Signed Into Law
Signed June 16, 2025Effective 2025-09-01
SB40

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

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Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Immediate Action Plan

Operational Changes Required

Strategic Ambiguities & Considerations

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Quick Reference

Frequently Asked Questions

Common questions about SB40

Q

What does Texas SB40 do?

SB 40 enacts a strict prohibition on political subdivisions using public funds to pay bail bonds via nonprofit organizations, enforceable through a private right of action by taxpayers. This legislation effectively creates a "third-rail" for municipal finance departments and social service grant administrators, requiring immediate segregation of funds and revision of grant agreements to avoid litigation and mandatory attorney’s fee awards.

Q

Who authored SB40?

SB40 was authored by Texas Senator Joan Huffman during the Regular Session.

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When was SB40 signed into law?

SB40 was signed into law by Governor Greg Abbott on June 16, 2025.

Q

Which agencies enforce SB40?

SB40 is enforced by Texas Civil Courts (via private right of action by taxpayers or residents).

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How significant are the changes in SB40?

The regulatory priority for SB40 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB40?

The cost impact of SB40 is estimated as "low". This may vary based on industry and implementation requirements.

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What topics does SB40 address?

SB40 addresses topics including civil remedies & liabilities, criminal procedure, criminal procedure--bail & pretrial release, ethics and political subdivisions.

Q

What are the key dates for SB40?

Key dates for SB40: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

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What are the penalties under SB40?

SB40 establishes the following penalties: Civil Liability penalty of Reasonable attorney's fees and court costs for Political subdivision spending public funds to pay a nonprofit organization for defendant bail bonds. Consult with legal counsel for specific applicability to your situation.

Legislative data provided by LegiScanLast updated: January 11, 2026