By Carona                                              S.B. No. 173
         77R2738 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the refund of cash to a surety in a criminal case.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Article 17.02, Code of Criminal Procedure, is
 1-5     amended to read as follows:
 1-6           Art. 17.02.  DEFINITION OF "BAIL BOND". A "bail bond" is a
 1-7     written undertaking entered into by the defendant and his sureties
 1-8     for the appearance of the principal therein before some court or
 1-9     magistrate to answer a criminal accusation;  provided, however,
1-10     that the defendant upon execution of such bail bond may deposit
1-11     with the custodian of funds of the court in which the prosecution
1-12     is pending current money of the United States in the amount of the
1-13     bond in lieu of having sureties signing the same.  Any cash funds
1-14     deposited under this Article shall be receipted for by the officer
1-15     receiving the same and shall be refunded to the surety if there is
1-16     a surety on the bond or to the defendant if there is no surety if
1-17     and when the defendant complies with the conditions of his bond,
1-18     and upon order of the court.  If funds are to be refunded to the
1-19     defendant, the custodian of funds may deduct from the amount to be
1-20     refunded any outstanding fines and court costs owed by the
1-21     defendant.
1-22           SECTION 2. This Act takes effect immediately if it receives a
1-23     vote of two-thirds of all the members elected to each house, as
1-24     provided by Section 39, Article III, Texas Constitution.  If this
 2-1     Act does not receive the vote necessary for immediate effect, this
 2-2     Act takes effect September 1, 2001.