Texas lawmakers took a major step toward approving a sweeping criminal justice reform package Monday night, advancing a proposal that would allow judges to deny bail to suspects accused of certain violent crimes — a key priority of Gov. Greg Abbott this legislative session.
During a meeting of the House Criminal Jurisprudence Committee, lawmakers voted overwhelmingly to advance a substitute version of Senate Joint Resolution 5 (SJR 5) — a proposed constitutional amendment — that would permit judges to mandate pretrial detention for suspects accused of particularly violent felonies. The move reflects growing momentum behind Abbott’s call for stricter pretrial detention rules amid broader criminal justice reforms.
The proposal, authored by Sen. Joan Huffman (R-Houston) and sponsored in the House by Committee Chair John Smithee (R-Amarillo), seeks to revise the Texas Constitution’s long-standing guarantee that suspects be given the opportunity for bail. The amended version passed by the committee clarifies that bail can be denied if prosecutors present “clear and convincing evidence” that the suspect poses a flight risk or a danger to the public.
Bipartisan Backing Emerges
The substitute bill passed the committee on a bipartisan 10–1 vote. Democrats Gene Wu (D-Houston), Rhetta Andrews Bowers (D-Rowlett), Jolanda Jones (D-Houston), and Joe Moody (D-El Paso) joined Republicans in support of the measure. Only Rep. Ana-Maria Ramos (D-Richardson) voted against it, citing civil liberties concerns.
Support from multiple Democrats suggests that the bill has a strong chance of securing the two-thirds majority needed in the House to pass a constitutional amendment — a threshold it has already cleared in the Senate earlier this session.
Targeting Serious Offenses
The measure specifically applies to suspects charged with crimes such as:
Murder and capital murder
Aggravated kidnapping and robbery
Aggravated sexual assault
Indecency with a child
Human trafficking and continuous trafficking
To address concerns raised by both Republican and Democratic lawmakers about overreach, the bill narrowly defines aggravated assault cases where bail can be denied — requiring that the suspect either caused serious bodily injury or used a weapon.
Judicial Oversight and Legal Safeguards
In line with recommendations from legal advocates and Abbott’s office, the bill includes guardrails to ensure due process:
Defendants must be represented by counsel at bail hearings.
Judges or magistrates must issue a written justification when releasing suspects, including a detailed explanation of their reasoning.
Judges must weigh factors such as the seriousness of the offense, the suspect’s criminal record, and the likelihood of skipping court.
Additional Transparency and Restrictions in Related Bills
Alongside the constitutional amendment, the committee also advanced Senate Bill 9 (SB 9) and its companion House Bill 75 (HB 75), which impose new transparency and oversight requirements in bail-setting practices. These bills would:
Require that only elected presiding judges, not appointed magistrates, set bail in violent felony cases and similar high-risk scenarios.
Prevent magistrates from reducing bail amounts already set by judges.
Expand the list of offenses ineligible for personal recognizance (PR) bonds, including unlawful firearm possession and fentanyl-related murders.
The transparency measures, including mandatory public records in counties with populations over 200,000, aim to address concerns about inconsistent practices and underreported bail decisions across Texas.
A Race Against the Clock
The committee’s swift action comes just ahead of a critical legislative deadline for House committees to advance bills. Lawmakers now have until June 2 — the end of the regular legislative session — to bring the proposals to a full vote on the House floor.
If approved by the full Legislature, the constitutional amendment would be placed on the November 2025 ballot for voter approval. Gov. Abbott, who has aggressively pushed for these reforms, would score a significant legislative victory on one of his signature public safety issues — adding to recent wins, including the passage of education savings accounts under Senate Bill 2.
“This is about keeping dangerous individuals off the streets while protecting the rights of victims and the public,” said Smithee. “We believe we’ve struck a fair balance.”
Opponents, however, warn of potential overreach. “We must ensure these changes don’t erode the presumption of innocence,” Rep. Ramos said. “Public safety and civil liberties are not mutually exclusive.”
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