In a sweeping bipartisan move, the Texas House on Monday approved a long-awaited state constitutional amendment that would allow judges to deny bail to suspects accused of serious violent crimes, marking a major milestone in years of contentious debate over public safety and judicial discretion.
The vote—133 to 8—reflects broad legislative support for Senate Joint Resolution (SJR) 5, authored by Sen. Joan Huffman (R-Houston). The measure grants judges the ability to withhold bail in cases involving murder, aggravated sexual assault, trafficking of persons, and other high-level felonies, provided prosecutors present compelling evidence that a suspect poses a danger to the community or is unlikely to return to court.
Supporters say the reform is a necessary response to violent crimes committed by defendants released on bond, particularly in large urban counties like Harris County. Notably, the tragic case of Austin Collette, a convicted murderer who killed his girlfriend while out on bond, loomed large during legislative hearings and helped galvanize support for the bill.
Years in the Making
Efforts to pass a similar amendment have failed in past legislative sessions, mainly due to disagreements between Republicans and House Democrats over due process protections and concerns about overreach. But this year, pressure from Gov. Greg Abbott, along with strategic negotiations and amendments, paved the way for compromise.
“This is not a perfect bill,” said Rep. John Smithee (R-Amarillo), who carried the legislation in the House. “But it’s the best solution we have to fix a broken system that has let too many dangerous individuals walk free.”
The final version of SJR 5 includes important guardrails, such as requiring a full bail hearing where prosecutors must prove the need for detention based on clear evidence. It also aligns with federal standards and ensures legal counsel for defendants.
A Narrow Defeat for Mandatory Detention Clause
An attempt by Rep. Mitch Little (R-Lewisville) to make detention mandatory for certain suspects was struck down on a procedural point of order, reflecting a delicate balance lawmakers sought to maintain between public safety and due process.
Rep. Joe Moody (D-El Paso), who previously opposed earlier versions of the amendment, praised the changes that tightened legal standards and limited the scope to only the most serious offenses.
“What we have now is a clear burden on the prosecution,” said Moody. “This strikes the right balance and gives judges discretion while protecting constitutional rights.”
Still, Moody emphasized that more work is needed to protect low-level, nonviolent defendants from unnecessary pretrial detention. “For every person released who goes on to commit a horrible crime, there are many more stuck in jail for minor offenses, unable to afford bail,” he said.
Next Steps
The Senate is expected to concur with the House amendments, sending the proposal to Texas voters in the November 2025 election. If approved, the amendment would become part of the Texas Constitution.
Also advancing Monday was Senate Bill 9, another measure by Huffman, which limits the use of personal recognizance bonds and requires that bail decisions for repeat or violent offenders be made by elected judges, not magistrates.
Meanwhile, debate continues on SJR 1, or “Jocelyn’s Law,” named after a 12-year-old Houston girl murdered last year. That measure, which mandates denial of bail for illegal immigrants accused of violent felonies, fell short of the two-thirds threshold in an initial vote but will be reconsidered Tuesday.
A Message to Victims
Smithee closed Monday’s debate with a message to the families of victims whose stories shaped the legislation: “This bill isn’t mine or Sen. Huffman’s—it belongs to them. Their courage in telling their stories made this happen.”
What's Next?
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