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SB 40 would bar political subdivisions from using public funds to pay nonprofits that post defendants' bail; witnesses dispute auditing interpretation
Summary
Senate Bill 40 would prohibit a political subdivision from using public funds to pay a nonprofit to post a defendant’s bail and create a taxpayer injunctive remedy; sponsor cited Harris County auditor data showing payments to a bail‑assistance nonprofit, while the nonprofit said those entries are reimbursements, not public grants.
Senators heard Senate Bill 40, a proposal to forbid political subdivisions from using public funds to pay a nonprofit that posts defendants' bail and to allow a taxpayer or resident to seek injunctive relief and attorney's fees if a local government violates the restriction.
Sponsor Senator Joan Huffman said her office reviewed Harris County auditor records and concluded that since February 2022 the county issued at least 311 payments totaling nearly $2.1 million to a nonprofit called the Bail Project. She said the use of taxpayer dollars to secure release for defendants "raises…
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