1-1 By: Carona S.B. No. 173 1-2 (In the Senate - Filed December 15, 2000; January 11, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 February 5, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; 1-6 February 5, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 173 By: Staples 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the refund of cash to a surety in a criminal case. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Article 17.02, Code of Criminal Procedure, is 1-13 amended to read as follows: 1-14 Art. 17.02. DEFINITION OF "BAIL BOND." A "bail bond" is a 1-15 written undertaking entered into by the defendant and his sureties 1-16 for the appearance of the principal therein before some court or 1-17 magistrate to answer a criminal accusation; provided, however, 1-18 that the defendant upon execution of such bail bond may deposit 1-19 with the custodian of funds of the court in which the prosecution 1-20 is pending current money of the United States in the amount of the 1-21 bond in lieu of having sureties signing the same. Any cash funds 1-22 deposited under this Article shall be receipted for by the officer 1-23 receiving the same and shall be refunded to the surety if there is 1-24 a surety on the bond or to the defendant if there is no surety if 1-25 and when the defendant complies with the conditions of his bond, 1-26 and upon order of the court. The custodian of funds may deduct 1-27 from the amount to be refunded any outstanding fines and court 1-28 costs owed by the defendant. 1-29 SECTION 2. This Act takes effect immediately if it receives 1-30 a vote of two-thirds of all the members elected to each house, as 1-31 provided by Section 39, Article III, Texas Constitution. If this 1-32 Act does not receive the vote necessary for immediate effect, this 1-33 Act takes effect September 1, 2001. 1-34 * * * * *