April 5, 2013

Texas Attorney General

Opinion for Fannin County Criminal District Attorney

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.
Read opinion


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.

TDCAA is pleased to offer our members unique case summaries from the U.S. Supreme Court, the 5th Circuit Court of Appeals, the Texas Court of Criminal Appeals, Texas Courts of Appeals and the Texas Attorney General. In addition to the basic summaries, each case will have a link to the full text opinion and will offer exclusive prosecutor commentary explaining how the case may impact you as a prosecutor. The case summaries are for the benefit of prosecutors, their staff members, and members of the law enforcement community. These summaries are NOT a source of legal advice for citizens. The information contained in this email message may be privileged, confidential, and protected from disclosure. Any unauthorized use, printing, copying, disclosure, dissemination of or reliance upon this communication by persons other than the intended recipient may be subject to legal restriction or sanction. Please email comments, problems, or questions to [email protected]. In addition, if you would like to discuss the summaries with fellow prosecutors, look for the thread in our criminal forum.