By Hinojosa H.B. No. 3247
77R9229 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of money by certain prosecuting
1-3 attorneys.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.005, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 41.005. COLLECTION OF MONEY. (a) Not later than the
1-8 30th day after the date on which a district attorney, criminal
1-9 district attorney, or county attorney receives any money collected
1-10 for the state or a county, the [district or county] attorney shall,
1-11 after deducting the commissions provided by this section, pay the
1-12 money into the treasury of the state or of the county to which it
1-13 belongs.
1-14 (b) The district attorney, criminal district attorney, or
1-15 county attorney may retain a commission from money collected for
1-16 the state or a county, including money collected on a bond
1-17 forfeiture. The amount of the commission in any one case is 15
1-18 [10] percent of the total amount of principal and interest [first
1-19 $1,000] collected[, and five percent of the amount collected over
1-20 $1,000].
1-21 (c) Subsections (a) and (b) of this section also apply to
1-22 money realized for the state under the laws governing escheat.
1-23 (d) Not later than the last day of August of each year, each
1-24 district attorney, criminal district attorney, and county attorney
2-1 shall file in the office of the comptroller or of the county
2-2 treasurer, as appropriate [the case may be], a sworn account of all
2-3 money received by the attorney [him] by virtue of the attorney's
2-4 [his] office during the preceding year and payable into the state
2-5 or county treasury.
2-6 (e) A commission retained under this section, including a
2-7 commission retained from money collected on a bond forfeiture in
2-8 which a district attorney, criminal district attorney, or county
2-9 attorney represents the state, shall be deposited in the county
2-10 treasury in a special fund to be administered by the district
2-11 attorney, criminal district attorney, or county attorney, as
2-12 applicable.
2-13 (f) Expenditures from the fund under Subsection (e) shall be
2-14 at the sole discretion of the district attorney, criminal district
2-15 attorney, or county attorney, as applicable, and may be used only
2-16 to defray the salaries and expenses of the prosecutor's office,
2-17 except that the district attorney, criminal district attorney, or
2-18 county attorney may not supplement the attorney's own salary from
2-19 the fund.
2-20 SECTION 2. This Act takes effect September 1, 2001, and
2-21 applies only to money received by a prosecuting attorney on or
2-22 after that date.