Texas Attorney General Opinion: JM-967 Page: 1 of 3
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THE ATTORNEY GENERAL
OF TEXAS
October 20, 1988
JI MATTox
ATTOIRN EY GENERAL
Mr. Stephen F. Austin, C.P.A. Opinion No. JM-967
Hidalgo County Auditor
Hidalgo County Courthouse Re: Competitive bidding
Edinburg, Texas 78539 requirements on items
purchased with funds
under article 53.08, now
section 102.007, of the
Texas Code of Criminal
Procedure (RQ-1504)
Dear Mr. Austin:
You ask whether expenditures from the so-called "hot
check fund" provided for by article 102.007 of the Code of
Criminal Procedure are subject to the competitive bidding
and competitive proposal requirements generally applicable
to county purchases pursuant to sections 262.021 et sea. of
the Local Government Code.
Article 102.007 provides for the collection by a county
attorney, district attorney, or criminal district attorney
of a fee in connection with the collection or processing by
his office of a check or similar sight order if the check
had been issued or passed in a manner constituting one of
the offenses enumerated in that article. Subdivision (e) of
article 102.007 provides with respect to the disposition of
such fees as follows:
Fees collected under this article shall be
deposited in the county treasury in a special
fund to be administered by the county
attorney, district attorney, or criminal
district attorney. ExDenditures from this
fund shall be at the sole discretion of the
attorney and may be used only to defray the
salaries and expenses of the prosecutor' s
office, but in no event may the county
attorney, district attorney, or criminal
district attorney supplement his own salary
from this fund. (Emphasis added.)p. 4922
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-967, text, October 20, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273405/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.