I have been monitoring my sheriff's office collections, just to ensure that this "bond fee" is being implemented properly. We had an interesting thing happen the other day, and I wanted to see what you folks think.

Another county released a defendant on a Hays County bond (in other words, a bond arising out of a charge in our county). They collected a $15 surcharge when the bond was posted, then they cut a separate check in the amount of $15 from their account and sent it to our sheriff's office.

While the bond was out of Hays County, I really don't see why we should be swapping checks all over the state, just so we can all turn around and send the money to Austin. In other words, if a bond is posted in a particular county, regardless of the bond's source, I believe the collection should go to THAT county.

Does that make sense, or am I missing something here?

Thanks for your help! -mark

Mark, in Potter County our policy is: if we arrest, jail and bond we keep the $15 or $30 fee. We expect other counties to do the same on our warrants.

The way we read Section 41.258 the officer TAKING the bond collects the fee and deposits the fee in THE county treasury. Further, 41.258(d) & (e) say that the officer and the treasurer WHO COLLECT the fee SHALL do certain things. Forwarding the fee to another county is not in the list of things they are mandated to do. Logically, the collecting officers cannot fulfill their mandatory duties under the statute if they relinquish the money to another county.

Thank you for your reply.

Your reading of the code certainly strides in step with my impracticality arguments.

Now...if only we could get all the other counties on board, huh?

Nolan County is collecting on each bond posted, although we are looking at allowing bondsment to set up an account that would allow for payment on a monthly basis. Since the bondsman is due a reimbursement of the $15 if the case is not taken or is dismissed, we are hoping that the account will actually save some paperwork.

But - much to the bondsmens' dismay - we are collecting on each bond!