Texas voters are deciding this Tuesday whether judges should have expanded authority to deny bail to defendants accused of violent or sexual felonies — part of a sweeping constitutional amendment known as Proposition 3.

Expanded discretion for judges 

If approved, judges could deny bail when they find the accused is likely to skip court or poses a clear threat to public safety.

The measure builds on earlier bail reforms by extending denial powers not just to repeat offenders, but also to first-time defendants charged with serious violent or sexual felonies.

Supporters cite public safety risks 

Supporters say Proposition 3 would improve public safety by keeping high-risk defendants in custody before trial, expand judicial discretion to assess flight risk or community danger, and advance broader bail reform goals.

“We need to give judges the ability to hold the most violent offenders without bond awaiting trial, you know, after due process and a finding of a probable cause,” said state Sen. Joan Huffman, R-Houston, on Eye on Politics earlier this year.

Huffman, the lead author of Senate Joint Resolution 5, the measure that became Proposition 3, cited alarming numbers of murders in Harris County committed by individuals who were out on bond, underscoring her argument that current bail laws fail to protect public safety.

Opponents warn of consequences 

Opponents warn it could drive over-incarceration and disproportionately affect low-income Texans. Legal experts also caution that it may undermine the presumption of innocence and trigger constitutional challenges if applied too broadly.

Texas state Sen. Sarah Eckhardt, D-Austin, is among the opponents of Proposition 3, arguing it threatens due process and could lead to unjust pretrial detention. She has said expanding judicial authority to deny bail — especially for those accused of violent crimes — could disproportionately affect vulnerable defendants who lack the resources to navigate the legal system. 

Eckhardt has also emphasized the need to preserve judicial discretion and cautioned against reforms that may erode the presumption of innocence.

Texas history of amendment approval 

Since 1876, Texas voters have approved roughly 75% of all proposed constitutional amendments, according to the nonpartisan policy group Texas 2036. 

Of the five bail-related amendments previously on the ballot, each passed with at least 79% support, Ballotpedia reports.

Current bail rules and proposed changes 

Currently, Texas law guarantees bail for most defendants, except in cases where the accused:

Faces a capital offenseHas two prior felony convictionsIs charged with a felony involving a deadly weapon and has a prior felony convictionIs accused of a violent or sexual felony while already under supervision for another felony

Proposition 3 would expand bail denial eligibility to include individuals accused of:

Murder or capital murderAggravated assault causing serious bodily injury or involving a firearm, club, knife, or explosiveAggravated kidnapping, robbery, or sexual assaultIndecency with a childHuman traffickingWhat happens next 

If approved, Proposition 3 would take effect Jan. 1, 2026. Legal analysts say its rollout could face court challenges, especially if defendants argue their rights were violated under the new rules.

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