Texas Senate passes bail reform bills with strong bipartisan support

Three major bail reform measures, spearheaded by Sen. Joan Huffman (R-Houston) and backed by Gov. Greg Abbott and Lt. Gov. Dan Patrick, passed through the Texas Senate on Wednesday with overwhelming bipartisan support. Among the proposals is Senate Joint Resolution (SJR) 1, which seeks to deny bail to illegal immigrants charged with felony crimes—a direct response to the 2023 murder of 12-year-old Jocelyn Nungaray in Houston.

Strong Senate Support, Tougher Road in the House

The Texas Senate approved SJR 1 in a 28-2 vote, with eight Democrats joining Republicans in favor. The resolution proposes a constitutional amendment requiring a two-thirds majority in both chambers before heading to a statewide ballot for voter approval later this year. However, it is expected to face greater scrutiny in the Texas House of Representatives, where previous bail reform efforts stalled.

“The safety of Texans is at risk when violent offenders, including those here illegally, are released on low bail,” Lt. Gov. Dan Patrick said in a statement. “Repeat offenders must not be allowed to roam freely, continuing their crime sprees and wreaking havoc across our state.”

Huffman emphasized the urgency of the issue, citing the case of Jocelyn Nungaray. The Venezuelan nationals charged in her murder had crossed the U.S. border illegally in early 2024 but were later released into the country. Despite being charged with murder, current Texas law allowed them to be eligible for bail.

“If these men had the financial means, they could be put out on the streets today,” Huffman said.

Additional Bail Reform Measures Advance

Alongside SJR 1, senators passed Senate Bill (SB) 9 and Senate Bill (SB) 40, both designed to tighten bail restrictions for violent offenders:

SB 9 expands the list of crimes ineligible for personal recognizance (PR) bonds to include unlawful firearm possession, domestic violence protective order violations, terroristic threats, and fentanyl-related murder. It also mandates that only judges, not magistrates, can set bail for violent repeat offenders.

SB 40 prevents local governments from transferring taxpayer dollars to charitable bail organizations, such as The Bail Project, which has helped release defendants accused of violent crimes.

Despite concerns about the bills’ constitutional scope, only two Democrats—Molly Cook (Houston) and Sarah Eckhardt (Austin)—voted against SJR 1, while Sen. Boris Miles (Houston) was absent.

A Shift in Democratic Support?

House Democratic leaders have previously blocked similar bail reform measures, but there are signs of shifting attitudes. House Democratic Caucus Chair Gene Wu (Houston) recently expressed openness to discussing Huffman’s proposals, including SJR 5, which would allow judges to deny bail to those accused of sexual, violent, and human trafficking crimes.

Additionally, Harris County Sheriff Ed Gonzalez, a Democrat, publicly endorsed SJR 1, stating that individuals charged with the most violent crimes should remain behind bars “no matter how much money they have for bail.”

Victims’ advocate Andy Kahan of Crime Stoppers of Houston sees this as a potential turning point.

“With one of Harris County’s leading Democrats backing it, this could be the beginning of a ‘kumbaya moment,’” Kahan said.

Next Steps: The House Showdown

Lt. Gov. Patrick remains optimistic, citing discussions with newly elected House Speaker Dustin Burrows (R-Lubbock).

“I met with the families of victims whose lives have been destroyed by criminals out on bond, and together we met with Speaker Burrows,” Patrick said. “I believe I have a commitment from the Speaker that the Texas House will pass our bail reform package.”

If successful, the proposals would represent one of the most significant changes to Texas bail laws in decades, with the potential to reshape public safety policies statewide. The battle now shifts to the House, where lawmakers must decide whether these measures will reach Texas voters.