89R28695 DNC-D
 
  By: Huffman, et al. S.B. No. 40
 
  (Smithee, et al.)
 
  Substitute the following for S.B. No. 40:  No.
 
 
 
A BILL TO BE ENTITLED
 
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.