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Texas House lawmakers OK bills that would require judges to deny bail for certain felonies

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Texas House lawmakers OK bills that would require judges to deny bail for certain felonies


Texas House lawmakers signed off on three bills May 19 that would tighten restrictions on bail and keep more defendants in jail while they await trial for certain felony charges. The measures received bipartisan support in the Republican-led House, which rejected similar legislation during previous legislative sessions.

A proposal that would require judges to deny bail for undocumented immigrants charged with certain felonies did not receive the two-thirds majority support needed May 19, although House members can take an additional vote later if more support is garnered.

“I’ve never voted on any legislation more important than what we’re getting ready to consider, because it holds the very key to the life or death of some very wonderful people, some very innocent people,” Rep. John Smithee, R-Amarillo, who sponsored the bills in the House, said May 19.

What you need to know

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On the House floor May 19, proponents of the measures spoke of a “broken” bail system under which violent offenders are released from jail and continue committing crimes.

“As a sheriff, I had to answer these questions on a regular basis as to how a person got out and was able to commit another crime, another felony,” former Jackson County Sheriff and freshman Rep. AJ Louderback, R-Victoria, said May 19. “I had to tell them [it was the] bail system.”

Opponents of the proposals, including the American Civil Liberties Union of Texas and the Texas Civil Rights Project, have expressed concerns that tightening restrictions on bail would strip defendants of due process protections and limit judges’ authority to make case-by-case decisions.

House lawmakers adopted Senate Joint Resolution 5, which proposes amending the Texas Constitution to require judges to deny bail for certain violent offenses. If state senators approve the House’s amendments to SJR 5, it will appear on Texas voters’ ballots in November.

The House gave initial approval to Senate Bill 9, which would expand a list of offenses for which defendants could not be released on low-cost bonds; and SB 40, which would prohibit local governments from giving public money to nonprofits that help cover bail costs. House members must vote on these bills one more time before they can be sent back to the Senate.

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The bail package is expected to be signed by Gov. Greg Abbott, who has deemed tightening bail laws an emergency priority for three straight sessions. In a social media post following the May 19 votes, Abbott called the bipartisan support of his priorities “incredible” and said Texas was “one step closer to saving lives.”

SJR 1, a proposed constitutional amendment that would require judges to deny bail for undocumented migrants accused of certain felonies, did not receive the 100 votes required to adopt the measure and place it on the ballot. House members can bring the proposal up for an additional vote as soon as May 20.

Zooming in

Under SJR 5, judges would be required to deny bail to defendants accused of certain violent offenses, including murder, human trafficking and aggravated sexual assault. The state would be required to demonstrate that a defendant is a flight risk or threat to public safety before bail would be denied. Defendants would also have the right to legal counsel in bail hearings, according to the legislation.

The measure approved by the House would go further than the Senate’s original proposal, which would give judges more discretion to deny bail.

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“It may not be perfect, but it’s the best we can do to fix a system that’s been broken for a long time,” Smithee said on the House floor. “This bill has [Sen. Joan] Huffman’s name on it, … but it’s not her bill or my bill, or even the governor’s bill. This bill truly belongs to the families of the victims, and the victims themselves, who have suffered these needless tragedies.”

Sen. Joan Huffman, R-Houston, speaks with state representatives on the Texas House floor May 19. (Hannah Norton/Community Impact)

“We wouldn’t be here if there weren’t real life examples of people being released who plainly should not have been,” Rep. Joe Moody, D-El Paso, said before the vote on SJR 5.

Moody added that lawmakers should also adjust the state’s bail system to help people who commit lower-level crimes and cannot afford bail.

“That’s how the bail reform conversation started a decade ago,” Moody said May 19. “For every improperly released defendant who commits a serious crime, there’s 100 low-level offenders held when they shouldn’t be, whose lives are upended. We need to do both.”

House members adopted SJR 5 with a 133-8 vote May 19.

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SJR 1 proposes amending the state constitution to automatically deny bail to unauthorized immigrants charged with certain felonies. Just two House Democrats were in favor of the proposal on May 19, causing it to fall short of the two-thirds majority threshold needed for constitutional amendments.

The version proposed in the House includes a tighter definition of “illegal alien” than what the Senate approved, which Smithee said would prevent lawful permanent residents and people with other protected statuses from being swept up under the bill. Democrats asked that people with Deferred Action for Childhood Arrivals status and people who came to the U.S. to flee violence also be excluded, although their amendments were rejected.

Smithee said he would work with Democrats to expand the protected immigration classes referenced in the bill before the House takes another vote on SJR 1.

Rep. Erin Gámez, D-Brownsville, who voted against SJR 1, said local judges and magistrates who set bail do not have the resources or training to handle immigration decisions.

“There are immigration judges who spend hours making this careful determination—entire courts that have been carved out alone to make these very carefully planned-out, judicious determinations, and it’s your opinion that a magistrate can simply do it,” Gámez said May 19.

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Moody said he voted for SJR 1 because it would limit the bill to about 20 felonies related to elections, drug and violent crimes. Under the Senate’s version of the legislation, Moody said, unauthorized migrants would be denied bail for any felony offense.

“If a felony sounds serious, you should know that there are about 2,500 felonies to be charged with in Texas,” Moody said on the House floor.

Moody added that he was concerned about the idea that all undocumented migrants are violent criminals.

“From Twitter to town halls, the language around immigration is toxic,” he said. It’s dehumanizing, and in some cases, it’s nakedly racist. We talk about policy that’s supposed to save lives, but this type of scapegoating led to a mass murder in my hometown just a few years ago, and since then, that rhetoric has gotten worse, not better.”

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SB 9 would expand on a 2021 state law that limited who is eligible for low-cost personal bonds. Under the bill, defendants would have to meet a higher bond if accused of unlawful possession of a firearm; violation of a family violence protective order; terroristic threat; or murder as a result of manufacturing or delivering fentanyl.

Rep. Mitch Little, R-Lewisville, said judges would be required to document their reasoning when determining whether to hold a defendant in jail or release them on bond. The state would also be able to appeal bail decisions. If a case is appealed, the defendant would remain behind bars for up to 20 days during litigation.

“From time to time, we’re going to see magistrates or district judges make mistakes or make bad decisions about bail concerning violent offenses,” Little said May 19. “[SB 9] is going to make the people in our districts back home safer, and it’s going to protect us from ongoing conduct by people who are repeat violent offenders.”

House members initially approved SB 9 with a 122-20 vote May 19. The proposal must receive one more vote before it can head back to the Senate.

In a statement following the vote on SB 9, the ACLU of Texas said the legislation would unfairly punish poor Texans.

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“This bill violates basic principles of due process, keeps poor people in jail for being poor, and hands prosecutors a veto over judicial decisions,” said Nick Hudson, a senior policy and advocacy strategist for the ACLU of Texas. “Texas families deserve reforms rooted in evidence, fairness and public safety instead of fear.”

One more thing

SB 40 would prohibit the use of public funds to pay nonprofit organizations that cover bail costs. The legislation stemmed from allegations that Harris County has given nearly $2.1 million since 2022 to the Bail Project, an organization that helps low-income defendants meet bail.

In February, a spokesperson for the Bail Project told Community Impact that the organization does not accept public money. Funds received from Harris County were reimbursements, the spokesperson said, because state law allows refunds if a defendant appears at all required court dates.

“There was a dispute as to whether this was happening in Harris County. … We’re not here to adjudicate that today,” Smithee said on the House floor May 19. “We’re just saying that it shouldn’t happen in the future. This is not a good use of taxpayer money.”

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SB 40 was initially passed with a 132-13 vote and will need a final vote before it returns to the Senate.



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Austin downtown shooting: What we know about the gunman, victims and motive

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Austin downtown shooting: What we know about the gunman, victims and motive


A gunman opened fire outside a bar in Austin’s West Sixth Street entertainment district shortly before 2 a.m. Sunday, killing two people and injuring 14 others, authorities said.

Austin Police Chief Lisa Davis said the suspected gunman drove a large SUV around the block several times before the attack. He then rolled down the windows and began firing a pistol, striking patrons at the bar.

The gunman then parked, exited the vehicle and continued shooting with a rifle, police said.

Paramedics and police arrived within a minute after the first 911 call, Davis said. Officers fatally shot the suspected gunman at the scene.

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Here’s what we know so far.

Who were the victims?

Authorities identified the victims as 24-year-old Saditha Shan and 19-year-old Ryder Harrington, a student at Texas Tech University.

“It is unfair, to say the least, that my little brother was only given 19 years on this earth,” his brother, Reed Harrington, wrote on Facebook. “Watching the man he had become, and seeing all the lives he touched, leaves me certain that this world was robbed of a great future.”

Three people injured during the shooting remained in critical condition Monday, though one is expected to be taken off life support later today, Davis said during a Monday news conference.

Who was the gunman?

Austin police identified the gunman as Ndiaga Diagne, a 53-year-old man originally from Senegal.

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The Department of Homeland Security said Diagne entered the United States on a tourist visa in 2000, became a lawful permanent resident in 2006 after marrying a U.S. citizen and became a naturalized citizen in 2013.

In 2017, Diagne legally purchased the guns he used in the shooting in San Antonio, Davis said.

Diagne was arrested in 2022 on a misdemeanor charge of “collision with vehicle damage,” typically issued when a driver leaves the scene of a crash.

The New York Post reported Diagne was arrested for “illegal vending” in New York City in 2001. Citing unnamed sources, the tabloid said he was arrested in New York three other times between 2008 and 2016, but those records are sealed. The Post did not report on whether he was convicted of any crimes.

Authorities said they expect to release more information on Diagne’s criminal history on Thursday as well as body camera footage and other details related to the officer-involved shooting that led to Diagne’s death.

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What was the motive?

Investigators have not announced a motive. However, Alex Doran, acting special agent in charge of FBI San Antonio, said there were indicators that the shooting could be related to terrorism.

Diagne wore a sweatshirt emblazoned with the words “Property of Allah” and a shirt with a design of the Iranian flag, according to the Associated Press. The shooting came hours after the United States and Israel carried out airstrikes in Iran.

What are elected officials saying?

Reactions from Texas politicians have largely fallen along partisan lines. Democrats are calling for stricter gun laws, while some Republicans have focused on the gunman’s immigration history.

After Democratic Senate candidate James Talarico called for proposals such as universal background checks, red flag laws and closing the gun show loopholes that allow for the private sales of firearms at gunshows, Gov. Greg Abbott said the problem wasn’t gun laws but with “unvetted” immigration.

Disclosure: Facebook and Texas Tech University have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

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What to Know About the Shooting in Austin

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What to Know About the Shooting in Austin


Federal investigators are looking into whether a shooting in Austin, Texas, on Sunday—that involved a gunman opening fire at a downtown beer garden, killing two and wounding 14—constitutes a potential act of terrorism.

Alex Doran, the acting special agent in charge of the FBI’s San Antonio Field Office, said in a press conference that while it’s still too early to determine a motive, authorities found “indicators” on the alleged gunman and in his vehicle that “indicate potential nexus to terrorism.”

The suspected gunman, who was reportedly wearing clothes that bore “Property of Allah” and an Iranian flag design, was shot dead in a standoff with law enforcement. 

The shooting happened just a day after the U.S. and Israel launched a major military campaign against Iran. White House Press Secretary Karoline Leavitt said President Donald Trump was briefed on the shooting.

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Texas Gov. Greg Abbott, a Republican who expressed support for the latest Iran strike, said in a statement: “To anyone who thinks about using the current conflict in the Middle East to threaten Texans or our critical infrastructure, understand this clearly: Texas will respond with decisive and overwhelming force to protect our state.” A day before the incident, Abbott directed the Texas Military Department to activate service members to “work alongside state and federal partners to safeguard our communities and critical infrastructure,” and he directed the state’s Department of Public Safety and the Texas National Guard, to “intensify patrols and surveillance.” 

Here’s what to know.

What happened?

Shortly before 2 a.m. Sunday, the suspect circled past Buford’s Backyard Beer Garden on Sixth Street several times in a “large SUV,” before stopping and opening fire with a pistol out of the vehicle window at people on the patio and gathered outside the bar, Austin Police Chief Lisa Davis said in a press briefing on Sunday.

The suspect parked the vehicle, stepped out with an assault rifle, and started firing at people on the street, according to Davis. Officers responding to the incident shot and killed the gunman.

The shooting took place along Sixth Street, a popular nightlife and entertainment district located a few miles from the University of Texas at Austin. Three people, including the suspect, were killed, and 14 were injured in the attack. All of those injured were transported to local hospitals, with three in critical condition, Austin EMS Chief Robert Luckritz said at the Sunday briefing. The names of the victims were released as of Sunday night.

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Jim Davis, president of UT Austin, confirmed in a statement that members of the university community were among those affected by the shooting, although they have not been publicly identified. “Our prayers are with the victims and all those impacted, including members of our Longhorn family, and my heart goes out to their families, friends, classmates, professors, and loved ones,” Davis said. “As Longhorns, we feel this pain together.”

What do we know about the suspect?

The Austin Police Department identified the suspect as Ndiaga Diagne, a 53-year-old man. Diagne, who was born in Senegal, officials told the Associated Press, first came to the U.S. in 2000 on a B-2 tourist visa, according to a Department of Homeland Security statement to the AP. He married a U.S. citizen in 2006 and became a lawful permanent resident, before becoming a naturalized U.S. citizen in 2013.

A law enforcement official briefed on the case told CNN that Diagne was wearing a shirt with an Iranian flag design and a hoodie emblazoned with “Property of Allah.” The AP also reported the words and symbols on his clothes, also citing a law enforcement official. 

The Austin American-Statesman reported that investigators searched a house in Pflugerville, north of Austin, linked to Diagne’s possible relative. Local television station KXAN reported that Diagne had been issued a driver’s license with an address in Pflugerville in 2017.

Neighbors speaking to the New York Times said Diagne had maintained a low profile. “They kept very much to themselves,” Chris Finch, who lived next to the searched home, said. “They didn’t really say hi or anything.”

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Another neighbor and the president of the neighborhood’s homeowners association, Eddie Garcia, said he was never aware of any previous issues. “We’re all neighbors and respect each other but we are also private and keep to ourselves,” he told the Statesman.

How are authorities reacting?

Mayor Kirk Watson called the shooting “an extremely difficult, traumatic moment” for the city. 

Senator Ted Cruz (R, Texas) said the shooting was a “senseless act of violence” and that he and his team are coordinating with local, state, and federal authorities over the incident.

Other Texas politicians have been united in condemning the shooting and extending condolences to victims and their loved ones, but they have been divided along partisan lines as to what’s to blame for the attack.

In a statement posted on X, eight Democrats in the Texas state legislature, including U.S. Senate candidate James Talarico, said, “Gun violence continues to steal the lives of far too many Texans. Our hearts are with the victims of today’s shooting and their families. We will never stop fighting for them.”

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Rep. Greg Casar (D, Texas) posted, “We must end America’s gun violence epidemic. Americans should be able to have fun at a bar without it turning into an unspeakable nightmare like this one— and I will redouble my efforts in Congress to prevent the next tragedy like this.”

“Gun violence is preventable. This devastating loss of life was preventable,” Rep. Lloyd Doggett (D, Texas) posted on X. “Until Republicans find the courage to say no to the NRA, our country will be plagued with more tragedies.”

Republicans, on the other hand, have blamed the attack on Islamic extremism and mass migration. Rep. Chip Roy (R, Texas) said, in response to Doggett, that “Muslim immigrant violence – naturalized or not – is preventable. Until Democrats (& Republicans) find the courage to say no to the mass migration of Islamists, our country will be plagued with more tragedies…”

In another post, Roy said the shooting in Austin was “carried out by a suspected Islamist who came on a tourist VISA, and OVERSTAYED for years,” adding that the “tragedy was preventable” and that “failed policies have real consequences.”

“Allowing unvetted immigrants who are hostile to America, who are loyal to our adversaries like Iran, must end,” Abbott, the Republican governor, said in response to a call by Talarico for stricter gun regulations. “The way to end it is to end the current open immigration policies.” (Talarico responded, “Dangerous people should not be allowed into the country. Dangerous people should not be allowed to get guns.”)

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The Texas chapter of the Muslim rights advocacy group Council on American-Islamic Relations condemned the shooting in a statement, but it also rejected using the incident to attack the larger Muslim community. 

“While a single person carried out this heinous attack last night, hundreds of thousands of Texas Muslims finished their night prayers and headed to their homes while calling on God for global peace and justice,” the statement said. “We encourage elected officials, law enforcement, faith leaders, and community members to come together to support the families of the victims and reaffirm our shared commitment to public safety.”



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PHOTO: Apparent gunman in Austin 6th Street shooting wore ‘Property of Allah’ shirt

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PHOTO: Apparent gunman in Austin 6th Street shooting wore ‘Property of Allah’ shirt


FOX News obtained this image that purportedly shows the gunman responsible for a deadly mass shooting in Austin, Texas, on March 1, 2026. (FOX News)

Investigators are probing the deadly shooting on Austin’s Sixth Street, that left three dead and 14 injured. 

Officials are gathering new evidence that could point to extremist motives, as additional details surfaced Sunday about the gunman’s background and clothing during the incident.

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What we know:

Three people, including the gunman, were killed, and 14 others were wounded early Sunday outside Buford’s beer garden in Downtown Austin. 

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Police said officers were responding to reports of gunfire around 1:40 a.m., before confronting the suspect and fatally shooting him after he opened fire.

Authorities have not publicly identified the suspect, but an FBI spokesman said on Sunday that investigators are reviewing materials recovered from the suspect and his vehicle that indicate a “potential nexus to terrorism,” but cautioned that it is too early to determine a motive or whether the attack was directed or inspired by a specific group.

Dig deeper:

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FOX News reported Sunday that it had obtained a photo of the suspect taken before the shooting. The image showed a man holding a firearm and wearing a gray sweatshirt bearing the words “Property of Allah.” 

Sources also told the network the suspect was wearing an undershirt that appeared to display an Iranian flag or Iranian imagery.

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The Source: Information in this article was provided by FOX News and press conferences held by Austin police and the FBI.

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