Overview

• The Texas House passed SJR5 with broad bipartisan support and only eight members opposed, advancing it as a proposed constitutional amendment.
• Under the House version, judges must see clear evidence that a defendant poses a flight or safety risk before denying bail and must provide the right to an attorney at bail hearings.
• Two other amendment measures—SJR1 to deny bail to certain undocumented immigrants and SJR87 for repeat felony offenders—failed to reach the 100-vote threshold.
• Senate Bill 9, which expands mandatory cash bail and allows prosecutors to appeal bail decisions, and Senate Bill 40, barring public funds for third-party bail payments, both cleared the House.
• If the Senate concurs with House changes, SJR5 will appear on the November ballot for voter approval, and Governor Abbott has not ruled out a special session for additional reforms.