Someone mentioned at a recent TDCAA conference that a County Attorney's office (and hopefully a DA's Office) can receive as an incentive a percentage of bail bond forfeitures collected on behalf of the state. The person mentioned the Government Code, but was unclear about the specific provision. Does anyone else have an agreement like this? I would like to find out if this is possible. We collect a substantial amount and it would be nice to receive some of that money.

Umm, bail bonds are collected on behalf of the county. The contract is between the sheriff and the bondsman/defendant. So, any breach results in a judgment and collection that goes into county general revenue. If you have been sending the money to the State of Texas, you might want to check into that.

I realize the money goes to the County. Can the DA's office enter an agreement with the County to keep a percentage for our office?

That sounds very wrong.

Texas statutory law sends the money to the general revenue of the county. The county can certainly take collections into consideration when adopting a budget, but why would a county commissioners court voluntarily give a particular department a cut from collections? Wouldn't every department that collects any sort of a fee then want such a cut? And, then, what would be the role of the commissioners court in setting a budget?

Doesn't the county already pay the salary of the people making the collections?

I have been collecting from bondsmen for years. While things are likely to change drastically after this session,I have never seen a provision that would put the funds in the prosecutor's office.

Lisa L. Peterson
Nolan County Attorney

Someone mentioned it again last year I have the same question. I can only find a repealed statute from many years ago. Any new thoughts?