What is Texas Proposition 3? Concerns Surround New Texas No Bail Law

Texas Proposition 3 is a newly passed constitutional amendment that allows judges to deny bail in certain violent and sexual felony cases. While it’s intended to target dangerous offenders, the real-world consequences could reach far beyond those accused of the most serious crimes. It’s already causing problems for people in contentious divorces, custody disputes, and family law cases where false allegations of abuse are not uncommon.

The number of false accusations of abuse cases in Texas family and divorce courts has skyrocketed in recent years. It’s a real problem that lawmakers are reluctant to address. It bogs down courts and divides families.

Why Are False Accusations a Problem in Divorce and Custody Cases?

A false accusation is a devious tactic often used to gain an advantage in custody battles, divorce settlements, or other family disputes. While it’s illegal to falsely accuse someone of abuse, the burden of proof for abuse is low and proving one’s innocence can be a stressful, difficult, and time consuming process. Let’s face it, proving you didn’t do something is much harder than making a false accusation with little evidence.

In Texas’ overworked family courts, nothing moves quickly. Judges must wade through thousands of cases where personal testimonies, witnesses, family members, child protection agents, and others weigh in on each case. It’s not unusual for cases to linger for weeks or months. For contentious cases where abuse is involved, they can take much longer. Meanwhile, judges will often award temporary custody to the accuser (a lying ex) while, thanks to Proposition 3, the innocent parent is forced to sit behind bars without bail. The innocent parent, through no fault of their own, cannot work, cannot pay bills, cannot gather evidence, and usually ordered limited or no contact with their children. It’s a recipe for disaster. Hiring an experienced criminal defense attorney as soon as possible is a smart choice.

Few people realize how a false accusation of abuse or false allegation of sexual abuse in Texas can ruin your reputation and future. Unfortunately, false allegations of abuse are common in heated divorce or custody cases as a means to get leverage over an ex-spouse or parent. One phone call, one angry ex, one misunderstanding, one utterance from a confused or manipulated child, and suddenly you’re behind bars without bail. No trial. No conviction. Just a criminal charge and a system that’s in no hurry to hear your side of the story.

Texas Proposition 3 was designed to protect the public, but for everyday Texans, it creates a dangerous new loophole where pretrial detention can destroy families, careers, and futures long before a verdict is ever reached.

What Is Texas Proposition 3?

Texas Proposition 3 is a constitutional amendment that changes how bail works for people accused of certain serious crimes. It adds a new section (Section 11d) to Article I of the Texas Constitution. This law was part of the 2025 Texas ballot measures and passed with about 61% of the vote.

This law gives judges more authority to deny bail in some felony cases. In fact, it sometimes requires them to do so. Bail can now be refused before a trial begins, based on evidence from the prosecution.

Judges must hold a hearing, allow the accused to have a lawyer, and then write down their reasons for granting or denying bail.

What Charges Are Affected Under This Law?

The list of crimes that fall under this law is very specific. Judges can deny bail only if the charge is one of the felonies included in the amendment. These crimes are often violent or sexual in nature.

According to Proposition 3, a prosecutor must show the person is a danger to others or likely to run. In some cases, the evidence must reach a certain legal standard for a judge to deny bail. However, these standards are often open to interpretation and may differ from judge to judge.

Here are some of the charges included under Proposition 3:

• Murder and capital murder
• Aggravated assault involving serious injury or a weapon
• Aggravated kidnapping, robbery, and sexual assault
• Indecency with a child
• Human trafficking

According to the Proposition 3 amendment, to deny bail, the state must meet one of these standards:

• Prove danger to public safety with clear and convincing evidence
• Show a risk of flight by a preponderance of the evidence

How Proposition 3 Changes Bail Law in Texas

Texas already allowed bail denial in a few serious cases. However, this new law expands that list and makes some bail decisions permanent under the state constitution. These changes remove much of a judges flexibility in considering bail and their ability to change if new facts come to light later.

Now, when judges deny bail, they must give a written explanation. They look at things like past charges, the seriousness of the current case, and whether the person might skip court. These hearings tend to be more formal and have much higher stakes than before.

This shift gives prosecutors more control early in the legal process. Judges, on the other hand, might feel pressure to hold people just to appear cautious.

Why Supporters and Critics Are Divided

This law has strong opinions on both sides and a growing number of concerns about the unforeseen consequences. On the surface, proponents claim the law is a win for public safety. However, the risk to anyone in the middle of a contentious divorce or custody battle is severe. Few people can afford to sit in jail for weeks, or months, because of false accusations from a bitter ex or angry co-parent. The destruction of lives is very real.

Supporters said the law would protect victims and keep repeat offenders behind bars. Critics say the law will overcrowd jails and hurt people who haven’t been convicted. This could include first-time offenders, poor defendants, or ANYONE falsely accused of abuse.

The impact on Texas citizens could be bigger than most expected.

How Proposition 3 Can Impact Your Family Law Case

False accusations already cause problems in family law. Proposition 3 makes that risk worse. In some custody battles, one parent might accuse the other of assault, and now, that charge alone could be enough to keep someone in jail before trial.

Let’s say a father is going through a heated divorce. If he’s accused of assaulting his ex, he could face a felony that qualifies under this law. That means he might be held without bail, even if the accusation turns out to be false. The court case moves on without him. He misses work. He loses time with his kids. His reputation suffers before he ever gets to defend himself.

How Proposition 3 Fuels Parental Alienation

An innocent parent’s extended time in jail and limited, or no, contact with their children can have other long-lasting, disastrous effects. Among the worst is Parental Alienation. Parental Alienation is where one parent works to undermine the child’s relationship with the other parent. The alienating parent will use any number of deceitful tactics to manipulate, or brainwash, a child to distance themselves from the other parent. False accusations of abuse are often used by deceptive parents to further alienate the child from the other parent. Statistically, divorced fathers are the ones most often alienated from their children by the mother. There is mounting evidence that Parental Alienation Syndrome (PAS) has life long negative effects on all involved, especially children. According to experts, Parental Alienation Syndrome is a form of psychological abuse that can cause severe, long-lasting trauma to children, leading to depression, anxiety, low self-esteem, substance abuse issues, and heightened risks of suicide into adulthood.

Proposition 3 and it’s no bail provisions hands alienating parents complete control over a child’s life while the falsely accused and alienated parent sits behind bars for days, weeks, or even months. This can have disastrous effects on a parents relationship with their child and negative impact on a child’s life well into adulthood. Lawmakers and supporters of Proposition 3 have unknowingly handed a powerful weapon to abusive alienating parents, while undermining innocent parents and their children’s well-being.

Propostion 3 Text Messages and Online Dating

Illegal digital content often leads to criminal charges, especially with minors involved. Texas state laws already prohibit a wide range of electronic communications and materials. Now, with Proposition 3 in place, some of those charges can result in denied bail and a long, long wait behind bars.

Online dating and other adult-oriented apps have exploded in popularity in recent years. Apps like OnlyFans have raised many concerns and legal questions about what is and isn’t legal to access online or on a digital device. While Texas lawmakers have attempted to address these issues, confusion and misunderstanding prevail. This leads to many innocent people unknowingly participating in illegal behavior online and on their phone.

A growing number of people have found themselves arrested for online activity they thought was perfectly legal. That includes things like sending or receiving sexual content involving minors, even if the sender didn’t know the age of the other person.

In fact, a person can be charged even if no physical contact occurred. The law doesn’t always consider intent or age awareness. Until last year, an accused person could post bail and be released from jail, allowing them to live their life while they mount a defense in court. Now, thanks to Proposition 3, these defendants can be denied bail while they await their day in court- which could be days, weeks, or worse…

Frequently Asked Questions

Can a Judge Still Set Bail Under Proposition 3?

Yes. A judge can still grant bail, but only if the state does not meet its burden of proof. Judges must issue a written order explaining their decision.

Do Minors Fall Under This Law?

Yes. Juveniles accused of a listed felony may be denied bail. This could lead to more young people staying in detention while they wait for trial.

Can Bail Be Denied for a First-Time Offense?

Yes. Even someone with no prior criminal history can be denied bail if the charge qualifies.

How Does This Affect People With Mental Health Issues?

The law does not include exceptions for mental health. Some defendants with mental illness may now spend longer in custody.

Is There a Way to Fight a Denied Bail Ruling?

Yes. A defendant can challenge the denial through the courts. Hire an experienced criminal defense attorney to quickly to file the right motions.

Protecting Your Rights Starts with the Right Team

Texas Proposition 3 and the no bail provision has many unforeseen, but serious, implications for all Texans. While Proposition 3 was sold as a safety measure to keep bad actors off the streets, its having a detrimental impact on thousands of unsuspecting Texans navigating the family, divorce, and civil courts.

Whether you’re a divorcing father in a custody battle with a bitter ex-wife, a teenager exchanging a few racy pics on the phone, or someone who’s been unknowingly targeted by a sinister actor, Proposition 3 could put you behind bars for weeks or months without trial. The impact on your life could be devastating.

Don’t let Proposition 3 take you by surprise. Get experienced, effective legal help asap. As a former prosecutor and defense attorney for over 25 years, Montgomery county attorney Andrea M. Kolski, knows how to protect you from the impact of Proposition 3. Nonstopjustice isn’t just a catchy name, it reflects our dedication to defending your rights 24/7/365. With over 25+ years of real courtroom experience, Defense Attorney Andrea Kolski’s record of success is second to none. We don’t wait. We fight. Contact us now to protect your rights before it’s too late.