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Texas Senate vs the House on bail reform


Lt. Gov. Dan Patrick and Sen. Joan Huffman (R-Houston) issued a strong warning to the Texas House on Wednesday, making it clear that failure to pass proposed bail reforms could lead to multiple special legislative sessions.

“As far as I’m concerned, if these bills do not pass the House, I see no reason for us not to go to a special session, and another special session, and another special session,” Patrick declared during a press conference.

Huffman echoed the sentiment, vowing, “We’re playing hardball this time. Hardball. We have got to get this done for the people of Texas.”

At the heart of their push is a proposal to amend the Texas Constitution to allow judges to deny bail for certain violent suspects, a measure that has previously passed the Senate with bipartisan support but failed to secure enough votes in the House.

A Renewed Effort Amid Tragedy

The push for reform has gained renewed urgency following the murder of 12-year-old Houston girl Jocelyn Nungaray, allegedly by two men who had entered the country illegally and were released on bond. The constitutional amendment, known as Jocelyn’s Law, is one of Patrick’s top priorities, alongside an amendment denying bail to undocumented immigrants charged with felonies.

Huffman and Patrick were joined by crime victims’ family members who shared personal stories of loss and frustration with the current bail system. Among them was April Aguirre, whose nine-year-old niece, Arlene Alvarez, was fatally shot by a suspect out on bond.

“The individual who shot her was out on bond before Arlene’s body left the hospital to a morgue,” Aguirre said, pushing back against concerns that the proposed changes would disproportionately impact low-income defendants.

“The majority of crime victims are also minorities and are also low-income,” she said. “Why shouldn’t criminals be financially burdened by their crimes when they commit them, but victims are immediately given a life sentence of pain and suffering?”

Since 2021, there have been at least 162 homicides in Harris County where the suspect was out on bond at the time of the crime, according to Crime Stoppers Houston.

Political Roadblocks and Opposition

While Patrick blamed House Democrats—particularly those from Harris County—for blocking bail reform efforts in previous sessions, he refrained from calling out specific lawmakers.

Newly elected House Speaker Dustin Burrows (R-Lubbock) has indicated he is open to addressing past obstacles, and Rep. John Smithee (R-Amarillo) will sponsor Huffman’s bill in the House.

However, some opposition remains. Houston Mayor John Whitmire and Harris County District Attorney Sean Teare were initially cited as supporters of the reforms, but Teare later walked back any endorsement.

Meanwhile, civil liberties groups and bail reform advocates have warned that the proposed changes could undermine constitutional rights.

Nick Hudson of the ACLU of Texas argued that Senate Bill 9 (SB 9) would “keep more Texans in jail, not because they are dangerous, but because they are poor.”

David Gaspar, CEO of the Texas Bail Project, criticized the measures as costly and ineffective.

“Texas taxpayers already spend a billion dollars each year to keep people in jail, not because they pose a threat but simply because they can’t afford bail,” Gaspar said. “These bills would make that problem even worse.”

However, records from the Harris County auditor show that the county has made multiple payments to The Bail Project in amounts of up to $14,950 over the past two years, despite The Bail Project’s claim that it has never received taxpayer funds in Texas.

What Comes Next?

With Patrick and Huffman applying pressure, the Texas House will be under scrutiny in the coming weeks. If the bills fail to pass, lawmakers may find themselves returning to Austin for a special session—perhaps more than one.

“This isn’t just about politics,” Huffman said. “It’s about saving lives.”