JIM MATTOX 

Attorney General 

Supreme Carl Building 

P. 0. Box 12646 

Austin. TX. 76711- 2646 

51214752601 

Telex 9101674.1367 

Telecopier 51Z476-0266 

714 Jackson. Suite 700 

Dallas. TX. 75202-4506 

21417428944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 799052793 

915633-3464 

1001 Texas. Suite 700 

Houston. TX. 77002-3111 

713n236866 

606 Broadway. Suite 312 

Lubbock. TX. 79401.3479 

6DW’47-6236 

4309 N. TwMh. Suite 8 

MCAllml. TX. 76601.1666 

512ma2d547 

200 Main Plaza. Suite 400 

San Antonio. TX. 762052797 

5121225-4191 

An Equal Opportunity/ 

Alllrm4tlve Action Employer 

The Attorney General of Texas 

March 31. 1986 

Honorable James Ei. Kecshaa 

District Attorney 

Montgomary Count!! Courthouse 

Conroe, Texas x301 

Opinion No. JM-461 

lb: Proper custodian of recognizances and bail bonds 

collected by a municipal judge 

prior to forfeitures 

Dear Mr. Keeshan 

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 

cash bond bcforeiiorfeitute. 

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 

art+le 1001, V.T.C.S., vhich provides: 

The treasurer shall give bond in favor of the 

city in such amount, and in such form as the city 

council may require. with sufficient securiry to 

be approved by the city council, conditioned for 

the faLthfu1 discharge of his duties. He shall 

receive and securely keep all moneys beloaging to 

the ci& and make all payments for the same upon 

the order of the mayor, attested by the secretary 

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 

issuance. and for what purpose. Be shall render a 

full and correct statement. of his receipts and 

payments to the city council, at their first 

regular meeting in every quarter and whensoever, 

at other tines. he may be required by them so to 

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 

MARY KPILLEX 

Executive Assistant Attorney General 

p. 2113 
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, Roaorablc James R. Keeshar - Page 3 (JM-461) 

ROBERT GRAY 

Special Atvidrtant Attorney General 

RICK GILPIN 

cbai-. opinioa Comlttt:c! 

Prepared by Sarah Uoelk 

Assietant Attorney Genera: 

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p. 2114