Relating to the use by a political subdivision of public funds to pay bail bonds; authorizing injunctive relief, the official text

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:

______________________________

Date

______________________________

Governor