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 

# TheAttorney General ofTexas
March31. 1986

Honorable JamesEi.Kecshaa District Attorney MontgomaryCount!! Courthouse Conroe, Texas x301 Opinion No. JM-461 lb: Proper custodian of recognizances and bail bonds collected by amunicipal judge prior to forfeitures DearMr. Keeshan Youask about the disposition of moneyreceived as abail bondby amunicipal judge. Youwant to knowwhois 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, andin such form as the city council mayrequire. 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 moneysbeloaging to the ci& andmakeall payments for the sameupon the order of the mayor, attested by the secretary under the seal of the corporation. Noorder shall be paid unless the said order shall showupon its face t’hat the city council has directed its issuance. andfor whatpurpose. Beshall 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 maybe required by themso to do. We:shall do and perform such other acts and duties as the city council mayrequire. Re shall receive such compensation as the city council shall fix. (Emphasis added). Amunicipal 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 Codeof Crimina3.Procedure.

p. 2112Konorable James8. 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 anofferwe!. Code Grim. Proc. art. 17.38. TheCode of Criminal Procedure provide8 that upon aecution of a bail bond a defendant maydeposit “with, the custodian of funds of the court in which the prosecution is pc,odlng current moneyof 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 anybond. Although article 1001 does notcontrol this question, ve dothink that the city treasurer cculd be madethe custodian of funds for the muaicipal court. Wefind oo statute that designates the custodian of funds for amunicipal cour:~ There is astatute, 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. Wenote, 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 JACKEIGETOWER First Assistant Attorney G,eoeral MARY KPILLEX Executive Assistant Attorney General

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, Roaorablc JamesR. Keeshar - Page 3 (JM-461)

ROBERT

GRAY Special Atvidrtant Attorney General RICKGILPIN cbai-. opinioa Comlttt:c! Prepared by SarahUoelk Assietant Attorney Genera:

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