Lawmakers in the Texas House are considering legislation that would deny bail to certain illegal aliens and violent offenders.
During a prolonged hearing in the House Criminal Jurisprudence Committee on Tuesday, representatives presented two Senate companion measures and two proposed constitutional amendments regarding stricter bail reform.
State Rep. John Smithee (R-Amarillo), the committee chair, is carrying the four items in the House. They are identical to State Sen. Joan Huffman’s (R-Houston) proposals, which were approved in the Senate last month.
HJR 16 would require judges to deny bail to illegal aliens charged with felony offenses.
Alexis Nungaray testified in favor of HJR 16. Her 12-year-old daughter, Jocelyn, was sexually assaulted and killed in 2024. Two illegal aliens from Venezuela are accused of committing the crimes in Houston.
The suspects “were both apprehended by Border Patrol and released individually the same day they were apprehended,” said Nungaray.
“I had to go to a bond hearing for these individuals before I could even identify my daughter at the funeral home,” she continued. “I had to look these men in the face to make sure an adequate bond was applied for the charges that were presented.”
Nungaray has been a part of Lt. Gov. Dan Patrick’s legislative effort to get the proposed constitutional amendment through both chambers since last year.
While the joint resolution was being considered in a Senate committee earlier this year, Patrick spoke alongside Nungaray and announced a deal was being fleshed out to garner House lawmakers’ support for stricter bail reform.
Ammon Blair, a senior fellow at the Texas Public Policy Foundation, recounted his 10-year experience as a U.S. Border Patrol agent when testifying in favor of HJR 16.
“In practice, criminal illegal aliens have been released by Border Patrol. And unfortunately, as a Border Patrol agent, I saw it firsthand,” said Blair.
“This amendment represents a necessary, proportional response to a genuine public safety crisis—one that falls squarely within Texas sovereign powers while complementing federal enforcement efforts,” he added.
Andrew Hendrickson of the American Civil Liberties Union—Texas testified against HJR 16, claiming that treating people differently based on their national origin violates the 14th Amendment’s equal protection clause.
State Rep. Brett Money (R-Greenville) pushed back on Hendrickson’s equal protection clause claims, arguing that the proposal was narrowly tailored to protect a compelling U.S. and state interest.
“The people of Texas have a right to say, ‘We’re going to deny bail in these circumstances,’” argued Money.
“I would say that, … in this case, you would have an equal protection problem because two people charged with the same crime are being treated differently in bail determination based on a single factor related to their national origin,” said Hendrickson.
“Not their national origin,” Money responded. “Their citizenship status.”
House Joint Resolution 15 would authorize the denial of bail under limited circumstances to an individual accused of certain violent or sexual offenses or human trafficking.
Several family members of victims of human trafficking and sexual assault cases testified before the committee, recalling their own stories. Other individuals testified against HJR 15, citing potential civil liberty concerns.
House Bill 75 would prevent the release on bail of individuals charged with certain violent offenses, including murder, aggravated assault, aggravated kidnapping, and sexual offenses.
Emma Stammen, a policy strategist at The Bail Project, said her organization opposed HB 75, arguing that the measure increases the state’s reliance on cash bail, which she sees as immoral.
“This legislation would mandate judges to impose cash bail more often based on accusations alone, regardless of individualized circumstances,” said Stammen.
House Bill 76 would prohibit political subdivisions like municipalities and school districts from using public funds to pay nonprofit organizations to subsidize defendants’ bail bonds.
All four of the items were left pending in committee to be taken up at a later date.
