Governor Greg Abbott’s renewed push for bail reform in the 89th Legislative Session is reigniting debate over how Texas handles pretrial defendants. This week, State Senator Joan Huffman (R-Houston) introduced a series of bills aiming to amend Texas’ bail system, including a third attempt to revise the state’s Constitution.
During his State of the State address last Sunday, Abbott framed the issue as a matter of public safety, citing the tragic 2022 murder of Harris County Deputy Constable Omar Ursin. Two men charged in his killing had been out on bond for previous murder charges at the time of the crime.
“Activist judges have too much discretion to let repeat offenders out on bail only to see them harm more Texans,” Abbott said. “Many innocent Texans, including Harris County Deputy Constable Omar Ursin, have been murdered by criminals let out on bail from a prior murder charge.”
A Renewed Effort to Change Texas Bail Laws
Huffman’s key proposal, Senate Joint Resolution (SJR) 17, seeks to amend the Texas Constitution to allow judges to deny bail to those accused of serious violent, sexual, and human trafficking crimes. Under the proposed law, judges would be required to hold a bail hearing and provide a written justification for denying bail.
“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,” Huffman stated.
However, changing the state constitution requires a two-thirds majority vote in both chambers—a threshold previous efforts have failed to meet. In 2021, a similar amendment passed the House with bipartisan support but was ultimately derailed when Democrats staged a walkout over election reform legislation. A second attempt in 2023 passed the Senate with overwhelming support but stalled in the House when backers realized they lacked the required 100 votes.
House Democratic Caucus Chair Gene Wu (D-Houston) suggested that some Democrats might be open to discussion this time, but only if the proposal is well-crafted.
“As long as the proposal is not hella unconstitutional like many of those offered by Texas Republicans in the past, and as long as the proposal actually reforms the system in an intelligent and data-driven way, then we are open to discussion,” Wu said.
The Debate Over Bail Reform
The push for stricter bail policies has drawn criticism from civil liberties groups. The American Civil Liberties Union (ACLU) argued in a fundraising email this week that Abbott’s approach prioritizes expanding cash bail systems, which they claim disproportionately impact low-income Texans.
Harris County has been at the center of the bail reform debate. Numerous high-profile cases, including that of Ursin’s accused killers, have highlighted concerns over repeat violent offenders being released on bond with little oversight. Despite these concerns, efforts to restrict bail have faced resistance from some judges and Democratic lawmakers.
Judge Chris Morton of the 230th District Court in Houston, who has been scrutinized for approving bail for repeat violent offenders, recently expressed cautious support for Huffman’s proposed constitutional amendment.
“While I, like many other Texans, am always skeptical of increasing governmental powers, I do believe that this resolution will have a positive impact on public safety and will advance our criminal law towards a fairer system of pretrial detention. A system based on risk as opposed to access to money,” Morton wrote in testimony.
Additional Proposals and Legislative Outlook
Huffman also introduced SJR 49, which would mandate the denial of bail for undocumented immigrants accused of a felony. This proposal, likely to face strong opposition from Democrats and civil rights groups, aligns with Republican efforts to tighten immigration enforcement at the state level.
Meanwhile, Senate Bill (SB) 9) seeks to strengthen bail regulations by requiring a presiding judge—rather than an appointed magistrate—to set bail for violent offenders, repeat felons, and parolees. The bill would also prohibit personal recognizance (PR) bonds for charges related to firearm possession, family violence protective orders, terroristic threats, and fentanyl-related murders.
Additionally, SB 9 includes stricter reporting requirements for charitable bail organizations, which have played a controversial role in securing pretrial release for defendants. Harris County records show that nonprofits such as The Bail Project and the Texas Bail Fund have covered bail for hundreds of defendants in the past two years, with payments ranging from $950 to $14,950.
Other proposed measures include expanding the Public Safety Report System used in bail decisions and banning local governments from using taxpayer funds to support charitable bail organizations.
What’s Next?
Lt. Gov. Dan Patrick has also designated bail reform as a legislative priority, signaling strong Republican support in the Senate. The Senate Committee on Criminal Justice is set to hold a hearing on Huffman’s bills on February 12.
“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,” Huffman said.
While SJR 17 and SJR 49 face uncertain paths in the House, SB 9 and other reforms stand a strong chance of passage given Republican control of both chambers. However, Democratic opposition and concerns over constitutional rights will likely continue to shape the debate in the coming weeks.
The Bigger Picture
Beyond Texas, bail reform remains a contentious issue nationwide, with some states moving toward stricter pretrial detention laws while others push for more lenient policies focused on reducing incarceration rates. As lawmakers in Austin grapple with these proposals, the outcome could set a precedent for how Texas—and possibly other states—handle pretrial detention moving forward.
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