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.