Texas Bail Bond Reform — What Changed and How It Affects You
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
2016-2018: Federal lawsuits attacking cash bail
The reform era began with federal civil rights lawsuits challenging cash bail systems:
- O'Donnell v. Harris County (2016-2019): Federal class action challenged Harris County misdemeanor bail system as unconstitutional. Resulted in consent decree (2019) eliminating cash bail for most misdemeanor cases in Harris County.
- Russell v. Harris County (similar challenge): Felony bail challenges proceeded separately.
- Robinson v. Galveston County (2018-2020): Similar challenges in other counties.
The legal theory: cash bail systems impose wealth-based detention. Indigent defendants couldn't make bail; wealthy defendants could; same charge, different outcomes based on ability to pay. Federal courts found this unconstitutional under Equal Protection and Due Process clauses.
2019: Texas legislative response (SB 1318)
SB 1318 (2019) was Texas's initial response to bail reform pressure:
- Required risk assessment in bail decisions
- Encouraged personal recognizance bonds for low-risk defendants
- Created standards for considering ability to pay
- Maintained discretion for judges
Effect: incremental reform without abolishing cash bail. Some counties (Travis, Bexar) implemented progressive practices; others (suburban DFW, Montgomery, Collin) maintained traditional cash bail.
2021: SB 6 — the post-Damon Allen response
The 2021 legislative session reversed direction substantially. The trigger: Texas State Trooper Damon Allen was killed in 2017 by a defendant on bond who had multiple prior arrests. The "Damon Allen Act" (SB 6, 2021) restricted bail reform:
- Cash bail required for many specific offenses (violent crimes, repeat offenders)
- Personal recognizance bond restrictions for serious cases
- Magistrate training requirements
- Public Safety Report System (PSRS) for tracking defendant criminal history at bail decisions
- Restrictions on charitable bail funds
SB 6 represented political pushback against perceived excesses of bail reform. Particularly affected: cases involving violent offenses, repeat offenders, certain DV cases.
2021-2022: Constitutional amendment effort
The 2021 legislature also passed HJR 4, proposing a constitutional amendment to limit bail. November 2022 voters approved Proposition 13:
- Authorized denial of bail for specific violent offenses
- Specified offense categories for which judges can deny bail entirely
- Set procedural requirements for bail denial hearings
The amendment shifted Texas from a system where bail was almost always available to one where serious offenses can result in pretrial detention without bail. This is a substantial constitutional change.
2023-present: Implementation and continued evolution
The current framework (2026):
- Cash bail still common for most offenses
- PR bonds available for low-risk defendants in many counties
- Bail denial possible for specific serious offenses under constitutional amendment
- Risk assessment incorporated in bail decisions in many counties
- County variation remains substantial — Travis/Dallas more progressive, suburban counties more traditional
- Continued litigation on application of bail standards
Active areas of evolution:
- Application of the constitutional amendment in specific case types
- Equal protection challenges to specific implementation
- County-by-county practice variation
- Federal court oversight in some jurisdictions (Harris County consent decree)
How the changes affect specific case types
Misdemeanor cases (Class A and B): PR bonds more common in progressive counties; cash bail still typical in conservative counties. Harris County operates under consent decree restricting cash bail.
Low-level felonies (state jail, 3rd degree non-violent): Generally still get bail; amounts typically $1,000-$25,000 depending on case and county.
Serious felonies (2nd, 1st degree): Cash bail typical; amounts $25,000-$500,000+. Bail denial possible for some categories under constitutional amendment.
Violent offenses: SB 6 cash bail requirements apply; amounts substantial; bail denial possible.
Family violence cases: Specific bail considerations under SB 6; protective order issuance routine.
Repeat offenders: Substantially restricted PR bond availability; cash bail typical with high amounts.
The defense work focus has shifted as well. Pre-reform, much defense effort went to bond reduction motions. Post-reform, focus has shifted to ensuring defendants qualify for available PR bonds and minimizing cash bail amounts where applicable.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Has Texas eliminated cash bail?
No. Cash bail remains available and is used in many Texas counties. Some counties (notably Harris under federal consent decree) have substantially restricted cash bail for misdemeanors. Statewide, cash bail is the default for most cases.
When can a judge deny bail?
Under the 2022 constitutional amendment, judges can deny bail for specific violent offenses with procedural requirements. Limited to enumerated categories. Most defendants still receive bail; denial is exception for serious cases.
How does the Public Safety Report System work?
PSRS aggregates defendant criminal history, prior bail violations, and other factors for magistrate use at bail decisions. Required by SB 6 (2021). Provides data-driven decision support.
Can I sue if my bail was unconstitutional?
Civil rights actions under 42 U.S.C. §1983 are theoretically available for unconstitutional bail practices. The class actions in Harris County and other jurisdictions established legal frameworks. Individual cases face procedural challenges (qualified immunity, etc.).
How does Texas compare to other states?
Texas is somewhere in the middle on bail reform. More restrictive than New Jersey (which eliminated cash bail), more progressive than some southern states. The 2022 constitutional amendment moved Texas in restrictive direction; the Harris County consent decree moved it progressive in that jurisdiction. Mixed picture.
