Failed Amendment to Texas Constitution
A proposed amendment to the Texas Constitution that would have denied bail to alleged repeat offenders of certain violent crimes failed in the House. The amendment on Tuesday fell just three votes shy of the 100-vote super majority needed to pass proposed amendments to the constitution. There is no time left in the session for another vote by the House. The legislative session ends Monday.
Debate and Vote
Members sat in stunned silence after a 45-minute debate on the measure, which has been one of Gov. Gregg Abbott’s top priorities. The bill’s failure was a rare defeat for Republicans at the Legislature. The result raised questions about whether another proposed amendment, which would deny bail to undocumented immigrants accused of certain violent felonies, has any chance of passing.
Leading up to the vote, the Republican sponsoring the measure said those voting against the proposal, Senate Joint Resolution 87, will have to answer for their choice.
“For those of you who try to go back to your districts and defend it, you will fail,” said Rep. Mitch Little, R-Lewisville, the sponsor of the resolution. “It is indefensible in every regard.”
Partisan Vote
The vote was largely partisan, though some Democrats voted for the amendment, including North Texas Reps. Rafael Anchía of Dallas and Rep. Salman Bhojani of Euless.
Reining in judges’ ability to grant bail to people accused of some of the most serious violent crimes, such as capital murder, aggravated sexual assault and child abuse, has been a theme of the legislative session. Republicans have pointed to numerous instances of violent crimes committed by people out on bail for other violent offenses as a reason to pass the law.
Similar Proposals
The House has passed one similar proposal, an amendment to the constitution that would limit some judges from granting bail for violent felonies and require elected district judges to provide explanations for why they granted bail. That measure will be put to voters in November.
SJR 87 was more strict, giving judges no leeway to grant bail to a person accused of crimes such as murder, aggravated kidnapping and indecency with a child. Several Democrats said the amendment would deny due process.
Rep. Mary González, D-San Elizario, said during debate the proposal would disproportionately affect non-white communities and have harmful implications that would be felt for generations.
“I really want to work together to solve those problems, but I don’t want to use tragedy to pass harmful legislation,” González said. “I want to use tragedy to come up with solutions.”
Named After a Victim
Republicans have called the amendment “Jocelyn’s Law” in reference to Jocelyn Nungaray, a 12-year-old sexually assaulted and killed in Houston, allegedly by two undocumented immigrants.
Requirements for Amendments
Amendments to the Texas Constitution require approval of a two-thirds majority of both chambers before they can be submitted to voters. Votes on those measures are one of the few places where Democrats in the House can flex their voting power.
For instance, bail restrictions for undocumented immigrants fell short of that 100-vote threshold when the House initially voted on May 19. It has since been delayed multiple times as House Republicans continued to seek at least 12 Democrats to cross the aisle.
With Wednesday’s hard deadline to pass the amendment approaching, Republicans appeared to set aside that amendment on Monday, when the House’s sponsor of the bill amended the proposal to call it “Jocelyn’s Law” as well.
That appeared to be an early signal the undocumented immigrant bail restriction would fail.
SJR 87 appeared to have a better chance after it fell only seven votes shy of the needed super majority when the House took its initial vote on Monday.
In the end, the vote was 97-40, with more than a dozen members either absent from the vote or choosing to vote present.
Conclusion
The failure of the proposed amendment to the Texas Constitution is a significant defeat for Republicans in the Legislature. The measure, which would have denied bail to alleged repeat offenders of certain violent crimes, fell just three votes shy of the needed super majority. The result raises questions about the fate of another proposed amendment, which would deny bail to undocumented immigrants accused of certain violent felonies.
Frequently Asked Questions
What was the proposed amendment to the Texas Constitution?
The proposed amendment, Senate Joint Resolution 87, would have denied bail to alleged repeat offenders of certain violent crimes, such as capital murder, aggravated sexual assault, and child abuse.
Why did the amendment fail?
The amendment failed because it did not receive the required two-thirds majority vote in the House. The vote was 97-40, with more than a dozen members either absent from the vote or choosing to vote present.
What is the significance of the amendment’s failure?
The failure of the amendment is a significant defeat for Republicans in the Legislature, who had made it one of their top priorities. It also raises questions about the fate of another proposed amendment, which would deny bail to undocumented immigrants accused of certain violent felonies.
What is the next step for the proposed amendments?
The proposed amendments will not be put to voters in November, as they did not receive the required approval from the Legislature. However, the House has passed a similar proposal, which will be put to voters in November.
What are the implications of the amendment’s failure?
The failure of the amendment has significant implications for the state of Texas, particularly for non-white communities, who may be disproportionately affected by the proposed law. It also highlights the need for lawmakers to work together to find solutions to the problems of violent crime, rather than relying on partisan measures.
