Everything is bigger in Texas. From barbecue to cowboy hats, from boots to belt buckles, if it ain’t big, it ain’t good enough for Texas. The same can be said for bail reform legislation. This year’s legislative session could definitely be described as BIG. And “big” not only describes the number of bail related bills moving through the Texas Legislature, but also the magnitude of them. There was not one, not two, but three constitutional amendments being considered. As of the writing of this blog, the topic of bail is done for Texas’ 89th legislative session. Senate Bill 9, Senate Bill 40, House Bill 75 and one of the constitutional amendments, SJR 5 have passed. SJR 1 and SJR 87 were defeated last night.
House Bill 75 – This bill requires a magistrate judge, who finds there is no probable cause for a proposed charge, must enter findings supporting their finding. PASSED
Senate Bill 9 – This bill is designed to clean up some of the loose ends from SB 6 which passed two sessions ago. SB 6 if you remember, created a list of crimes that could not receive personal bonds. This bill will help strengthen the bail profession and stop the unaccountable release of criminal defendants into Texas communities. PASSED
Senate Bill 40 – This bill prevents any public funds from being used to fund charitable bail organizations or to pay the bail of criminal defendants. This bill will put tighter restrictions on charitable bail organizations and prevent them from funding the wholesale release of criminal defendants into Texas’ communities. PASSED
Senate Joint Resolution 5 (Constitutional Amendment) – This constitutional amendment expands the list of violent and dangerous crimes that judges can utilize to deny bail. Previously, judges could only deny bail if the charge fell within four limited situations set out in the Texas Constitution, which includes capital crimes. PASSED– Goes to a vote of the people in 2026
Senate Joint Resolution 1 (Constitutional Amendment) – This constitutional amendment is similar to SJR 5, but it is focused on illegal immigrants, creating a list of crimes for which judges are required to deny bail for illegal aliens. DID NOT PASS
Senate Joint Resolution 87 (Constitutional Amendment)- This constitutional amendment addresses repeat offenders charged with one of nine specific offenses when the defendant has previously been convicted or is currently on bond for one of those same offenses. DID NOT PASS
As we mentioned previously, this has been a wild legislative roller coaster this session. All in all, it has been a very good session for public safety, accountability, the Criminal Justice System in Texas. As the 89th Texas legislative session comes to an end in a few days, the bail industry can take a deep breath knowing that the rule of law and accountability won this year, despite the big wild roller coaster ride that we all call Texas Bail Reform.