws for three straight sessions, signed SJR 5 into law June 3.
Abbott also signed Senate Bill 9, which expands a list of offenses for which defendants cannot be released on low-cost bonds, and Senate Bill 40, which prohibits local governments from giving public money to nonprofits that help cover bail costs. Those laws will take effect Sept. 1.
“This session, we confronted a crisis—a revolving-door bail system that repeatedly released dangerous criminals back out onto the streets,” Abbott said before signing the bills at Crime Stoppers of Houston, a public safety nonprofit that led the push to tighten Texas’ bail rules.
Crime Stoppers CEO Rania Mankarious urged Texans to support SJR 5 in November and “vote to keep your community safe.”
What you need to know
SJR 5 is one of several constitutional amendment proposals that will appear on the Nov. 4 ballot as a state proposition, alongside measures aimed at reducing property taxes, funding water supply projects and creating a state dementia research institute. Texas’ constitutional amendment elections typically occur after a legislative session, with voters approving 13 of 14 measures in November 2023.
Proponents of SJR 5 said it would improve public safety by keeping violent offenders behind bars.
“Too many families have paid the ultimate price for a system that has failed them,” Mankarious said June 3. “Too many [police] officers have risked their lives re-arresting violent offenders. Too many communities have been shattered by repeat criminals who should not have been released.”
If voters approve SJR 5, judges across Texas would be required to deny bail to defendants accused of certain violent offenses, including murder, human trafficking and aggravated sexual assault. The state would be required to demonstrate that a defendant is a flight risk or threat to public safety before bail would be denied. Defendants would also have the right to legal counsel in bail hearings, according to the legislation.
Nearly everyone currently has the right to be released on bail under the Texas Constitution, except for those charged with capital murder or people accused and convicted of multiple violent felonies. The state constitution also prohibits “excessive bail or fines” and guarantees defendants’ rights to a speedy jury trial.
More details
SB 9 expands on a 2021 state law that limited who is eligible for low-cost personal bonds. After the legislation becomes law on Sept. 1, defendants will have to meet a higher bond if accused of unlawful possession of a firearm; violation of a family violence protective order; terroristic threat; or murder as a result of manufacturing or delivering fentanyl.
On the House floor in May, Rep. Mitch Little, R-Lewisville, said judges would be required to document their reasoning when determining whether to hold a defendant in jail or release them on bond. The state would also be able to appeal bail decisions, keeping a defendant in jail for up to 20 days during litigation.
“From time to time, we're going to see magistrates or district judges make mistakes or make bad decisions about bail concerning violent offenses,” Little said May 19. “[SB 9] is going to make the people in our districts back home safer, and it's going to protect us from ongoing conduct by people who are repeat violent offenders.”
In a May 19 statement after SB 9 passed, the American Civil Liberties Union of Texas said the legislation would unfairly punish poor Texans.
“This bill violates basic principles of due process, keeps poor people in jail for being poor, and hands prosecutors a veto over judicial decisions,” said Nick Hudson, a senior policy and advocacy strategist for the ACLU of Texas. “Texas families deserve reforms rooted in evidence, fairness and public safety instead of fear.”
Abbott said June 3 that “lives are going to be saved” by SJR 5 and SB 9.
“One [victim’s] father told me our criminal justice system gives offenders the opportunity to go back to their lives,” he said. “Meanwhile, the victims can never go back to their lives, and neither can their grieving families. That travesty ends today.”
SB 40, which also takes effect Sept. 1, prohibits the use of public funds to pay nonprofit organizations that cover bail costs. The legislation stemmed from allegations that Harris County has given nearly $2.1 million since 2022 to the Bail Project, an organization that helps low-income defendants meet bail.
“If true, this practice raises serious public safety concerns, as it allows defendants to be released from jail using the same source of taxpayer dollars that were used to arrest and process the offender,” bill author Sen. Joan Huffman, R-Houston, said in February.
A spokesperson for the Bail Project previously told Community Impact that the nonprofit does not accept public money. Funds received from Harris County were reimbursements, the spokesperson said, because state law allows refunds if a defendant appears at all required court dates.
Looking ahead
In late May, two other bail-related constitutional amendments died in the Texas House after they did not receive enough support to be placed on the ballot.
SJR 1 proposed amending the state constitution to automatically deny bail to unauthorized immigrants charged with certain felonies, while SJR 87 would have required judges to deny bail for certain repeat offenders.
Proposed constitutional amendments need support from at least 100 House members to pass. The 150-member chamber includes 88 Republicans and 62 Democrats, according to the Texas Legislative Reference Library.
During the June 3 bill signing ceremony, Lt. Gov. Dan Patrick, who leads the Texas Senate, read the names of several Democrats who voted against one or both of the proposals and urged voters who support tighter bail laws to “call their Democrat members.”
Patrick indicated he was willing to return to Austin for a special legislative session to continue working on bail proposals.
“We will not stop in the Senate, and I know the governor will not stop until we pass SJR 1 and SJR 87, whether it's in a special session or the next session,” Patrick said June 3. “We will not stop until these criminals and these illegal immigrants who are here committing crimes... are put in jail forever and never let out and never let out on bail or bond.”
Only the governor has the power to call lawmakers to the capitol for a special session.
Abbott assured reporters June 3 that he would continue working with lawmakers on bail restrictions, noting that the two proposals may “need a little bit more time to come to fruition.” He did not specify if he would call a special session.
