Texas Proposition 3, Denial of Bail for Certain Violent or Sexual Offenses Punishable as a Felony Amendment (2025)

Texas Proposition 3
Election date November 4, 2025
Topic Bail policy
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

Texas Proposition 3, the Denial of Bail for Certain Violent or Sexual Offenses Punishable as a Felony Amendment, is on the ballot in Texas as a legislatively referred constitutional amendment on November 4, 2025.

A "yes" vote supports amending the state constitution to deny bail to individuals accused of certain violent or sexual offenses that are punishable as a felony.

A "no" vote opposes amending the state constitution to deny bail to individuals accused of certain violent or sexual offenses that are punishable as a felony.

Overview

How would the amendment change who could be denied bail?

See also: Measure design

The amendment would add the following list of offenses to the state constitution for which a person could be denied bail if a judge or magistrate determines that bail is insufficient to deter the accused from failing to appear in court:

• murder;
• capital murder;
• aggravated assault resulting in serious bodily injury to the victim or performed with a firearm, club, knife, or explosive;
• aggravated kidnapping, robbery, and sexual assault;
• indecency with a child;
• and human trafficking.

It would also allow denial of bail, after a hearing and clear and convincing evidence, if bail is deemed insufficient to ensure the safety of the community, law enforcement, or alleged victims.

Are there any existing conditions or offenses where an accused could be denied bail?

See also: Texas bail policy

Section 11 of Article 1 of the Texas Constitution guarantees all prisoners the right to bail with the following exceptions:

• capital offenses,
• an accused who has twice been convicted of a felony,
• an accused who has committed a felony while on bail for a prior felony they were indicted for,
• a person accused of a felony with a deadly weapon after being convicted of a prior felony, or
• a person accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony.

Bail can also be denied or revoked if the offender is accused of a felony or an offense involving family violence and they violate the conditions of release.

Have Texans decided on similar amendments before?

See also: Texas constitutional amendments related to bail

Texas voters have decided on five constitutional amendments related to denying bail. Each was approved with at least 79% of the vote. The last bail-related amendment was decided in 2007. It authorized the denial of bail for individuals violating court orders or release conditions in felony or family violence cases. It was approved with 83.8% of the vote. To view the complete list of bail-related amendments in Texas, click here.

What are supporters and opponents saying about the amendment?

See also: Support and Opposition

The amendment was endorsed by several police unions (Austin, Dallas, and San Antonio) as well as the Sheriffs Association of Texas and Texas Police Chiefs Association during the legislative session. Gov. Greg Abbott (R) also supported the amendment and several bail-related bills, saying, "This session, we confronted a crisis, a revolving door bail system that repeatedly released dangerous criminals back onto the streets. To the victims and their families, today your pain is answered. Not only are we signing laws that correct the wrongs, your efforts have led to a rewriting of the Constitution of the State of Texas to ensure criminals like those who harmed your families will never be out on the loose again."

Texas Civil Rights Project, Texas Criminal Defense Lawyers Association, and the Texas Jail Project opposed the amendment during the legislative process. Texas Policy Research also came out in opposition to the amendment. Texas Policy Research said, "While aimed at improving public safety, this amendment undermines individual liberty by expanding pretrial detention without conviction and curtails judicial discretion. It creates a rigid, constitutionally enshrined mandate that risks overreach, erodes due process, and expands the scope of government authority without adequate safeguards."

The Bail Project was opposed to the initial version of the amendment, but after amendments in the state House, issued the following statement, "The Senate’s version of SJR 5 threatened to unravel core legal protections and open the floodgates for unchecked pretrial incarceration. But today, the House took a meaningful step in the right direction by passing a version of the amendment that restores critical safeguards. High legal standards to deny release and the right to counsel when pretrial liberty is at stake are essential to protecting due process and preventing widespread abuse of pretrial detention. While our concerns about threats to pretrial liberty remain, the House version reflects a more responsible approach."

Measure design

See also: Text of measure

Offenses where the accused may be denied bail

The amendment would authorize a judge or magistrate to deny bail for persons accused of certain crimes if there is clear and convincing evidence that bail is insufficient to prevent the accused from not showing up for court and ensure the safety of the community, law enforcement, or the victim. This would apply to individuals accused of:

• murder;
• capital murder;
• aggravated assault resulting in serious bodily injury to the victim or performed with a firearm, club, knife, or explosive;
• aggravated kidnapping, robbery, and sexual assault;
• indecency with a child;
• and human trafficking.

Conditions for granting bail to the accused

Under the amendment, a judge or magistrate who grants bail to an accused who has committed one of the above offenses must set the bail amount to ensure the safety of the community, law enforcement, and the victims and prevent the accused's absence from court. The judge or magistrate must also consider the criminal history of the person. The judge or magistrate would have to prepare a written order including their findings for granting bail, and the legal bar would be clear and convincing evidence.

The amendment also states that the denial of bail would not abridge an accused's right to contest a denial of bail or to contest the amount of bail set. The amendment would also state that the accused is entitled to counsel at bail hearings.

Text of measure

Ballot title

The ballot title is as follows:

“

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

”

Constitutional changes

See also: Article 1, Texas Constitution

The measure would add section 11d to Article 1 of the state constitution. The following underlined text would be added: Note: Hover over the text and scroll to see the full text.

Sec. 11d. (a) This section applies only to a person accused of committing one or more of the following offenses:

(1) murder;

(2) capital murder;

(3) aggravated assault if the person:

(A) caused serious bodily injury, as that term is defined by general law, to another; or

(B) used a firearm, club, knife, or explosive weapon, as those terms are defined by general law, during the commission of the assault;

(4) aggravated kidnapping;

(5) aggravated robbery;

(6) aggravated sexual assault;

(7) indecency with a child;

(8) trafficking of persons; or

(9) continuous trafficking of persons.

(b) person to whom this section applies shall be denied bail pending trial if the attorney representing the state demonstrates:

(1) 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

(2) 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.

(c) judge or magistrate who grants a person bail in accordance with this section shall:

(1) set bail and impose conditions of release necessary only to reasonably:

(A) prevent the person’s wilful nonappearance in court; and

(B) ensure the safety of the community, law enforcement, and the victim of the alleged offense; and

(2) prepare a written order that includes findings of fact and a statement explaining the judge’s or magistrate’s justification for the grant and the determinations required by this section.

(d) This section may not be construed to:

(1) limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate; or

(2) require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom this section applies.

(e) For purposes of determining whether a preponderance of the evidence or clear and convincing evidence, as applicable, exists as described by this section, a judge or magistrate shall consider:

(1) the likelihood of the person’s wilful nonappearance in court;

(2) the nature and circumstances of the alleged offense;

(3) the safety of the community, law enforcement, and the victim of the alleged offense; and

(4) the criminal history of the person.

(f)At a hearing described by this section, a person is entitled to be represented by counsel.

Support

Supporters

Officials

• Gov. Greg Abbott (R)
• State Sen. Joan Huffman (R)
• Dallas County Criminal District Attorney John Creuzot (D)
• Comal County Criminal District Attorney Jennifer Tharp
• Lt. Gov. Dan Patrick (R)

Unions

• Austin Police Association
• Dallas Police Association
• San Antonio Police Officers Association
• Texas Police Chiefs Association

Organizations

• Crime Stoppers
• Sheriffs Association of Texas
• Texas Municipal Police Association
• Texas Public Policy Foundation
• The Professional Bondsman of Texas
• True Texas Project

Arguments

• Gov. Greg Abbott (R): "This session, we confronted a crisis, a revolving door bail system that repeatedly released dangerous criminals back onto the streets. To the victims and their families, today your pain is answered. Not only are we signing laws that correct the wrongs, your efforts have led to a rewriting of the Constitution of the State of Texas to ensure criminals like those who harmed your families will never be out on the loose again."
• Sen. Joan Huffman (R-17): "Members, we need to remember that our first and foremost duty as legislators is looking out for the safety and wellbeing of the citizens of Texas and the constituents that elect us."
• Nikki Pressley, Texas state director of Right on Crime at the Texas Public Policy Foundation: "This historic vote shows that the Texas House has decided to put public safety above party politics. This collaboration will undeniably make Texas stronger and our communities safer."

Opposition

Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Opponents

Political Parties

• Libertarian Party of Texas

Organizations

• Texas Civil Rights Project
• Texas Criminal Defense Lawyers Association
• Texas Jail Project
• Texas Policy Research

Arguments

• Texas Policy Research: "While aimed at improving public safety, this amendment undermines individual liberty by expanding pretrial detention without conviction and curtails judicial discretion. It creates a rigid, constitutionally enshrined mandate that risks overreach, erodes due process, and expands the scope of government authority without adequate safeguards."

Campaign finance

See also: Campaign finance requirements for Texas ballot measures

Ballotpedia has not identified any committees registered to support or oppose the measure. If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Texas bail policy

Bail is an amount of money a defendant must pay in order to be released from custody while awaiting their trial. Bail is an assurance that the defendant will attend all required trials. Bail is returned to the defendant after a trial is over. A judge or magistrate determines a proper bail amount to set for a defendant based on their criminal history, prior court appearances, community ties, risk to the community and law enforcement, and likelihood of appearance in court.

Section 11 of Article 1 of the Texas Constitution guarantees all prisoners the right to bail with the following exceptions:

• capital offenses,
• an accused who has twice been convicted of a felony,
• an accused who has committed a felony while on bail for a prior felony they were indicted for,
• a person accused of a felony with a deadly weapon after being convicted of a prior felony, or
• a person accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony.

The constitution also currently authorizes judges or magistrates to deny bail following a hearing if the offender is accused of a felony or an offense involving family violence and is released on bail pending trial, and whose bail is subsequently revoked or forfeited for violating the conditions of release.

United States v. Salerno et al. (1987)

See also: United States v. Salerno et al. (1987)

In 1984, Congress passed the Bail Reform Act authorizing federal courts to deny bail if the government could show clear and convincing evidence that the accused's release put the community's safety at harm. Under the authority of the act, the government denied bail to Anthony Salerno, who was indicted for several violations of the Racketeering, Influence, and Corrupt Organizations Act (RICO), among other violations, citing the safety of the community. The Second Circuit Court of Appeals ruled that the denial of bail was an unconstitutional violation of Salerno's liberty.

In a 6-3 ruling, the U.S. Supreme Court reversed the ruling of the appeals court, finding the Act did not violate the U.S. Constitution because the government's interest in protecting the community outweighs individual liberty in the case of pretrial detention. The court ruled that the safety of the community and the likelihood of appearance in court should be considered when setting pretrial release conditions and could be used to deny bail for a specific list of serious offenses. The court also ruled that the law did not violate the Excessive Bail Clause of the Eighth Amendment.

State constitutional right to bail provisions

In 18 states, the state constitution contains a general right to bail provision according to the National Conference of State Legislatures (NCSL). In 23 states, including Texas, voters have amended the right to bail provisions to authorize preventive detention for certain circumstances or offenses. Nine states do not have an affirmative right to bail provision, but use similar language as the federal constitution regarding excessive bail. The map below shows how each state treats bail in its state constitution.

Texas constitutional amendments related to bail

Texas voters have decided on five constitutional amendments related to denying bail. Each was approved with at least 79% of the vote.

Year	Type	Title	Description	Result	Yes Votes	No Votes
2007	LRCA	Proposition 13	Authorize the denial of bail for individuals violating court orders or release conditions in felony or family violence cases	a	916,173 (84%)	176,189 (16%)
2005	LRCA	Proposition 4	Allow denial of bail to a criminal defendant who breaches safety-related release conditions.	a	1,813,290 (85%)	322,168 (15%)
1993	LRCA	Proposition 12	Allow bail denial for those charged with certain violent or sexual offenses committed while under state or political subdivision supervision.	a	997,890 (89%)	122,547 (11%)
1977	LRCA	Proposition 3	Allow denial of bail for felons with prior convictions or charged while on bail, or involved in weapon crimes with prior felony evidence, with a 60-day limit on pre-trial detention and appeal rights	a	472,948 (84%)	92,568 (16%)
1956	LRCA	Proposition 8	Allow courts, magistrates and judges to deny bail to a person who had been convicted of two previous felonies	a	1,014,249 (79%)	266,408 (21%)

Bail-related ballot measures, 2010-2023

Ballotpedia tracked six statewide ballot measures in five states related to bail changes between 2010 and 2023. All but one was approved.

State	Year	Type	Title	Description	Result	Yes Votes	No Votes
WI	2023	LRCA	Question 1	Authorize the state legislature to define serious harm in relation to the conditions a judge imposes on an accused person released before conviction	a	1,163,303 (67%)	584,624 (33%)
WI	2023	LRCA	Question 2	Authorize judges to impose cash bail on an accused person of a violent crime based on circumstances, like the need to protect the community from serious harm and the probability the accused will not appear in court	a	1,186,025 (68%)	569,286 (32%)
OH	2022	LRCA	Issue 1	Require judges to "use factors such as public safety, including the seriousness of the offense, and a person's criminal record" when setting amounts and conditions of bail	a	3,107,629 (78%)	901,997 (22%)
CA	2020	VR	Proposition 25	Upholds the contested legislation, Senate Bill 10, which would replace cash bail with risk assessments for detained suspects awaiting trials		7,232,380 (44%)	9,358,226 (56%)
NM	2016	LRCA	Constitutional Amendment 1	Allow courts to deny bail to a defendant charged with a felony if a prosecutor shows evidence that the defendant poses a threat to the public, while also providing that a defendant cannot be denied bail because of a financial inability to post a bond	a	616,887 (87%)	90,293 (13%)
WA	2010	LRCA	HJR 4220	Give judges authority to deny bail whenever they deem the public at risk	a	2,082,465 (85%)	378,634 (15%)

States voting on bail policy measures in 2026

Alabama

Alabama voters will be deciding on a constitutional amendment concerning bail policy in May 2026. The amendment would expand the state's bail law by adding to the list of crimes for which bail can be denied. Currently, bail can be denied in Alabama for murder, sexual torture, terrorism, aggravated child abuse, as well as kidnapping, rape, sodomy, domestic violence, human trafficking, burglary, arson, and robbery if in the first-degree. The amendment would permit bail to be denied for the following offenses as well:

• shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft; and
• solicitation, attempt, or conspiracy to commit murder.

Tennessee

Tennessee voters will be deciding on amendment to create a list of criminal offenses for which an individual can be denied bail in November 2026. Bail could only be denied if sufficient proof of the crime is evident or the presumption of the accused individual’s guilt is great. The Tennessee Constitution currently allows judges to deny a defendant bail only in cases of a capital offense. Under the constitutional amendment, non-bailable offenses would include a capital offense, an act of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any other offense for which a convicted individual could not be released before serving at least 85% of their sentence.

Path to the ballot

Amending the Texas Constitution

See also: Amending the Texas Constitution

A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Senate Joint Resolution 5 (2025)

The following is the timeline of the constitutional amendment in the state legislature:

• February 7, 2025: The amendment was introduced.
• February 20, 2025: The Senate passed SJR 5 by a vote of 28-1.
• May 19, 2025: The House passed an amended version of SJR 5 by a vote of 133-8, with nine not voting or absent.
• May 29, 2025: The Senate concurred with the House version by a vote of 31-0.

Partisan Direction Index = R+12.3% (Bipartisan)

Democratic Support

87.7%

Republican Support

100.0%

How does this vote compare to other legislative ballot measures in 2025?
Learn more about the ballot measures PDI →

 Texas House of Representatives

Voted on May 19, 2025

Votes Required to Pass: 100
	Yes	No	NV
Total	133	8	9
Total %	88.7%	5.3%	6.0%
Democratic (D)	46	8	8
Republican (R)	87	0	1

Texas State Senate

Voted on May 29, 2025

Votes Required to Pass: 21
	Yes	No	NV
Total	31	0	0
Total %	100.0%	0.0%	0.0%
Democratic (D)	11	0	0
Republican (R)	20	0	0

How to cast a vote

See also: Voting in Texas

See below to learn more about current voter registration rules, identification requirements, and poll times in Texas.

How to vote in Texas

Poll times

In Texas, all polling places are open from 7:00 a.m. to 7:00 p.m. local time. Texas is divided between the Central and Mountain time zones. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.

The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.

Automatic registration

Texas does not practice automatic voter registration.

Online registration

See also: Online voter registration

Texas does not permit online voter registration.

Same-day registration

Texas does not allow same-day voter registration.

Residency requirements

Prospective voters must reside in the county in which they are registering to vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Texas does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

State law requires election officials to conduct a check of registered voters' citizenship status. Section 18.068 of the Texas Election Code says the following:

“	The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.	”
—Section 18.068, Texas Election Code

In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days. The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April. A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Texas requires voters to present photo identification while voting.

The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.

• Texas driver’s license issued by the Texas Department of Public Safety (DPS)
• Texas Election Identification Certificate issued by DPS
• Texas Personal Identification Card issued by DPS
• Texas handgun license issued by DPS
• United States Military Identification Card containing the person’s photograph
• United States Citizenship Certificate containing the person’s photograph
• United States passport (book or card)

Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.

Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:

• Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate
• Copy of or original current utility bill
• Copy of or original bank statement
• Copy of or original government check
• Copy of or original paycheck
• Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document)

The following voters are exempt from showing photo ID:

• Voters with a disability
  • Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county."
• Voters who have a religious objection to being photographed

Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.

See also

2025 ballot measures

View other measures certified for the 2025 ballot across the U.S. and in Texas.

• 2025 ballot measures
• Texas 2025 ballot measures
• Texas elections, 2025

Texas ballot measures

Explore Texas's ballot measure history, including constitutional amendments.

• List of Texas ballot measures
• Texas Historical Ballot Measures Factbook
• Bail policy ballot measures
• Texas State Legislature

Legislative process

Understand how measures are placed on the ballot and the rules that apply.

• Legislatively referred constitutional amendment
• Texas Constitution
• Amending state constitutions

External links

• Text of SJR 5

Footnotes

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