Sec. 117.055.  COUNTY EXPENSES PAID FROM FEES.  (a)  Except as provided by Subsection (a-1), to compensate the county for the accounting and administrative expenses incurred in handling the registry funds that have not earned interest, including funds in a special or separate account, the clerk shall, at the time of withdrawal, deduct from the amount of the withdrawal a fee in an amount equal to five percent of the withdrawal but that may not exceed $50.  Withdrawal of funds generated from a case arising under the Family Code is exempt from the fee deduction provided by this section.
(a-1)  A clerk may not deduct a fee under Subsection (a) from a withdrawal of funds generated by the collection of a cash bond or cash bail bond if in the case for which the bond was taken:
(1)  the defendant was found not guilty after a trial or appeal; or
(2)  the complaint, information, or indictment was dismissed without a plea of guilty or nolo contendere being entered.
(a-2)  On the request of a person to whom withdrawn funds generated by the collection of a cash bond or cash bail bond were disbursed, the clerk shall refund to the person the amount of the fee deducted under Subsection (a) if:
(1)  subsequent to the deduction, a court makes or enters an order or ruling in the case for which the bond was taken; and
(2)  had the court made or entered the order or ruling before the withdrawal of funds occurred, the deduction under Subsection (a) would have been prohibited under Subsection (a-1).
(b)  A fee collected under this section shall be deposited in the general fund of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 16(a), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 505, Sec. 15, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 119, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 19, eff. December 2, 2021.