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.