Residents and taxpayers could sue to stop local payments to charitable bail groups.
The bill bars cities, counties and other local governments from paying public money to a nonprofit that takes donations from the public to post bail for defendants. Any taxpayer or resident of that local government can sue to stop the payments, and the winning side gets its attorney's fees and costs paid. It takes effect September 1, 2025, and from then on local governments cannot fund charitable bail groups.
relating to the use by a political subdivision of public funds to
pay bail bonds; authorizing injunctive relief.
WHAT IT DOES
Residents and taxpayers could sue to stop local payments to charitable bail groups.
The bill bars cities, counties and other local governments from paying public money to a nonprofit that takes donations from the public to post bail for defendants. Any taxpayer or resident of that local government can sue to stop the payments, and the winning side gets its attorney's fees and costs paid. It takes effect September 1, 2025, and from then on local governments cannot fund charitable bail groups.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal implication to the State is anticipated.
“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.”
Names were not printed for yea. Only the named positions are included in member records.
Sources
Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 40 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1.
Published stock of positions for this vote, except where marked derived.
Yea: 29 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed for yea. Only the named positions are included in member records.
Sources
Senator Huffman moved to suspend the regular order of business to take up for consideration SB 40 at this time on its second reading: SB 40, Relating to the use by a political subdivision of public funds to pay bail bonds. The motion prevailed by the following vote: Yeas 29, Nays 1.
Published stock of positions for this vote, except where marked derived.
Yea: 29 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)
Senate journal. Source snapshot 2026-10-19, Central time.
Witnesses29
For
24
Against
3
On
2
Names
For
Austin Police Association1 registration
Crime Stoppers1 registration
Dallas Police Association1 registration
Doug Deason1 registration
Harris County Deputies’ Organization FOP 391 registration
Houston Region Business Coalition (HRBC)1 registration
HPOU1 registration
San Antonio Police Department2 registrations
SAN ANTONIO POLICE OFFICERS ASSOCIATION1 registration
San antonio police officers association1 registration
Self1 registration
Self; Chambers County District Attorney1 registration
Self; Comal County Criminal District Attorney1 registration
Self; Combined Law Enforcement Associations of Texas (CLEAT)1 registration
Self; Professional Bondsmen of Texas2 registrations
89R11665 DNC-F
By: Huffman
S.B. No. 40
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.
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