1-1                                   AN ACT
 1-2     relating to the deposit and refund of cash with regard to a bond in
 1-3     a criminal case.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 17.02, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 17.02.  DEFINITION OF "BAIL BOND."  A "bail bond" is a
 1-8     written undertaking entered into by the defendant and his sureties
 1-9     for the appearance of the principal therein before some court or
1-10     magistrate to answer a criminal accusation;  provided, however,
1-11     that the defendant upon execution of such bail bond may deposit
1-12     with the custodian of funds of the court in which the prosecution
1-13     is pending current money of the United States in the amount of the
1-14     bond in lieu of having sureties signing the same.  A court or
1-15     magistrate may not authorize a defendant or any person acting on
1-16     behalf of the defendant to deposit cash in an amount less than the
1-17     full amount of the bail that has been set by the court or
1-18     magistrate.  Any cash funds deposited under this Article shall be
1-19     receipted for by the officer receiving the same and shall be
1-20     refunded to the surety if there is a surety on the bond or to the
1-21     defendant if there is no surety if and when the defendant complies
1-22     with the conditions of his bond, and upon order of the court.  The
1-23     custodian of funds may deduct from the amount to be refunded any
1-24     outstanding fines and court costs owed by the defendant that relate
1-25     to the offense for which the defendant was released on bail.
 2-1           SECTION 2.  Subsection (a), Article 17.03, Code of Criminal
 2-2     Procedure, is amended to read as follows:
 2-3           (a)  Except as provided by Subsection (b) of this article, a
 2-4     magistrate may, in the magistrate's discretion, release the
 2-5     defendant on his personal bond.  A court or magistrate may not
 2-6     require the deposit of money or any other security as a condition
 2-7     of release on personal bond [without sureties or other security].
 2-8           SECTION 3.  This Act takes effect immediately if it receives
 2-9     a vote of two-thirds of all the members elected to each house, as
2-10     provided by Section 39, Article III, Texas Constitution.  If this
2-11     Act does not receive the vote necessary for immediate effect, this
2-12     Act takes effect September 1, 2001.
                                                                S.B. No. 173
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 173 passed the Senate on
            February 12, 2001, by the following vote:  Yeas 30, Nays 0, one
            present not voting; and that the Senate concurred in House
            amendment on May 27, 2001, by the following vote:  Yeas 30, Nays 0,
            one present not voting.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 173 passed the House, with
            amendment, on May 23, 2001, by the following vote:  Yeas 139,
            Nays 0, one present not voting.
                                                _______________________________
                                                   Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor