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Sunday, February 1, 2026 at 2:23 AM
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Guide to amendments on the November ballot

STATEWIDE ELECTIONS

Proposition 3 (SJR 5): Bail reform The ballot language: “The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.”

What it means: This proposition would require judges to deny bail in certain cases for individuals accused of committing specific felonies, such as murder, aggravated assault and indecency with a child. The state would have to demonstrate that bail is not enough to prevent the defendant from being a flight or public safety risk. Defendants, who are legally presumed innocent, would also be entitled to the right to an attorney during their bail hearings.

The proposal is part of a broad legislative package that Texas Republican leaders have said is needed to reduce violent crimes committed by people out on bond and to curb the ability of “activist judges” to set “weak bail.” Civil rights groups said keeping more people behind bars would add to overcrowded jails without actually improving public safety, while also pointing to a U.S. Supreme Court ruling that says “liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”

Under the Texas Constitution, most defendants have the right to be released on bail except for certain cases, such as those charged with capital murder or accused of certain repeat felonies. — Alex Nguyen 

Proposition 4 (HJR 7): Water infrastructure funding The ballot language: “The constitutional amendment to dedicate a portion of the revenue derived from state sales and use taxes to the Texas water fund and to provide for the allocation and use of that revenue.”

What it means: Texas’ water supply is facing numerous threats, including an increasing demand for water due to rapid population growth, millions of gallons of water leaking out of old infrastructure, and climate change contributing to more droughts and altering precipitation patterns. By one estimate, the state’s municipal supply will not meet demand by 2030 if a major drought were to hit the state and no water solutions are implemented.

A Texas 2036 report estimated that the state needs nearly $154 billion by 2050 for water infrastructure, including $59 billion for water supply projects, $74 billion for leaky pipes and infrastructure maintenance, and $21 billion to fix broken wastewater systems.

To help the state boost and protect its water supply, state lawmakers are asking voters to approve $20 billion for water projects over the next two decades. If approved, up to $1 billion of sales tax revenue would be deposited into the Texas Water Fund each year starting in 2027. The money would go to fixing aging pipes and other infrastructure; developing and increasing new water sources, such as desalination; flood mitigation projects; and supporting conservation efforts to help meet water demands.

The amendment would also give the Texas Water Development Board flexibility in distributing funds. — Alejandra Martinez


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