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Texas Proposition 3 (2025): S.J.R. 5

Texas constitutional amendment · voted on 2025-11-04 · Result: Passed

texasconstitutional-amendment

What does this mean?

Official ballot language

The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

Plain summary

The constitutional amendment proposed by S.J.R. 5, 89th Legislature, Regular Session, 2025, amends the Texas Constitution to require the denial of bail pending trial to a person charged with certain serious felony offenses, including murder, aggravated assault, aggravated sexual assault, indecency with a child, and human trafficking, if the attorney representing the state demonstrates by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court or demonstrates by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense. The proposed amendment requires a judge or magistrate to prepare a written order when granting bail to a person charged with one or more of the listed offenses and provides guidelines that the judge or magistrate must follow in setting bail and imposing conditions of release. The proposed amendment describes what a judge or magistrate must consider when determining whether a preponderance of the evidence or clear and convincing evidence exists to deny a person bail under the amendment. The proposed amendment also provides that a person is entitled to be represented by counsel at a hearing described by the amendment.

Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21, quoted unchanged (nonpartisan). Read the source.

What a vote does

A “For” vote

Adds this amendment to the Texas Constitution: the constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

A “Against” vote

The Texas Constitution is not changed by this proposition; current provisions stay as they are.

Ballot language as certified (Texas Legislative Council analysis). A constitutional amendment takes effect only if a majority of voters approve it.

What does this mean? (plain words)

Official text

The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

AI explanation – may be wrong, check the official text

What This Measure Would Do

This measure would change the Texas Constitution. It would require that people who are charged with serious crimes, like murder or human trafficking, be denied bail if certain conditions are met. A judge or magistrate would have to hold a hearing and decide if granting bail is safe for the community, law enforcement, and the victim.

What a 'For' Vote Means

If you vote "For" this measure, it will become part of the Texas Constitution. This means that people charged with certain serious crimes may be denied bail under specific circumstances.

What a 'Against' Vote Means

If you vote "Against" this measure, nothing in the Texas Constitution will change. The current rules about bail will stay the same.

Words That May Be Confusing, Explained

* "Preponderance of the evidence": This means that one side has more evidence than the other.

* "Clear and convincing evidence": This is a higher standard than preponderance of the evidence, meaning that it's very clear which side is right.

* "Wilful nonappearance in court": This means intentionally not showing up to court.

Written by a computer model (llama3.1:8b, run on our own server) on Tue Nov 3 from the official text and nonpartisan summary only. It is not a source and takes no side. If it differs from the official text, the official text is right.

The strongest published arguments

Arguments for (supporters)

Establishing a procedure for judges to deny bail in cases involving felonies such as murder, aggravated sexual assault, and human trafficking would prevent high-risk offenders from committing additional crimes while awaiting trial. Pretrial releases on low bail or personal recognizance can allow dangerous individuals to remain in the community, as high‑risk defendants who can afford bail may be released even if they pose a significant threat to public safety.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Since 2021, there have been at least 162 homicide cases filed in Harris County against defendants awaiting trial for a previous offense while free on bond at the time of the homicide.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Limiting application of the amendment to only the most serious offenses ensures that only the individuals who pose the greatest risk are denied bail.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Denial of bail is successfully utilized in similar circumstances in the federal court system and in many other states.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

The proposed amendment provides a distinct threshold for denying bail by requiring the state to demonstrate by a preponderance of the evidence that granting bail is insufficient to reasonably prevent a person's wilful nonappearance in court or demonstrate by clear and convincing evidence that granting bail is insufficient to reasonably ensure public safety. This places a clear burden on the prosecution and conforms with the burden of proof required for detaining a defendant without bail under the federal Bail Reform Act of 1984, which was found constitutional in United States v. Salerno.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Defendants would have the right to be represented by counsel at bail denial hearings, ensuring legal representation to safeguard the defendant's rights during this critical stage of the pretrial process.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

A defendant would retain the right to appeal a judge's decision regarding bail.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Under the current system, pretrial release is effectively denied by means of bail being set so high that a defendant cannot possibly make it. The proposed amendment provides a more honest way of accomplishing this.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Arguments against (opponents)

The proposed amendment would lead to longer pretrial detentions for individuals who have yet to be convicted of a crime, increasing the financial and personal burdens of detention on these defendants and undermining the presumption of innocence.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

The proposed amendment could be ineffective at addressing its stated goal of increasing public safety, as high pretrial incarceration rates have been shown to be associated with increased recidivism, difficulty reintegrating into the community, and poorer long-term outcomes for defendants.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

The proposed amendment could exacerbate existing racial disparities in the state's criminal justice system.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Texas judges already have the discretion to effectively deny bail to potentially dangerous individuals by setting cash bonds at amounts that these defendants cannot pay.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Texas consistently ranks among the states with the highest pretrial detention rates, suggesting that the current system already provides for substantial pretrial detention.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Increasing reliance on pretrial detention could exacerbate overcrowding in county jails, which are often understaffed and struggling with limited resources, potentially leading to higher taxpayer costs without commensurate public safety benefits.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Failing to set a specific timeline by which a bail determination must be made could lead to delays in trial proceedings, causing alleged offenders to be held for longer without meaningful recourse and undermining defendants' right to a speedy trial.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

A better approach would be to require judges to consider the "least restrictive conditions" that would reasonably ensure public safety and the defendant's appearance in court. This approach would ensure that pretrial detention is reserved for truly high-risk cases and reduce the risk of unnecessarily lengthy incarceration for lower-risk defendants.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

The proposed amendment requires a judge to consider the criminal history of a defendant when making a decision to deny bail, which means that offenses committed long ago could be used against the defendant, even those that were nonviolent in nature.

Source: Texas Legislative Council, Analyses of Proposed Constitutional Amendments (Aug 2025), p. 21

Summary of comments made in committee, floor debate, or the House Research Organization analysis, as published by the Texas Legislative Council. Shown in the order published, not ranked by us.

Alternatives

Needs sources: no published alternatives yet (for example a different bill, a law instead of an amendment, or keeping current law). We only show items backed by a published source. Suggest one.

Result

For1,809,465
Against1,150,122
Percent for61.14%

Source: Texas Secretary of State results as reported by Texas Policy Research (confirm at the SOS results site) · official canvass: Texas SOS results

Officials and money

Authors: Huffman · Coauthors: Alvarado, Bettencourt, Birdwell, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, Hinojosa, Juan "Chuy", King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West · Sponsors in the other chamber: Smithee, DeAyala, Louderback, Cook, Moody

Texas legislators are not yet linked to official pages. Bill history and votes on Texas Legislature Online.

Money: Legislative Budget Board fiscal note No linked contracts or vendors yet.

Words on this page, explained (6)
Bail
Money or conditions a court sets so a person charged with a crime can leave jail while waiting for trial, to make sure they come back to court.
Bond
A way to borrow money. A government sells bonds to raise money now and promises to pay it back with interest over time. Bonds repaid from taxes often need voter approval.
Constitutional amendment
A change to a constitution. In Texas the Legislature proposes an amendment with a joint resolution passed by two-thirds of the members of each chamber. It takes effect only if a majority of the people voting on it approve it. In Florida, an amendment needs at least 60% of the votes cast on it to pass.
Joint resolution
In Texas, the type of measure the Legislature uses to propose a constitutional amendment (marked HJR or SJR). The governor does not sign or veto it; the voters decide. In Congress a joint resolution can also be used like a bill. In Florida, a joint resolution passed by three-fifths of the members of each chamber puts a constitutional amendment on the ballot.
Legislature
The elected body that makes laws. In Texas it has a House of Representatives (150 members) and a Senate (31 members). In Florida it has a House of Representatives (120 members) and a Senate (40 members).
Proposition
The name for a measure on a Texas ballot, numbered Proposition 1, 2, and so on. A "For" vote supports the measure; an "Against" vote opposes it.

Plain meanings written from linked sources. All words.

Sources

Record st-tx-2025-prop-03 · catalog st-tx-sos-ballot-measures-2025 · updated 2026-11-02 by builder v002