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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of money by certain prosecuting |
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attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.005, Government Code, is amended as |
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follows: |
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Sec. 41.005. COLLECTION OF MONEY. (a) Not later than the |
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30th day after the date on which a district attorney, criminal |
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district attorney, or county attorney receives any money collected |
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for the state or a county, the district or county attorney shall, |
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after deducting the commissions provided by this section, pay the |
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money into the treasury of the state or of the county to which it |
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belongs. |
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(b) The district attorney, criminal district attorney, or |
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county attorney may retain a commission from money collected for |
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the state or a county, including money collected on a bond |
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forfeiture. The amount of the commission in any one case is 15 10 |
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percent of the total amount of principal and interest first $1,000 |
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collected and five percent of the amount collected over $1,000. |
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(c) Subsections (a) and (b) of this section also apply to |
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money realized for the state under the laws governing escheat. |
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(d) Not later than the last day of August of each year, each |
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district attorney, |
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criminal district attorney, and county attorney |
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shall file in the office of the comptroller or of the county |
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treasurer, as appropriate the case may be, a sworn account of all |
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money received by the attorney him by virtue of the attorney's his |
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office during the preceding year and payable into the state or |
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county treasury. |
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(e) A commission retained under this section, including a |
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commission retained from money collected on a bond forfeiture in |
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which a district attorney, criminal district attorney, or county |
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attorney represents the state, shall be deposited in the county |
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treasury in a special fund to be administered by the district |
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attorney, criminal district attorney, or county attorney, as |
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applicable. |
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(f) Expenditures from the fund under Subsection (e) shall be |
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at the sole discretion of the district attorney, criminal district |
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attorney, or county attorney, as applicable, and may be used only to |
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defray the salaries and expenses of the prosecutor's office, except |
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that the district attorney, criminal district attorney, or county |
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attorney may not supplement the attorney's own salary from the |
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fund. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |