The Attorney General of Texas
JIM MATTOX March 31. 1986
Attorney General
Supreme Carl Building Honorable James Ei. Kecshaa Opinion No. JM-461
P. 0. Box 12646 District Attorney
Austin. TX. 76711- 2646 Montgomary Count!! Courthouse lb: Proper custodian of re-
51214752601
Telex 9101674.1367
Conroe, Texas x301 cognizances and bail bonds
Telecopier 51Z476-0266 collected by a municipal judge
prior to forfeitures
714 Jackson. Suite 700
Dear Mr. Keeshan
Dallas. TX. 75202-4506
21417428944
You ask about the disposition of money received as a bail bond by
a municipal judge. You want to know who is the proper custodian of a
4624 Alberta Ave., Suite 160 cash bond bcforeiiorfeitute.
El Paso, TX. 799052793
915633-3464
The city 0:: Patton Village arg-ies ,that a cash bond should be
deposited with 1:he city treasurer. The city bases its argument on
1001 Texas. Suite 700 art+le 1001, V.T.C.S., vhich provides:
Houston. TX. 77002-3111
713n236866 The treasurer shall give bond in favor of the
city in such amount, and in such form as the city
606 Broadway. Suite 312 council may require. with sufficient securiry to
Lubbock. TX. 79401.3479 be approved by the city council, conditioned for
6DW’47-6236 the faLthfu1 discharge of his duties. He shall
receive and securely keep all moneys beloaging to
4309 N. TwMh. Suite 8
the ci& and make all payments for the same upon
MCAllml. TX. 76601.1666 the order of the mayor, attested by the secretary
512ma2d547 under the seal of the corporation. No order shall
be paid unless the said order shall show upon its
face t’hat the city council has directed its
200 Main Plaza. Suite 400
San Antonio. TX. 762052797
issuance. and for what purpose. Be shall render a
5121225-4191 full and correct statement. of his receipts and
payments to the city council, at their first
regular meeting in every quarter and whensoever,
An Equal Opportunity/
at other tines. he may be required by them so to
Alllrm4tlve Action Employer
do. We: shall do and perform such other acts and
duties as the city council may require. Re shall
receive such compensation as the city council
shall fix. (Emphasis added).
A municipal judg,e , on the other hand, argues that the disposition of a
cash bond deposj.ted with the court is governed by article 17.02 ~of, the
Code of Crimina3. Procedure.
p. 2112
Konorable James 8. Keeshan .- Page 2 (JM-461)
The rules set out in the Code of Criminal Procedure regarding
bail are applicable In all lnetanccs in which bail is taken of a
person accused of an offerwe!. Code Grim. Proc. art. 17.38. The Code
of Criminal Procedure provide8 that upon aecution of a bail bond a
defendant may deposit “with, the custodian of funds of the court in
which the prosecution is pc,odlng current money of the United States in
the mount of the bond” :instead of having sureties sign the bond.
Code Grim. Proc. art. 17.02. Therefore, article 17.02 controls the
dispoeltion of any bond.
Although article 1001 does not control this question, ve do think
that the city treasurer cculd be made the custodian of funds for the
muaicipal court. We find oo statute that designates the custodian of
funds for a municipal cour:~ There is a statute, however, that allows
the governing body of L city to adopt “rules and regulations
concerning the practice end procedure” in a municipal court. Code
Grim. Proc. art. 45.06. Ue think that this statute grants a city
broad enough power to dexlgnate who shall act as custodian of the
funds for the municipal coott. We note, though, that the custodian of
the funds is not free to Idispose of the money. The money does not
belong to the city. It mst be returned to the defendant upon his
cmpliance with the condj.tions of his bond. Code Grim. Proc. art.
17.02.
SUMMARY
The custodian of funds for the municipal court
is the proper clstodiaa for funds received by the
nunicipal court to be held as a bail bond. The
governing body of a city has authority to
designate the custodiao of funds for a municipal
court pursuant to article 45.06 of the Code of
Criminal Proced~me.
JIM MATTOX
Attorney General of Texas
JACK EIGETOWER
First Assistant Attorney G,eoeral
MARYKPILLEX
Executive Assistant Attorney General
p. 2113
- ,
, Roaorablc James R. Keeshar - Page 3 (JM-461)
ROBERTGRAY
Special Atvidrtant Attorney General
RICK GILPIN
cbai-. opinioa Comlttt:c!
Prepared by Sarah Uoelk
Assietant Attorney Genera:
-
p. 2114
Untitled Texas Attorney General Opinion
Combined Opinion