SJR 1 is not expected to have a significant fiscal impact on the state, other than the one-time cost of $191,689 for publishing the constitutional amendment. However, at the local government level, the Office of Court Administration anticipates that the resolution could increase the number of hearings before bail is officially denied, leading to higher administrative burdens on courts. Additionally, county jail populations could rise due to more pretrial detentions, which may result in indeterminate but potentially significant costs for local governments responsible for housing and managing detainees. While the state does not project major corrections-related costs, local governments could bear increased expenses related to longer detentions, court processing, and associated legal proceedings.

While SJR 1 aims to enhance public safety by denying bail for undocumented individuals charged with felonies, it raises constitutional and fiscal concerns that necessitate amendments. A blanket denial of bail based solely on immigration status may infringe upon due process protections under the Eighth and Fourteenth Amendments, restricting judicial discretion and increasing state detention costs. Additionally, the measure could strain county jails and lead to extended taxpayer-funded detentions without clear guidelines for expedited processing or deportation.

To align with liberty principles, SJR 1 should be amended to ensure case-by-case bail determinations, allowing judges to consider public safety risks, flight risk, and criminal history rather than enforcing an automatic denial. The bill should also include funding provisions for detention and processing, as well as expedited hearings to prevent indefinite pre-trial incarceration. Without these changes, SJR 1 risks expanding government overreach, increasing costs, and violating constitutional protections, making it necessary to refine the bill before advancing it to voters.

The Texas bail system is in serious need of major reform and while there remains significant concerns surrounding SJR 1 and its implementation, it is a step in the right direction, and for that reason, we support SB 21, but recommend lawmakers consider amending it to address the concerns listed

Texas Bail Reform: Governor Abbott's Push for Change and the Political Battle Ahead

• HJR 16 (Same As)
• SJR 49 (Same As)