"Governor Abbott of Texas enacts bail reform legislation in Houston: Time for consequences"

Texas Toughens Bail Rules | A Fresh Spin

In a move to enhance public safety, Texas Governor Greg Abbott recently inked a suite of bills revamping the state's bail system, intending to keep potentially dangerous individuals in custody prior to trial.

A Shift in Priorities

Gov. Abbott journeyed to Houston on June 3, 2025, to sign a series of bills, marking bail reform as a priority concern in the State of the State Address.
Despite the Texas Legislature's failure in passing measures that would deny bail to habitual offenders of specific felonies and bar automatic bond for unauthorized immigrants charged with certain felonies, the governor inked a package of bills addressing these shortcomings.

Houston Huddle: Abbott Signs Landmark Bail Reforms

On June 3, 2025, Gov. Abbott assembled in Houston to sign a series of bills that redefine the Texas bail system, focusing on keeping the state's riskiest individuals incarcerated before trial.
The event saw the governor joined by Houston Crime Stoppers CEO Raina Mankarious, Lt. Gov. Dan Patrick, Crime Stoppers Director of Victim Services and Advocacy Andy Kahan, and Amy Castillo, founder of Texas Crime Victims United, alongside law enforcement officers and families of crime victims.

Governor Abbott, A Beacon of Hope

Mankarious took the stage, hailing the moment "a day of reckoning" and a turning point in the fight for change in the reckless bail system that has endangered the public.
Abbott, acknowledging the advocates who fought for the bills, stated their efforts led to updating the Texas Constitution to hold accountable criminals that harm families, ensuring their release will become a thing of the past.

So, What Changed?

The Texas Legislature passed several bills establishing new regulations on bail procedures and the qualifiers for denying bail. Here's what you need to know about the new laws:

The New Rules

Bail Denial for Violent Crimes: Under Senate Joint Resolution 5, judges are compelled to deny bail for violent crimes like murder, rape, human trafficking, unless there is clear and compelling evidence that the accused will appear in court and won't endanger the community.
Transparency in Bail Decisions: Judges releasing violent offenders will have to explain their decisions in writing, with prosecutors granted the ability to challenge the judgments.
No Municipal Bail Funds: Senate Bill 40 prevents municipalities from using public funds to secure the release of defendants from jail, strengthening allocation for law enforcement, prosecutors, and jail operations.
Stricter Bond Rules: Senate Bill 9 forbids judicial authorities from granting cashless personal bonds for specific offenses, with the state allowed to appeal bail decisions if prosecutors believe the amount is inadequate.

The Bills that Didn't Make It

While not all bail reform bills were enacted, notably missing were Senate Joint Resolution 87 and Senate Joint Resolution 1.

Senate Joint Resolution 87 would have automatically denied bail for repeat offenders who were previously convicted of a felony or were out on bond at the time of the alleged offense. The resolution fell three votes short of the required majority.
Senate Joint Resolution 1 would have denied bail for undocumented immigrants charged with certain felonies, but did not pass.

It’s essential to note that since bail standards are constitutionally enshrined in Texas, they necessitate a constitutional amendment for any alterations, requiring a two-thirds vote in both the Texas House and Senate.

Under the Texas constitution, bail is a right for most, apart from those charged with capital murder, some individuals with repeated felonies, or cases where bail has been violated.

At its core, bail serves as the incentive to ensure the accused attends court hearings. Those unable to pay the amount can work with bail bond companies, who charge a nonrefundable fee (usually 10% of the total amount) to guarantee the remaining sum if the defendant fails to appear in court. Alternatively, judges can release the accused on a personal recognizance bond, requiring no monetary commitment.

References:

Texas Gov. Abbott Takes Landmark Action to Overhaul State's Pretrial Release System
Gov. Greg Abbott and advocates discuss new bail reform laws
Texas Governor Greg Abbott signs 'strongest bail reform package' into law
SB 9 and Bail Reform in Texas
Texas Bail Reform Explained
The Texas Governor, Greg Abbott, gathered in Houston on June 3, 2025, to sign a series of bills that redefine the Texas bail system, focusing on keeping the state's riskiest individuals incarcerated before trial.
As a beacon of hope, Governor Abbott acknowledged the advocates who fought for the bills, stating their efforts led to updating the Texas Constitution to hold accountable criminals that harm families, ensuring their release will become a thing of the past.
Under Senate Joint Resolution 5, judges are compelled to deny bail for violent crimes like murder, rape, human trafficking, unless there is clear and compelling evidence that the accused will appear in court and won't endanger the community.
The new Texas laws also include stricter bond rules, with judicial authorities forbidden from granting cashless personal bonds for specific offenses, and the state allowed to appeal bail decisions if prosecutors believe the amount is inadequate.
Despite its ambitious efforts, the Texas Legislature fell short in passing Senate Joint Resolution 87, which would have automatically denied bail for repeat offenders who were previously convicted of a felony or were out on bond at the time of the alleged offense.