Some real Texas-style legislation

Here we are, on the eve of Election Day. Here in Texas, where we have a million and a half constitutional amendments, there are 9 proposed ones on the ballot--and I want to discuss one of them, because I have questions about it.

Arguably the most important proposed amendment on tomorrow's ballot is #2--regarding the prohibition of same-sex marriages.

But that's not the one I want to talk about.

I want to talk about Proposed Amendment 4 (let's call it PA4, for short):

"proposing a constitutional amendment authorizing the denial of bail
to a criminal defendant who violates a condition of the defendant's
release pending trial."

The full text of it (pretty short) is available at this link: Proposed Constitutional Amendment #2

The gist of it is this: Texas judges are only authorized to deny bail to defendants in certain situations (listed here: Texas Constitution). This bill proposes to add to this list "Any person accused of a felony in this state who is released on bail pending trial and whose bail is subsequently revoked or forfeited for a violation of a condition of release."

On the surface, this seems straightforward--someone is denied bail because they busted the conditions of their previous bail.

But lingering below, there is this question. Almost all of the situations in which a defendant can be denied bail require him to have been previously convicted. This condition, however, does not. Does this mean his common law protection of "innocent until proven guilty" is being violated?

Here's some viewpoints on this proposed amendment, provided by the Texas Legislative Council. Analyses '05

Please do tell me what you think! I'm especially interested in comments from those of you in other states...A very happy Election Day to you all...