(Download) "Lubbock County V. Trammel's Lubbock Bail Bonds" by Texas Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lubbock County V. Trammel's Lubbock Bail Bonds
- Author : Texas Supreme Court
- Release Date : January 20, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The issues in this case are: (1) whether Lubbock County's bail-bond service charge is unlawful because it is not authorized by any statute; (2) whether the presentment statute, Texas Local Government Code section 89.004(a), is jurisdictional; and (3) whether the presentment statute delays accrual of a claim for the reimbursement of funds against a county until the claim has been presented to and is rejected by the county commissioners court. We conclude that fact questions remain on the extent to which the bail-bond service charge was used for providing copies to the bail-bond companies and was thus authorized by statute. We also reaffirm that the presentment statute is not jurisdictional. Further, we overrule City of Taylor v. Hodges, 186 S.W.2d 61 (Tex. 1945), and Jones County v. Moore, 4 S.W.2d 289 (Tex. Civ. App.-Eastland 1928, writ ref'd), and hold that the presentment statute does not delay the accrual of a cause of action against a county for reimbursement of unauthorized charges. Accordingly, we affirm the court of appeals' judgment in part, reverse in part, and render judgment as explained below.
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