87R1024 TSS-D
By: Wu H.B. No. 497
A BILL TO BE ENTITLED
AN ACT
relating to the deduction of a fee from certain funds withdrawn from
a court registry in certain criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
written undertaking entered into by the defendant and the
defendant's sureties for the appearance of the principal therein
before a court or magistrate to answer a criminal accusation;
provided, however, that the defendant on execution of the bail bond
may deposit with the custodian of funds of the court in which the
prosecution is pending current money of the United States in the
amount of the bond in lieu of having sureties signing the same. Any
cash funds deposited under this article shall be receipted for by
the officer receiving the funds and, on order of the court, be
refunded in the amount shown on the face of the receipt less the
administrative fee authorized by Section 117.055, Local Government
Code, if applicable, after the defendant complies with the
conditions of the defendant's bond, to:
(1) any person in the name of whom a receipt was
issued, including the defendant if a receipt was issued to the
defendant; or
(2) the defendant, if no other person is able to
produce a receipt for the funds.
SECTION 2. Section 117.055, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) Except as provided by Subsection (a-1), to [To]
compensate the county for the accounting and administrative
expenses incurred in handling the registry funds that have not
earned interest, including funds in a special or separate account,
the clerk shall, at the time of withdrawal, deduct from the amount
of the withdrawal a fee in an amount equal to five percent of the
withdrawal but that may not exceed $50. Withdrawal of funds
generated from a case arising under the Family Code is exempt from
the fee deduction provided by this section.
(a-1) A clerk may not deduct a fee under Subsection (a) from
a withdrawal of funds generated by the collection of a cash bond or
cash bail bond if in the case for which the bond was taken:
(1) the defendant was found not guilty after a trial or
appeal; or
(2) the complaint, information, or indictment was
dismissed without a plea of guilty or nolo contendere being
entered.
(a-2) On the request of a person to whom withdrawn funds
generated by the collection of a cash bond or cash bail bond were
disbursed, the clerk shall refund to the person the amount of the
fee deducted under Subsection (a) if:
(1) subsequent to the deduction, a court makes or
enters an order or ruling in the case for which the bond was taken;
and
(2) had the court made or entered the order or ruling
before the withdrawal of funds occurred, the deduction under
Subsection (a) would have been prohibited under Subsection (a-1).
SECTION 3. The changes in law made by this Act apply only to
a withdrawal of funds from a court registry under Section 117.055,
Local Government Code, as amended by this Act, made on or after the
effective date of this Act. A withdrawal of funds from a court
registry made before the effective date of this Act is governed by
the law in effect on the date the withdrawal was made, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.