## THE AITORNEY GENERAL OF TEXAS AUS-X'IX 11. TEW WILL WILSOS A-XTORNEX- GEXEIIAL July 21, 1960

Honorable

TomBlackwell CountyAttorney Austin,Texas opinionno. ww-889 Re: Can a suretybe~boundon bail bond where the surety~s name was not signed In person but was ~slgned

by a professional bondsmenactingunder a valid power of attorney specifically .autho~izingthe

signingof Dear Mr. Blackwell: suretybonds? You have asked the following questions: "(1) Can a suretybe bound on bail bond where the surety's

name was not signed in person but was signedby a professional

bondsmenacting under a valid power of attorney specifically

authorizing

the signingof suretybonds. "(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 desiresto sign the name of a wealthy residentof the countyunder a power of attorney specifically

authorizing

the signingof surety bonds." Article 273, Texas Code of Criminal Procedurereads 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 requiredthat 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 rulingand held that where the names of the suretieson a bail bond were sigend by the attorney in fact for said sureties,who was duly authorizedin writing to execute bail bonds generally, there was noHonorable 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 Wilkinsv. State, 130 Tex. Cr. R. 36, 91 S.W. 2d 354 (1936),the court held that where an attorney in fact signed the appealbond insteadof the surety in person, the bond was defective and therefore,

the Court of Criminal

Appealshad no jurisdiction. In view of the above cases, the answer to both your questions are answered in the negative.

This opinion

dealswith individuals actionas bondsmen

and is not intended

to affirm or deny the power of corporations to execute

bail bmds as suretiesIn accordance with statutes

of this State. SUMMARY 1. A suretycannot be bound on a bail bond where the surety's name was not signed in personbut was signedby a professional bondsmen

acting under a power of attorneyspecifically authorizing

the signing

of suretybonds. 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 wealthyresident of the countyunder 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 ATTORNEYGENERAL By: Leonard

Passmore