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Texas Governor Greg Abbott (R) has repeatedly called for bail reform as an emergency legislative priority, citing cases where violent offenders released on bail have gone on to commit additional crimes. Abbott’s primary argument is that activist judges have set bail too low, allowing dangerous criminals back on the streets and endangering public safety.
During his 2025 State of the State Address, Abbott emphasized the need for a constitutional amendment to prevent judges from releasing violent offenders on bail. His administration argues that current bail policies fail to consider the safety of communities and law enforcement officers.
“To make our communities safer, we must eliminate parole for criminals convicted of child trafficking. We must deny bail to criminals charged with capital murder and other heinous violent crimes. Illegal immigrants who are arrested should be considered a flight risk, denied bail, and turned over to ICE.”
“Activist judges have too much discretion to let repeat offenders out on bail, only to see them harm more Texans.”
“Lawmakers must choose – support the safety of the citizens they represent, or the criminals who kill them.”
Source: 2025 State of the State Address, Texas Governor Greg Abbott (R), 2.2.2025
Legislative History (Saga) of Bail Reform in Texas
Bail reform has been a recurring issue in Texas politics for several legislative sessions. Despite numerous attempts, previous efforts have faced obstacles in the legislative process due to political opposition and legal concerns.
86th Legislative Session (2019)
Senate Bill 628 (SB 628) and Senate Joint Resolution 37 (SJR 37) aimed to prohibit the release of certain violent offenders on personal recognizance bonds. However, the legislation never advanced beyond the Senate Criminal Justice Committee, which was chaired by its author, former State Sen. John Whitmire (D-Houston).
In the Texas House of Representatives, duplicate legislation—House Bill 1323 (HB 1323) and House Joint Resolution 62 (HJR 62)—was introduced by former State Rep. Andrew Murr (R-Junction). While these bills reached the House Calendars Committee, they were never scheduled for a vote and, therefore, were not considered by the full House.
Additionally, another bail reform measure, House Bill 2020 (HB 2020), authored by former State Rep. Kyle Kacal (R-College Station), successfully passed the Texas House. However, it was never referred to a committee in the Texas Senate before the legislative session ended, effectively ending its prospects. Also known as the Damon Allen Act, HB 2020 proposed the creation of a Bail Advisory Commission to develop a pretrial risk assessment tool, revise statutory rules governing bail procedures, and limit the authority to grant bail to magistrates with specific qualifications.
87th Legislative Session (2021)
Senate Bill 21 (SB 21), authored by State Sen. Joan Huffman (R-Houston) and a legislative priority of Lt. Gov. Dan Patrick (R), aimed to reform the bail system by requiring judges and magistrates to evaluate key defendant information—such as criminal history reports—when making bail decisions. The bill also mandated county clerks to collect and publish relevant bail bonding data through the Office of Court Administration. Although SB 21 passed the Senate, it was never granted a hearing in the House Criminal Jurisprudence Committee.
A similar proposal in the House, House Bill 20 (HB 20), filed by former State Rep. Andrew Murr (R-Junction) and prioritized by then-House Speaker Dade Phelan (R-Beaumont), passed both legislative chambers. However, the House ultimately failed to consider the conference committee report, which reconciled differences between the House and Senate versions, leading to the bill’s failure.
Additionally, House Joint Resolution 4 (HJR 4), introduced by former State Rep. Kyle Kacal (R-College Station), sought to give magistrates discretion to deny pretrial release to defendants accused of violent offenses, sexual offenses, or continuous human trafficking in severe cases. While the resolution passed both chambers, the House did not take up the conference committee report, causing it to fail.
Three Attempts, Three Special Sessions of the 87th Legislature (2021)
Governor Greg Abbott prioritized bail reform during the first and second special legislative sessions of 2021. However, it was not until the second session that lawmakers passed a partial reform measure. Senate Bill 6 (SB 6), known as the Damon Allen Act and authored by State Sen. Joan Huffman (R-Houston), aimed to prevent repeat violent offenders from being released on personal bonds. While the bill successfully passed both chambers and was signed into law by Abbott, critics contended that it did not go far enough in restricting bail for dangerous offenders.
In response, Abbott expanded the scope of bail reform during the third special session, pushing for broader legislative action. Senate Joint Resolution 1 (SJR 1), also authored by Huffman, sought to establish a legal framework allowing judges and magistrates to deny bail to defendants charged with violent offenses, certain sexual offenses, and specific human trafficking crimes. Although the bill passed the Senate, it failed in the House by a vote of 75-38, with more than 35 lawmakers absent.
88th Legislative Session (2023)
Efforts to pass a constitutional amendment restricting bail were introduced through Senate Joint Resolution 44 (SJR 44) and Senate Bill 1318 (SB 1318), both authored by State Sen. Joan Huffman (R-Houston). However, political disagreements between the House and Senate prevented the legislation from moving forward. When the House was set to consider the bills, lawmakers postponed the vote beyond a critical deadline, effectively ending their prospects for passage.
While the Senate supported stricter bail provisions, the House advocated for a more moderate approach that emphasized judicial discretion. The continued inability to enact comprehensive bail reform underscores deep political divisions on the issue, with concerns over constitutional rights, judicial independence, and the disproportionate impact on lower-income defendants shaping the debate.
Proposed Legislation to Address Bail Reform
Some lawmakers have already filed legislation to address Abbott’s concern in the ongoing 89th Legislative Session. State Sen. Joan Huffman (R-Houston) has filed a package of legislation aimed at reforming the bail process in Texas. In filing the legislation Huffman said,
“I, along with millions of Texans, am fed up with violent, repeat offenders being released into our communities by judges that are more concerned about their own political agenda than the safety and security of law-abiding Texans. Thanks to the Governor’s addition of bail reform to the list of emergency items, I anticipate that the Texas Senate will advance these common-sense, public safety-focused reforms through the Senate as expeditiously as possible.”
Source: Statement by State Sen. Joan Huffman (R-Houston), 2.3.2025
Senate Bill 9 (SB 9): Restricting Bail for Repeat and Violent Offenders
SB 9 sseeks to tighten bail restrictions by preventing the release of individuals charged with specific violent offenses, including murder, aggravated assault, aggravated kidnapping, and sexual offenses. Key provisions include:
- Prohibiting release on bail for offenders with prior felony convictions or parole violators
- Restrictions on personal bonds, particularly for those charged with violent crimes
- Tighter oversight on charitable bail organizations, requiring transparency in their operations
Senate Bill 1047 (SB 1047): Public Safety and Bail Review
SB 1047 aims to enhance the transparency and accountability of the bail-setting process by requiring:
- Public safety reports to be used in bail considerations
- Mandatory bail review processes for repeat offenders
- Improved victim notification systems for cases involving domestic violence, stalking, and harassment
Senate Bill 1048 (SB 1048): Restricting Public Funds for Bail Payments
SB 1048 prevents municipalities from using taxpayer funds to pay bail for criminal defendants through nonprofit organizations. Supporters argue this bill is necessary to stop local governments from indirectly funding the release of potentially dangerous individuals.
Senate Joint Resolution 17 (SJR 17): Constitutional Amendment for Bail Denial
SJR 17 proposes a constitutional amendment that would allow judges to deny bail entirely to individuals charged with violent or sexual offenses or continuous human trafficking. Under this resolution:
- Judges would be required to determine, through clear and convincing evidence, whether bail conditions are insufficient to ensure public safety
- If passed, this amendment would be placed on the November 2025 ballot for voter approval
Senate Joint Resolution 49 (SJR 49): Bail Denial for Illegal Immigrants Charged with Felonies
SJR 49 proposes another constitutional amendment that would require judges to deny bail to illegal immigrants charged with felony offenses. This proposal has generated controversy, with supporters arguing it enhances security while opponents claim it unfairly targets a specific group.
The Political Divide on Bail Reform
Bail reform has been one of the most contentious issues in Texas politics, with sharp divides along party lines.
- Republican lawmakers argue that the current bail system endangers public safety and that activist judges have abused their discretion in releasing violent offenders
- Democrats and civil rights groups argue that strict bail laws disproportionately harm low-income individuals and specific demographics of people, limiting their ability to defend themselves while awaiting trial
- Law enforcement groups largely support the reforms, emphasizing that violent offenders should not be given leniency when it comes to bail
- Bail bond industry representatives are split, with some supporting stricter regulations on bail amounts but opposing restrictions on their industry
The 2024 Republican Party of Texas Platform explicitly states,
163. Bail Reform: We call upon the Texas Legislature to ensure bail in Texas is based only on a person’s danger to society, risk of flight and criminal history. District attorneys and judges will stop setting bails that are egregiously low for the nature of the crime or release violent offenders into the community. If said offender commits a violent crime while out on bail, and bail or release was not granted based on the merits of the alleged violent crime, the district attorney and judge involved in the case are not exempt from penalties or civil suits for enabling offenders. Personal Recognizance (PR) Bonds should only be allowed for first time, non-violent offenders.
In contrast, the 2024 Texas Democratic Party’s Platform states,
“Eliminate cash bail for misdemeanors and revise cash bail policies based on dangers to the community and ensuring court appearances; and require detention decisions be made within 48 hours after arrest and be based upon written orders supported by “clear and convincing evidence.”
What’s Next for Texas Bail Reform?
With multiple bills and constitutional amendments under consideration, the outcome of this legislative session will be critical in determining the future of bail policies in Texas. If SJR 17 and SJR 49 pass, Texas voters will ultimately decide whether to enshrine stricter bail laws into the state constitution. The entirety of Huffman’s legislative package related to bail reform is currently scheduled for a public hearing in the Senate Criminal Justice Committee next week, where it is widely expected to pass and be considered by the overall Senate shortly thereafter.
Governor Abbott has made it clear that he will not back down from this fight. The question remains: Will the Texas Legislature finally pass the reforms, or will political opposition once again stall these efforts?
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