THE AITORNEY GENERAL 

OF TEXAS 

AUS-X'IX 11. TEW 

WILL WILSOS 

A-XTORNEX- GEXEIIAL July 21, 1960 

Honorable TomBlackwell 

County Attorney 

Austin, Texas 

opinion no. ww-889 

Re: Can a surety be~bound on 

bail bond where the surety~s 

name was not signed In person 

but was ~slgned by a professional 

bondsmen acting under a valid 

power of attorney specifically 

.autho~izingthe signing of 

Dear Mr. Blackwell: surety bonds? 

You have asked the following questions: 

"(1) Can a surety be bound on bail bond where the 

surety's name was not signed in person but was signed by a 

professional bondsmen acting under a valid power of attorney 

specifically authorizing the signing of surety bonds. 

"(2) Should the Sheriff accept a misdemeanor bond from 

a professional bondsmen who has become disqualified under the 

provisions of Art. 277, C.C.P., who desires to sign the name of 

a wealthy resident of the county under a power of attorney 

specifically authorizing the signing of surety bonds." 

Article 273, Texas Code of Criminal Procedure reads in part as follows: 

"A bail bond shall be sufficient if it contains the following requisites: 

. . . 

4. That the bond be signed by name or mark by the 

principal and sureties. 

1, . . . 

In Walker v. State, log Tex. Cr. R. 618, 6S.W.2d 356 (1928) the Court of 

Criminal Appeals considered the statutory provisions relative to the execution of 

bail bonds and reached the conclusion that they required that the signature or 

mark of the principal be made in person. Ex parte Meadows, I.29 Tex. Cr. R. 297, 

87 S.W.2d 254 (1935) extended this ruling and held that where the names of the 

sureties on a bail bond were sigend by the attorney in fact for said sureties,who 

was duly authorized in writing to execute bail bonds generally, there was no 
Honorable Tom Blackwell, Page 2 (WW-889) 

compliance with Art. 273 $4 of the Texas Code of Criminal Procedure. Non 

compliance makes the bond void and of no effect. 

In Wilkins v. State, 130 Tex. Cr. R. 36, 91 S.W. 2d 354 (1936), the 

court held that where an attorney in fact signed the appeal bond instead of 

the surety in person, the bond was defective and therefore, the Court of 

Criminal Appeals had no jurisdiction. 

In view of the above cases, the answer to both your questions are 

answered in the negative. 

This opinion deals with individuals action as bondsmen and is not 

intended to affirm or deny the power of corporations to execute bail bmds 

as sureties In accordance with statutes of this State. 

SUMMARY 

1. A surety cannot be bound on a bail bond where the surety's name was not 

signed in person but was signed by a professional bondsmen acting under a 

power of attorney specifically authorizing the signing of surety bonds. 

2. The Sheriff should not accept a misdemeanor bond from a professional 

bondsmen who has become disqualified under the provisions of Art. 277, C.C.P. 

who desires to sign the name of a wealthy resident of the county under a power 

of attorney specifically authorizing the signing of surety bonds. 

Yours very truly, 

WILL WILSON 

ATTORNEXGHNNRALOFTNNAS 

Cecil Cammack, Jr. 

Assistant 

CC: ca 

APPROVED 

OPIElION COMMITTEE: 

W. V. Geppert, Chairman 

Tom I. McFarling 

Phocion Park 

Bob Walls 

RRVINWND FOR THE ATTORNEY GENERAL 

By: Leonard Passmore