Texas House Bill HB4109

Texas 2015 - 84th Regular

Caption

Relating to the collection of money by certain prosecuting attorneys.

Impact

The bill proposes to amend Section 41.005 of the Government Code to clarify the retention of commissions from collected funds. The commission structure as proposed divides the collected amounts so that 10% is retained for the first $1,000 collected and 5% for any amount over that threshold. This adjustment aims to streamline the financial processes in prosecutorial offices while ensuring they are adequately funded through these commissions without compromising the integrity of the collection process.

Summary

House Bill 4109 addresses the collection of money by district attorneys, criminal district attorneys, and county attorneys in Texas. It establishes a framework that mandates these officials to deposit collected funds into the treasury of the state or county promptly, specifically within 30 days of receipt. The bill also delineates the percentage of the collected amounts that can be retained as commission by the attorneys, ensuring transparency and accountability in the financial dealings related to money collected on behalf of the state or county.

Contention

While the bill appears to facilitate efficient collection processes, it may lead to debates over the appropriateness of retaining commissions, specifically concerning whether the set percentages are fair to the respective prosecutorial agencies. Critics may argue that these commissions should be strictly regulated to ensure that prosecutorial functions and the judicial process are not monetarily influenced. Additionally, the specified framework may lead to discussions about how these funds are utilized, as the bill restricts the application of the funds to the prosecutor’s office operations alone, with specific disallowances on personal salary supplements.