Case Information
*1 The Attorney General of Texas March 31. 1986 JIM MATTOX
Attorney General
Supreme Carl Building P. 0. Box 12646 Austin. TX. 76711- 2646 [51214752601] Telex 9101674.1367 Telecopier 51Z476-0266 Honorable James Ei. Kecshaa Montgomary Count!! Courthouse District Attorney Conroe, Texas x301 Opinion No. JM-461 prior to forfeitures cognizances lb: collected by a municipal Proper custodian of re- and bail bonds judge 714 Jackson. Suite 700 Dear Mr. Keeshan Dallas. TX. 75202-4506
[21417428944]
You ask about the disposition of money received as a bail bond by
a municipal judge. You want to know who is the proper custodian of a 4624 Alberta Ave., Suite 160 cash bond bcforeiiorfeitute.
El Paso, TX. 799052793 915633-3464 The city 0:: Patton Village arg-ies ,that a cash bond should be
deposited with 1:he city treasurer. The city bases its argument on art+le 1001, V.T.C.S., vhich provides: 1001 Texas. Suite 700 Houston. TX. 77002-3111 The treasurer shall give bond in favor of the 713n236866
city in such amount, and in such form as the city council may require. with sufficient securiry to 606 Broadway. Suite 312 be approved by the city council, conditioned Lubbock. TX. 79401.3479 faLthfu1 discharge of his duties. He shall 6DW’47-6236 receive and securely keep all moneys beloaging to ci& and make all payments for the same upon 4309 N. TwMh. Suite 8 the order of the mayor, attested by the secretary MCAllml. TX. 76601.1666 under the seal of the corporation. No order shall 512ma2d547 be paid unless the said order shall show upon its face t’hat the council has directed its 200 Main Plaza. Suite 400 issuance. and for what purpose. Be shall render a San Antonio. TX. 762052797 full and correct statement. of his receipts and 5121225-4191 payments the city council, at their first
regular meeting in every quarter and whensoever, An Equal Opportunity/ at other tines. he may be required by them so to Alllrm4tlve Action Employer do. We: shall do and perform such other acts and
duties as the city council may require. Re shall receive such compensation as the city council shall fix. (Emphasis added). judg,e , on the other hand, argues that the disposition of a
A municipal cash bond deposj.ted with the court is governed by article 17.02 ~of, the Code Crimina3. Procedure.
Konorable James 8. Keeshan .- Page 2 The rules set out in the Code of Criminal Procedure regarding bail are applicable In all lnetanccs in which bail is taken of a person accused of an offerwe!. Code Grim. Proc. art. 17.38. The Code of Criminal Procedure provide8 that upon aecution of a bail bond a defendant may deposit “with, the custodian of funds of the court in which the prosecution is pc,odlng current money of the United States in the mount of the bond” :instead of having sureties sign the bond. article 17.02 controls the
Code Grim. Proc. art. 17.02. Therefore, dispoeltion of any bond.
Although article 1001 does not control this question, ve do think that the city treasurer cculd be made the custodian of funds for the muaicipal court. We find oo statute that designates the custodian of funds for a municipal cour:~ There is a statute, however, that allows the governing body of L city to adopt “rules and regulations concerning the practice end procedure” in a municipal court. Code Grim. Proc. art. 45.06. Ue think that this statute grants a city broad enough power to dexlgnate who shall act as custodian of funds municipal coott. We note, though, that the custodian of the funds is not free to Idispose of the money. The money does not belong to the city. It mst be returned to the defendant upon his cmpliance with the condj.tions his bond. Code Grim. Proc. art.
17.02.
SUMMARY The custodian of funds for the municipal court is the proper clstodiaa for funds received by the nunicipal court to be held as a bail bond. The governing body of a has authority designate the custodiao of funds for a municipal court pursuant to article 45.06 of the Code of Criminal Proced~me.
JIM MATTOX Attorney General of Texas JACK EIGETOWER
First Assistant Attorney G,eoeral
MARY KPILLEX
Executive Assistant Attorney General
- , Roaorablc James R. Keeshar - Page 3
,
ROBERT GRAY
Special Atvidrtant Attorney General
RICK GILPIN
cbai-. opinioa Comlttt:c!
Prepared by Sarah Uoelk
Assietant Attorney Genera:
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