A Better Bail System Is Within Texas’ Reach

Texas lawmakers are once again at odds over how to fix the state’s broken bail system. Republicans want to expand the list of charges that allow judges to deny pretrial release. Democrats want more low-level offenses to carry a presumption of release. And now, the lieutenant governor is threatening to call a special session if the bail issue remains unresolved.

At first glance, these positions seem incompatible. But both sides are pointing to real problems—and both have part of the solution. Texas does not face a this-or-that problem. It has a this-and-that opportunity.

Texas has one of the largest pretrial populations in the country, with nearly three out of four people in the state’s jails awaiting trial. Most are charged with nonviolent, lower-level offenses and remain behind bars simply because they cannot afford to pay bail. Meanwhile, some higher-risk, violent defendants are able to buy their way out.

While crime has fallen across Texas, communities continue to perceive a real repeat offender problem. While relatively rare, some individuals charged with violent crimes are released and go on to commit new offenses while out on bond. State Sen. Joan Huffman noted earlier this year, “Since January 2021 … there have been at least 162 homicide cases filed in Harris County, Texas, for defendants released on one or more bonds at the time of a new murder offense.” These cases cause real harm, erode public trust, and underscore the need for judges to detain those who pose a clear threat.

This mismatch creates real consequences. Counties across Texas are running out of jail space, with some paying to send hundreds of people to private facilities in other states just to manage overflow. That approach comes with a steep price tag: millions in taxpayer dollars, a drain on already overburdened staff, and fewer resources for addressing serious public safety threats.

This is not sustainable. But it is solvable.

The answer lies in drawing from the best of what both parties have to offer: Provide judges with the tools to detain violent offenders to keep communities safe and create efficiencies to release those who can safely return home so that jails do not get overwhelmed. States like New Jersey and Maryland have already adopted frameworks that support this kind of approach. Texas can do the same on its own terms.

The political and public will are already there. Each side is committed to addressing pretrial risk and has identified legitimate concerns. In fact, a small group of Democrats recently filed their own legislation to expand preventive detention (although more narrow in scope), and some Republicans support a bill that expands the use of citations. Now is the time to stop talking past one another and start building a solution together.

Any changes to the bail system must include safeguards that protect both public safety and constitutional rights. Judges should have clear authority to detain individuals who pose a serious threat, but only after due process, legal representation, considering other less-restrictive conditions, and a finding based on evidence. Balancing safety and fairness is not optional—it is foundational.

If Texas can blend Republican calls for tighter detention in serious cases with Democratic demands for efficient and fair pretrial release, it could design a bail system that serves everyone better. Public safety and fiscal responsibility do not have to compete; instead, they can reinforce each other.

Texas does not need to pick a side. It needs to pick a unified strategy.