Smithee Bill Bars Local Governments From Paying Bail Nonprofits

The text as introduced · 197 words

89R11665 DNC-F

By: Smithee
H.B. No. 76

A BILL TO BE ENTITLED

AN ACT

relating to the use by a political subdivision of public funds to

pay bail bonds.

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 taxpayer or resident who prevails in an action under

Subsection (b) is entitled to recover from the political

subdivision the taxpayer's or resident's reasonable attorney's fees

and costs incurred in bringing the action.

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