Weekly Case Summaries: April 5, 2013

Texas Attorney General

Opinion for Fannin County Criminal District Attorney

Opinion No. GA-0997        4/3/13

Issue:

May a district attorney retain a commission on bond forfeiture collection pursuant to Government Code §41.005?

Opinion:

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.
Read opinion

Commentary:

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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