TITLE attorney-general

Opinion No. JC-0195. The Honorable Tim Curry, Tarrant County Criminal District Attorney, 401 West Belknap, Fort Worth, Texas 76196-0201, regarding whether a county sheriff is authorized to manage and dispose of cash bail bond money for unfiled criminal cases, and related questions (RQ-0117-JC).

Summary. When no criminal case is filed, a county sheriff is not required to forward cash bail bonds taken by the sheriff to the county clerk or district clerk for deposit in the county's trust depository. The sheriff is authorized to maintain the no-filed case cash bail bond funds in a separate interest bearing trust account at the county depository. The county auditor need not be a signatory on that account; the county auditor, however, may require that he or she be a signatory on such account. The sheriff is authorized to return and, indeed, must return, the no-filed case cash bail bond funds to the defendant.

Unclaimed no-filed case cash bail bonds held by the sheriff may become abandoned property subject to chapter 74 of the Property Code after three years from the date of the "no-file letter" stating that no criminal case will be filed. The sheriff is the "holder" of the abandoned cash bail bonds for the purposes of complying with the procedures set out in chapter 74 of the Property Code. Unclaimed liquidated certificates of deposit securing execution of bail bonds by bondsmen and attorneys may become abandoned property subject to chapter 74 of the Property Code after three years from the date the related depositor's bail bond license expires when no judgments or bonds are outstanding against the depositor.

All interest on no-filed case cash bail bonds and on liquidated certificates of deposit earned while the funds are held by the sheriff must be returned to the depositors.

Opinion No. JC-0196. The Honorable Carole Keeton Rylander, Comptroller of Public Accounts, Lyndon B. Johnson Building, 111 East 17th Street, Austin, Texas 78711, regarding whether a county may discontinue its participation in the salary supplementation program established by §51.702 of the Government Code, and related questions (RQ-0161-JC).

Summary. Under §51.702 of the Government Code, a commissioners court that participates in the salary supplementation program for county court-at-law judges funded by additional fees and costs collected under that provision may not end its participation in the middle of the program year. Section 51.702 contemplates that a commissioners court may rescind its resolution authorizing participation in the program only with respect to a future program year.

Opinion No. JC-0197. The Honorable Sherri Greenberg, Chair, Committee on Pensions & Investments, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910, regarding §49.069(b) of the Water Code authorizes a water district to establish a retirement system for district directors, and related question (RQ-0128-JC).

Summary. Section 49.069(b) of the Water Code does not authorize a water district to establish a public retirement system for district directors. It is not clear under the law whether water-district directors may participate in a deferred-compensation plan that the district has established under 26 U.S.C. 457.

Opinion No. JC-0198. Mr. Tom Harrison, Executive Director, Texas Ethics Commission, 201 East 14th, Sam Houston Building, 10th Floor, Austin, Texas 78701, regarding whether §254.0401(e) of the Election Code precludes the Texas Ethics Commission from making certain contributor address information available on computer diskettes (RQ-0155-JC).

Summary. Section 254.0401(e) of the Election Code precludes the Texas Ethics Commission from making contributor address information, other than city, state, and zip code, available by any electronic means, including computer diskettes.

For further information, please call (512) 463-2110.

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 22, 2000