WEEK IN REVIEW

SENATE SENDS BAIL REFORM PACKAGE TO THE HOUSE

(AUSTIN) — The Senate passed a number of bills this week intended to keep dangerous criminals behind bars instead of free on bail. Since 2021, 162 new homicide cases have been filed in Harris County alone where the defendant is alleged to have committed the crime while out on bond, said Houston Senator Joan Huffman. Her bill, SJR 5, would ask Texas voters to amend the state constitution to permit judges to deny bail to those accused of the most violent offenses. Similar legislation has passed the Senate five times since 2021, said Huffman, but couldn’t reach the two-thirds approval threshold for proposed constitutional amendments in the House. “Think about that: one hundred and sixty two people needlessly killed, families grieving and suffering, because this legislature failed to enact common-sense, fair legislation,” she said. The amendment would allow judges to deny bail to defendants accused of violent crimes if the judge has clear and convincing evidence that release would pose a threat to community safety. This reasoning must be laid out in writing and made public. Following passage of the bill on a vote of 28 to 2, Lt. Governor Dan Patrick urged the House to approve the measure.

Thursday’s bill was one of several bail reform bills carried by Huffman and passed overwhelmingly by the Senate this week. On Wednesday, the Senate gave 30-1 approval to a bill that would again ask voters to approve a change to the state constitution, this time to require the denial of bail to any illegal immigrant accused of a felony in Texas. The bill is named “Jocelyn’s Law”, in memory 12-year-old Jocelyn Nungaray, who was murdered allegedly by two illegal immigrants from Venezuela last June. “These two men were not denied bail for the murder of Jocelyn, even when the preponderance of evidence that existed at arraignment and the fact that their illegal alien status presented a major flight risk,” said Huffman. “If these men had the financial means, they could be out on the streets today.” Also Wednesday, the Senate approved a broader bail reform bill in the form of SB 9, by Huffman, which would seek to improve information sharing between the various state and local law enforcement agencies, ensuring that judges have access to all relevant criminal history when making bail decisions. It would require that a judge, not an unelected magistrate or court official, set bond in cases involving formerly convicted felons and those accused of serious violent crimes. This will give voters a chance to hold judges accountable if they set insufficient bail amounts, said Huffman.

The issue of bail reform is one of seven items on Governor Greg Abbott’s emergency list, which means related legislation can bypass the constitutional prohibition on the passage of legislation in the first 60 days of a regular session.

In committee this week, the Education K-16 Committee approved a bill that would make what its author calls the largest commitment in the nation to increasing teacher compensation. SB 26, by committee chair and Conroe Senator Brandon Creighton, would deliver an across-the-board pay raise to teachers with three and five years of experience. This would also be part of a new schedule, guaranteeing a pay hike for teachers entering their third and fifth years. It also decouples teacher salary from the basic allotment, the primary variable used to determine per-student spending. It creates a new teacher retention allotment, which will be dedicated solely to teacher salaries. “In creating that, we’re creating a budget culture of permanence and a budget culture that makes it very clear when that allotment cup is full, and when it’s not,” Creighton said. The bill distinguishes between rural and urban districts, giving more money to teachers who work in districts with less than 5,000 students, in order to reduce the gap between teacher pay in rural and urban districts. For larger districts, teachers would get a $2,500 raise in year three and a $5,500 raise in year five. For rural districts, the amounts would be $5,000 and $10,000, respectively. It also expands the teacher incentive allotment, which funds the merit pay program that allows districts to identify and pay their best teachers more. The bill now heads to the floor for consideration.

The Senate will reconvene Monday, February 24, at 9 a.m.

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