The bill, S.B. No. 40, introduces a new section to the Local Government Code that restricts political subdivisions from using public funds to pay bail bonds through nonprofit organizations. Specifically, it prohibits these subdivisions from spending taxpayer money to deposit bail amounts with courts on behalf of defendants. This measure aims to ensure that public funds are not utilized for bail payments, which could be seen as an inappropriate use of taxpayer resources.
Additionally, the bill provides a mechanism for accountability by allowing taxpayers or residents of the political subdivision to seek injunctive relief if the subdivision engages in the prohibited activity. If successful in such an action, the prevailing party is entitled to recover reasonable attorney's fees and costs. The bill is set to take effect on September 1, 2025.
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