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Texas Code of Criminal Procedure - Article 17.42. Personal Bond Office

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Art. 17.42. PERSONAL BOND OFFICE.  Sec. 1. Any county, or any 
judicial district with jurisdiction in more than one county, with 
the approval of the commissioners court of each county in the 
district, may establish a personal bond office to gather and review 
information about an accused that may have a bearing on whether he 
will comply with the conditions of a personal bond and report its 
findings to the court before which the case is pending.
	Sec. 2. (a) The commissioners court of a county that 
establishes the office or the district and county judges of a 
judicial district that establishes the office may employ a director 
of the office.
	(b)  The director may employ the staff authorized by the 
commissioners court of the county or the commissioners court of 
each county in the judicial district.
	Sec. 3. If a judicial district establishes an office, each 
county in the district shall pay its pro rata share of the costs of 
administering the office according to its population.
	Sec. 4. (a) If a court releases an accused on personal bond on 
the recommendation of a personal bond office, the court shall 
assess a personal bond fee of $20 or three percent of the amount of 
the bail fixed for the accused, whichever is greater.  The court may 
waive the fee or assess a lesser fee if good cause is shown.
	(b)  Fees collected under this article may be used solely to 
defray expenses of the personal bond office, including defraying 
the expenses of extradition.
	(c)  Fees collected under this article shall be deposited in 
the county treasury, or if the office serves more than one county, 
the fees shall be apportioned to each county in the district 
according to each county's pro rata share of the costs of the 
office.
	Sec. 5. (a) A personal bond pretrial release office 
established under this article shall:
	(1)  prepare a record containing information about any 
accused person identified by case number only who, after review by 
the office, is released by a court on personal bond;
	(2)  update the record on a monthly basis;  and                                
	(3)  post a copy of the record in the office of the clerk of 
the county court in any county served by the office.
	(b)  In preparing a record under Subsection (a), the office 
shall include in the record a statement of:
	(1)  the offense with which the person is charged;                             
	(2)  the dates of any court appearances scheduled in the 
matter that were previously unattended by the person;
	(3)  whether a warrant has been issued for the person's 
arrest for failure to appear in accordance with the terms of the 
person's release;
	(4)  whether the person has failed to comply with conditions 
of release on personal bond;  and
	(5)  the presiding judge or magistrate who authorized the 
personal bond.     
	(c)  This section does not apply to a personal bond pretrial 
release office that on January 1, 1995, was operated by a community 
corrections and supervision department.
	Sec. 6. (a) Not later than April 1 of each year, a personal 
bond office established under this article shall submit to the 
commissioners court or district and county judges that established 
the office an annual report containing information about the 
operations of the office during the preceding year.
	(b)  In preparing an annual report under Subsection (a), the 
office shall include in the report a statement of:
	(1)  the office's operating budget;                                            
	(2)  the number of positions maintained for office staff;                      
	(3)  the number of accused persons who, after review by the 
office, were released by a court on personal bond;  and
	(4)  the number of persons described by Subdivision (3):                       
	(A)  who were convicted of the same offense or of any felony 
within the six years preceding the date on which charges were filed 
in the matter pending during the person's release;
	(B)  who failed to attend a scheduled court appearance;                        
	(C)  for whom a warrant was issued for the person's arrest 
for failure to appear in accordance with the terms of the person's 
release;  or
	(D)  who were arrested for any other offense while on the 
personal bond.     
	(c)  This section does not apply to a personal bond pretrial 
release office that on January 1, 1995, was operated by a community 
corrections and supervision department.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.01(a), eff. Aug. 28, 
1989;  Acts 1989, 71st Leg., ch. 1080, Sec. 1, eff. Sept. 1, 1989.  
Amended by Acts 1995, 74th Leg., ch. 318, Sec. 44, eff. Sept. 1, 
1995.

Last modified: August 10, 2007