HOUSTON, Texas — Harris County prosecutors have begun using a new state constitutional amendment to seek denial of bail for certain criminal defendants, a move aimed at keeping accused violent offenders in jail while they await trial.
The amendment, approved by Texas voters in November 2025 as Proposition 3, gives judges broader authority to deny bail for defendants charged with serious crimes, including murder, aggravated assault, and indecency with a child. The law requires prosecutors to present “clear and convincing” evidence that a defendant poses a public safety risk or may fail to appear in court.
On Dec. 17, District Court Judge Michele Oncken granted prosecutors’ request to deny bail for Angel Adonis Saldivar-James, accused in the shooting death of a 36-year-old Houston food truck owner. Court filings cited both public safety concerns and the likelihood that Saldivar-James would appear for trial if released.
Records show that several other defendants facing high-level felony charges in Harris County have also had bail denied under the new law. The legislation is part of a broader effort led by state lawmakers and law enforcement officials, and is paired with Senate Bill 9, which restricts magistrates from granting bail in certain cases.
Harris County has previously reformed misdemeanor bail practices following a 2016 federal class-action lawsuit, which found that low-income defendants were unfairly detained for inability to pay cash bail. Under a consent decree since 2019, most misdemeanor defendants have been able to secure pretrial release without paying bail.
The use of Proposition 3 in Harris County marks one of the first applications of the law in the state and may set a precedent for other jurisdictions considering similar bail denials for serious felony cases.
