S.B. No. 40

AN ACT

relating to the use by a political subdivision of public funds to pay bail bonds; authorizing injunctive relief.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 140, Local Government Code, is amended by adding Section 140.014 to read as follows:

Sec. 140.014. RESTRICTION ON USE OF PUBLIC FUNDS BY POLITICAL SUBDIVISIONS TO PAY BAIL BONDS. (a) A political subdivision may not spend public funds to pay a nonprofit organization that accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond.

(b) If a political subdivision engages in an activity prohibited by Subsection (a), a taxpayer or resident of the political subdivision is entitled to appropriate injunctive relief to prevent further activity prohibited by that subsection and further payment of public funds related to that activity.

(c) A party that prevails in an action under Subsection (b) is entitled to recover the party's reasonable attorney's fees and costs.

SECTION 2. This Act takes effect September 1, 2025.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 40 passed the Senate on February 19, 2025, by the following vote: Yeas 27, Nays 3; and that the Senate concurred in House amendment on May 29, 2025, by the following vote: Yeas 28, Nays 3.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 40 passed the House, with amendment, on May 20, 2025, by the following vote: Yeas 113, Nays 30, three present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor