The Texas Senate made a major move on Wednesday, pushing forward a set of criminal justice bills that aim to crack down on cashless bail and keep more defendants behind bars. This sweeping legislation, which passed overwhelmingly, is set to have major implications for the state’s legal system—especially in Harris County, where Republican leaders say lenient bail policies have contributed to rising crime rates.
Governor Greg Abbott and other GOP leaders have been vocal about their support for these changes, insisting that tougher bail laws are necessary to stop repeat offenders from committing new crimes while out on bond. Many critics, however, warn that these measures could overload jails, unfairly penalize those who can’t afford bail, and deepen existing inequities in the system.
Tougher Bail Laws Targeting Harris County
One of the most notable bills in this package, Senate Bill 9, was introduced by Republican State Senator Joan Huffman from Houston. This bill significantly limits the use of low-cost or cashless personal bonds for individuals charged with serious offenses, including unlawful firearm possession, terroristic threats, child abuse, violating protective orders related to family violence, and murder tied to fentanyl manufacturing or distribution.
While most Democrats in the Senate supported the measure, some expressed concerns about its broad scope. Senator Nathan Johnson, a Democrat from Dallas, acknowledged that the House might revise the bill and urged his colleagues to be open to adjustments if needed.
The Debate: Public Safety vs. Overcrowded Jails
The proposed changes mark an expansion of Huffman’s 2021 bill, which initially restricted cashless bail for violent crime suspects. According to attorney Kirsten Budwine from the Texas Civil Rights Project, that earlier reform led to a 7% increase in the state’s jail population. She warned that SB9 could have an even greater impact, straining already overcrowded detention centers.
Opponents argue that this new legislation could punish people simply for being poor. They point to studies showing that cash bail doesn’t necessarily increase the likelihood that a defendant will appear in court. Nick Hudson, a policy strategist with the ACLU of Texas, criticized the bills for doubling down on a "broken" system that bases pretrial detention on wealth rather than public safety.
A Tougher Stance on Undocumented Defendants
Another key measure passed on Wednesday was a proposed constitutional amendment that would prohibit judges from granting bail to undocumented immigrants charged with felonies. Dubbed Jocelyn’s Law, this resolution was named in memory of 12-year-old Jocelyn Nungaray, a Houston girl who was tragically killed last June. Her mother, Alexis Nungaray, delivered an emotional testimony in favor of the measure, saying, “Anyone who comes here illegally and commits a crime should not be allowed a bond. It’s not right.”
Additionally, Senate Joint Resolution 5, also filed by Huffman, would expand judges' power to deny bail entirely. Under current Texas law, judges can only deny bail in capital murder cases or when defendants have repeat violent offenses. If this amendment passes, judges would have the authority to deny bail to individuals accused of murder, aggravated kidnapping, and robbery.
However, constitutional amendments like these require a high bar for approval. They need a two-thirds majority in both chambers of the legislature, the governor’s signature, and final approval from voters. To pass the House, at least 12 Democrats would need to support them. Democratic caucus leader Gene Wu of Houston has hinted that his party may be open to supporting parts of the legislation, though it remains to be seen how much bipartisan backing these proposals will get.
Cutting Off Public Funds for Bail Nonprofits
The Senate also approved Senate Bill 40, which takes aim at nonprofit organizations that assist low-income defendants with bail. The bill would prohibit taxpayer dollars from being used to fund these bail assistance programs. Senator Huffman specifically targeted Harris County, accusing it of using public funds to support The Bail Project, a nonprofit that helps individuals post bail.
However, investigative reports from the Houston Landing dispute this claim, stating that these transactions are not actually donations but routine bail refunds that are repaid when defendants show up for their court dates.
Push for Immediate Action in the House
Lieutenant Governor Dan Patrick celebrated the Senate's passage of the bills and urged the House to follow suit. He didn’t hold back in his criticism of the lower chamber, blaming it for previously blocking similar bail reform efforts.
“The Texas Senate has heard the cries from Texans statewide whose lives have been uprooted by criminals released on low or no bond by rogue judges and magistrates,” Patrick stated. He emphasized that Harris County, in particular, has been plagued by repeat and violent offenders being let out with minimal or no bail.
Patrick also expressed confidence that newly elected House Speaker Dustin Burrows, a Republican from Lubbock, would make sure the bills move forward this time. If not, Patrick vowed to play “hardball,” even suggesting that Governor Abbott could call special legislative sessions to force their passage. Abbott, who has sole authority to call special sessions, has named bail reform a top priority this legislative session.
The Road Ahead
With the Senate having passed these tough-on-crime bills, all eyes are now on the Texas House. Will lawmakers in the lower chamber embrace these sweeping changes, or will they water down the legislation?
Meanwhile, criminal justice advocates, civil rights groups, and defense attorneys are bracing for a fierce battle, arguing that these reforms could lead to more people being jailed unnecessarily, further burdening an already stretched system.
As the debate rages on, one thing is clear: Texas is on the brink of a major shift in its approach to bail and pretrial detention. The House is expected to take up the bills soon, and the next steps in this high-stakes political showdown could reshape the state’s criminal justice landscape for years to come.
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