79R3913 RMB-F
By: Farrar H.B. No. 3400
A BILL TO BE ENTITLED
AN ACT
relating to the use of bail bond costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 41.258(f), (g), and (i), Government
Code, are amended to read as follows:
(f) A surety paying a cost under Subsection (b) may apply
for and is entitled to a refund of 90 percent of the cost not later
than the 181st day after the date the state declines to prosecute an
individual or the grand jury declines to indict an individual. The
remainder of the cost is a nonrefundable administrative cost.
(g) The comptroller shall distribute [A county may retain]
10 percent of the funds collected under this section to the county
treasurers to be used for continuing education for county
treasurers. Each county treasurer must receive sufficient funds to
meet the minimum continuing education requirements under Section
83.003, Local Government Code, before additional funds may be
awarded to a county treasurer for education that exceeds the
minimum requirement [and may also retain all interest accrued on
the funds if the custodian of the treasury:
[(1) keeps records of the amount of funds on deposit;
and
[(2) remits the funds to the comptroller as prescribed
by Subsection (e)].
(i) The comptroller shall deposit 60 percent [two-thirds]
of the funds received under this section in the felony prosecutor
supplement fund and 30 percent [one-third] of the funds received
under this section to the fair defense account. A county may not
reduce the amount of funds provided for indigent defense services
in the county because of funds provided under this subsection.
SECTION 2. The change in law made by this Act applies to a
bail bond cost paid on or after the effective date of this Act. A
bail bond cost paid before the effective date of this Act is covered
by the law in effect on the date the bail bond cost is paid, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.