Tex.
Code of Crim. Proc. Article 17.071
Charitable Bail Organizations
(a)
In this article, “charitable bail organization” means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant’s bail bond. The term does not include:(1)
a person accepting donations with respect to a defendant who is a member of the person’s family, as determined under Section 71.003 (Family), Family Code; or(2)
a nonprofit corporation organized for a religious purpose.(b)
This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period.(c)
A person may not act as a charitable bail organization for the purpose of paying a defendant’s bail bond in a county unless the person:(1)
is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and(2)
has been issued a certificate under Subsection (d) with respect to that county.(d)
A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is:(1)
a nonprofit organization described by Subsection (c)(1); and(2)
current on all filings required by the Internal Revenue Code.(e)
A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization.(f)
Not later than the 10th day of each month, a charitable bail organization shall submit, to the sheriff of each county in which the organization files an affidavit under Subsection (e), a report that includes the following information for each defendant for whom the organization paid a bail bond in the preceding calendar month:(1)
the name of the defendant;(2)
the cause number of the case;(3)
the county in which the applicable charge is pending, if different from the county in which the bond was paid; and(4)
any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid.(f-1)
A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System.(g)
A charitable bail organization may not pay a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this article.(h)
The sheriff of a county may suspend a charitable bail organization from paying bail bonds in the county for a period not to exceed one year if the sheriff determines the organization has paid one or more bonds in violation of this article and the organization has received a warning from the sheriff in the preceding 12-month period for another payment of bond made in violation of this article. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System.(i)
Chapter 22 (Forfeiture of Bail) applies to a bail bond paid by a charitable bail organization.(j)
A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant.(k)
Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year.(1)
a person accepting donations with respect to a defendant who is a member of the person’s family, as determined under Section 71.003 (Family), Family Code; or(2)
a nonprofit corporation organized for a religious purpose.(b)
This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period.(c)
A person may not act as a charitable bail organization for the purpose of paying a defendant’s bail bond in a county unless the person:(1)
is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and(2)
has been issued a certificate under Subsection (d) with respect to that county.(d)
A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is:(1)
a nonprofit organization described by Subsection (c)(1); and(2)
current on all filings required by the Internal Revenue Code.(e)
A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization.(f)
Not later than the 10th day of each month, a charitable bail organization shall submit, to the sheriff of each county in which the organization files an affidavit under Subsection (e), a report that includes the following information for each defendant for whom the organization paid a bail bond in the preceding calendar month:(1)
the name of the defendant;(2)
the cause number of the case;(3)
the county in which the applicable charge is pending, if different from the county in which the bond was paid; and(4)
any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid.(f-1)
A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System.(g)
A charitable bail organization may not pay a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this article.(h)
The sheriff of a county may suspend a charitable bail organization from paying bail bonds in the county for a period not to exceed one year if the sheriff determines the organization has paid one or more bonds in violation of this article and the organization has received a warning from the sheriff in the preceding 12-month period for another payment of bond made in violation of this article. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System.(i)
Chapter 22 (Forfeiture of Bail) applies to a bail bond paid by a charitable bail organization.(j)
A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant.(k)
Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year.
Source:
Article 17.071 — Charitable Bail Organizations, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.071 (accessed Apr. 29, 2024).
