Texas Attorney General
Opinion No. GA-0997 4/3/13
May a district attorney retain a commission on bond forfeiture collection pursuant to Government Code §41.005?
Yes. Money obtained through bond forfeiture proceedings constitutes “money collected for the state or county” under §41.005, and retention of such a commission does not require approval of the commissioners court. But the Commissioners’ Court determines how the funds are spent.
The Legislature giveth, but the Commissioners spendeth. This appears to be a drafting oversight, but it seems unlikely to me that there will be a fix that provides greater discretionary funds to prosecutor offices because that would mean fewer funds to the counties.
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