Monday is a pivotal day at the Texas Capitol as lawmakers take up a controversial bail reform measure that's been years in the making.
The Texas House of Representatives is expected to debate and vote Monday on , a proposed constitutional amendment that would give judges the authority to deny bail to people accused of certain violent crimes, including murder, aggravated robbery, human trafficking, and the sexual assault of a child.
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WATCH HEREThe bill had an easy path through the Senate when it was passed there in February.
"In a strong bipartisan effort, Republicans and Democrats voted 29-2, clearly indicating that violent offenders should not be permitted to roam freely in our communities,” Lt. Governor Dan Patrick, who presides over the Texas Senate, . "Since the Senate first passed a version of this resolution in January 2021, there have been at least 162 homicide cases filed in Harris County alone involving defendants who were released on one or more criminal case bonds at the time they committed a new murder offense.”
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SIGN UP Supporters say the amendment is aimed at protecting public safety, by keeping high-risk offenders behind bars while they await trial.
“They need to understand we're talking about the worst of the worst offenders in the state of Texas,” said Rep. Mitch Little (R–Denton). “We cannot have people, for whom it's obvious they're an ongoing risk to public safety, remaining on the streets to reoffend and harm other people.”
SJR 5 is one of Governor Greg Abbott’s top legislative priorities. If the House passes the resolution with a two-thirds majority – at least 100 votes – it would then appear on the November statewide ballot, allowing Texas voters to decide whether it should become law.
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However, opponents warn that the proposal could have unintended consequences. Critics say it risks undermining the presumption of innocence and could lead to more legally innocent people being jailed simply because they can't afford to pay bail.
, nonprofit pointed to the financial toll already placed on the state’s jail system.
"On any given day, over 53,000 people are locked up in Texas jails, most of them awaiting trial, not because they’ve been convicted of a crime, but because they can’t afford bail. Texas taxpayers already spend over $1 billion annually to detain legally innocent people,” the organization said, adding that if the bill passes, the number will increase.
The legislation includes additional provisions that would expand judicial authority. Judges would be able to deny bail for certain repeat offenders and could also restrict personal recognizance bonds for individuals charged with gun-related crimes, such as “felon in possession of a weapon.”
SJR 5 is just one piece of a larger criminal justice agenda under consideration this session. Lawmakers are also weighing:
- House Bill 1902, which would create a new offense targeting "jugging"—a type of robbery where suspects follow victims from banks or ATMs.
- Senate Bill 3031, which would enhance penalties for road rage shootings by elevating aggravated assault with a firearm involving a vehicle from a second-degree to a first-degree felony.
The Texas House must act quickly. Lawmakers have until Saturday, May 24 to pass the resolution. The final day of the legislative session is June 2.
If the House clears the measure in time, Texas voters will have the final say this fall.
