THE ATTORSEY GESEFLWL
OF TEXAS
Honorable Phil Nichols Opinion No. JM-1172
Erath County Attorney
Courthouse Re: Authority of a sheriff
Stephenville, Texas 76401 to impose a $20 fee on an
inmate who is released on
bond (RQ-1944)
Dear Mr. Nichols:
You ask whether a sheriff has authority to impose a $20
fee on an inmate at the time a bail bond is filed for his
release. Your question necessitates a review of the
statutes authorizing the assessment of a fee against a
defendant for taking and approving a bond.
P Article 102.011 of the Code of Criminal Procedure
provides in relevant part:
(a) A defendant convicted of * -
demeanor shall pay the following fzes for
services performed in the case by a peace
officer:
. . . .
(5) $10 for taking and approving a
bond and, if necessary, returning the
bond to the courthouse. (Emphasis added.)
Article 17.42(a) of the Code of Criminal Procedure, as
added by Senate Bill 1451 of the 71st Legislature, provides:
(a) A court, magistrate, or peace officer
shall collect a $2 fee from a defendant
charged with an offense other than a mis-
demeanor punishable by fine only on the
release of the defendant on bail bond or
personal bond. The court, magistrate, or
peace officer may waive the fee for good
cause shown.
P.
Acts 1989, 71st Leg., ch. 698, at 3207 (eff. Sept. 1, 1989).
P- 6181
Honorable Phil Nichols - Page 2 (JM-1172)
Article 17.42, as added by Senate Bill 211 in 1989,
provides for the creation of a personal bond office to
gather and review information about an accused that may have
a bearing on whether he will comply with the conditions of a
personal bond. Acts 1989, 71st Leg., ch. 2, § 5.01(a), at
127. The court is authorized to assess a personal bond fee
of $20 or three percent of the amount of bail, whichever is
greater, if the court releases the defendant upon the recom-
mendation of the personal bond office. Fees collected under
this provision may be used to defray the expenses of the
personal bond office, including the expenses of extradition.
The fee authorized for taking and approving a bond
under article 102.011 is only payable upon conviction.
Article 17.42(a), as added by Senate Bill 1451 in 1989,
authorizes a court, magistrate, or a peace officer to
collect a $2 fee from a defendant charged with a misdemeanor
(other than one punishable by fine only) on the release of
the defendant on bail bond or personal bond. Under the pro-
visions of article 17.42 as added by Senate Bill 221, the
court assesses the fee in cases where the court releases the
defendant on personal bond upon recommenda- tion of the
personal bond office. We find no provision authorizing the
sheriff to impose a $20 fee at the time a bail bond is
filed.
SUMMARY
A sheriff may not impose a $20 fee for the
release of an inmate at the time a bail bond
J k
is filed.
Very truly yo r ,
A
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tom G. Davis
Assistant Attorney General
P, 6182