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Texas lawmakers are advancing over 100 bills to tighten crime laws, raising concerns about overcrowding in the state’s jails and prisons. The prison population, which dropped significantly during the pandemic, has been rising again.
According to the Texas District and County Attorneys Association, lawmakers have introduced at least 121 bills to increase criminal penalties. These measures include mandatory minimum sentences and harsher punishments. The organization has also tracked 90 bills proposing new felonies and 96 bills introducing new misdemeanors.
Trend Towards Stricter Penalties
These numbers only cover bills filed through Monday, with more expected as lawmakers submit additional proposals before Friday’s deadline. This trend highlights the state’s growing focus on stricter penalties.
Return to “Law and Order” Policies
“Since 2015, there has been a steady increase in the number of new crimes introduced in each legislative session,” said Shannon Edmonds, president of the Texas District and County Attorneys Association. He noted this reflects a return to past “law and order” policies.
Proposed Bills and Emerging Threats
The proposed bills include measures targeting organized retail theft, repeat vehicle burglaries, and AI-generated child pornography. Some aim to equip law enforcement with better tools to combat emerging threats, such as artificial intelligence-related crimes. However, experts warn that some bills may not effectively deter crime and could overburden already strained prisons and jails.
Concerns Over Prison Overcrowding and Staffing Shortages
The Legislative Budget Board projects a 10% increase in Texas’ prison population over the next five years. The Texas Department of Criminal Justice also faces a staffing shortage. County jails are seeing rising populations, with numbers up by 2.5% compared to last year, according to the Texas Commission on Jail Standards.
Impact on County Jails and Out-of-State Transfers
Due to staffing shortages, some inmates are being transferred to facilities in Mississippi and Louisiana. In February, about 4,100 Texas jail inmates were housed outside their arrest counties.
Financial Burden on County Jails
Marc Levin, chief policy counsel at the Council on Criminal Justice, emphasized the financial burden of these proposals on county jails. “Many county jails are already stretched thin. Raising misdemeanors to higher classes will increase the number of people in jail,” he said.
Class A misdemeanors can lead to a year in jail, while Class B misdemeanors carry up to 180 days. Felony convictions generally result in state prison sentences, with Texas prisons currently holding about 136,000 inmates.
Prison Population Surge Post-Pandemic
During the pandemic, the prison population dropped to about 117,000 in January 2021. Since then, the numbers have surged, contributing to 31% of the national rise in prison populations between 2022 and 2023, according to the Prison Policy Initiative.
Increased Criminal Offenses and Punishments
Texas lawmakers frequently propose new criminal penalties in response to public concerns about crime. In contrast, efforts in the late 2000s focused on reducing prison populations through lighter sentences and diversion programs.
However, since 2015, the number of new crimes introduced each session has grown. In 2023, lawmakers created 58 new criminal offenses and 26 new punishments, the highest in a decade, according to prosecutors.
Senate Bill 1300 and Organized Retail Crime
Several bills stem from Lt. Gov. Dan Patrick’s initiatives. The Senate Criminal Justice Committee examined organized retail crime, which involves large-scale theft of merchandise for resale. Senate Bill 1300, introduced by Sen. Pete Flores, aims to address Texas’ losses of $422 million in stolen goods and $21 million in sales tax revenue from such crimes in 2022.
Increased Penalties for Retail Theft
The bill increases penalties for retail theft based on the value of stolen property. Currently, theft under $100 is a Class C misdemeanor with no jail time. The bill raises it to a Class B misdemeanor and escalates penalties up to a first-degree felony, punishable by life in prison, for theft exceeding $300,000.
Concerns Over Impact on Impoverished Families
Despite concerns from Sen. Borris Miles, who argued the bill could lead to the imprisonment of impoverished families, the Senate Criminal Justice Committee approved it. Flores defended the measure, stating prosecutors need discretion when pressing charges.
Bills Targeting Financial Crimes and Auto Theft
Other bills target financial crimes, such as bank and credit card fraud, which are rising, according to bank executives. Sen. Tan Parker proposed a bill criminalizing the theft of mail receptacle keys, with harsher penalties for targeting elderly communities.
Auto theft is another issue lawmakers are addressing. Bexar County Sheriff Javier Salazar told legislators that San Antonio has been severely affected.
House Bill 727 increases penalties for vehicle burglary, particularly if the offender carries a firearm, breaks into multiple vehicles, or uses a stolen car. This crime would become a state jail felony, carrying a sentence of 180 days to two years.
House Bill 548 proposes a mandatory one-year sentence for a second auto burglary offense. Both bills remain under committee review.
Criticisms and Alternative Solutions
However, critics argue that tougher penalties won’t necessarily solve property crimes, which are often difficult to investigate. “Increasing punishment does not mean more car burglary cases will be solved,” said Wilbarger County Attorney Staley Heatly. “These crimes often occur at night, with no witnesses, making them hard to track.”
Debate Over Juvenile Penalties
Opponents also highlight that many burglaries are committed by juveniles, who may not be deterred by stricter laws. Research suggests that juvenile incarceration is largely ineffective, and intensive probation programs would be more successful, Levin noted.
The debate over juvenile penalties was also evident during discussions on House Bill 268, which raises the punishment for making false threats of mass violence. Rep. Jolanda Jones expressed concerns about criminalizing youthful mistakes. “Next thing you know, they can’t get a scholarship or go to college,” she said during a committee hearing.
