DAN MORALES 

Al-TORNEY GENERAL 

QBffice of tip Bttornep Q&net-al 

6btate of Qexae 

May 28, 1993 

Honorable Mike Driscoll 

Harris county Attorney 

1001 Preston Suite 634 

Houston, Texas 77002-I 891 

Opinion No. DM-224 

Rez Whether the Harris County Bail Bond 

Board is authorized to issue more than one 

bail bond ticense to a corporate surety, and 

related question (RQ-463) 

Dear Mr. Driscoll: 

On behalf of the Hanis County Bail Bond Board (the “board”), you have asked 

two questions relating to corporate sureties licensed to act as bail bondsmen. Pii, you 

ask whether the board is authorized to issue more than one license to a corporate surety. 

Second, you ask if a corporate surety is entitled to cast multiple votes in the election of the 

bail bondsmen’s repmentative to the board. 

A bail bond board has only those powers expressly wnferred upon it by statute, 

together with those powers necessarily implied from powers or duties expressly provided. 

Attorney General Opiion JM-471 (1986) at 4 (citing cases). The board is established 

pumant to article 2372~3, V.T.C.S. (the “act”). In a county with a bail bond board 

governed by article 2372~3, no person may act as a bondsman except an attorney who 

meets certain requimnents or “persons licensed under [the act].” V.T.C.S. art. 2372~3, 

5 3(a). The term “person” means “an individual or corporation.” Id. 8 2(l). The general 

liwnsing requirements, for both individuals and corporations, are set forth in section 6. 

See id. 58 6,7(a). 

Section 7 of the act sets forth the conditions under which a corporation may act as 

surety. Section 7(a) requims that before acting as a surety, a corporation must obtain a 

license under section 6. See id. fj 7(a) (a corporate surety must comply with the 

requirements of section 6 with the exception of subpart (9)). Section 7(c) provides as 

fohows: 

Any corporation which acts as a surety shall, before executing 

any bail bond, first file in the office of the county clerk of the county 

where such bail bond is given a power of attorney designating and 

authorizing the named agent of such corporation to execute such bail 

bonds by such agent. This power of attorney shah be a valid and 

p. 1168 
Honorable Mike Driswh - Page 2 (DH-224) 

biig obligation of the corporation. A sepmote license is required 

for each agent operating an&r a awpratepower of attorney. 

Id. Q 7 (emphasis added). 

Section 7(c) clearly wntemplates that a corporate surety may designate more than 

one local agent to act on its behtdf under a power of attorney. See Attorney General 

Opinion 354471 at 4 (noting that “the aut [doas not] limit the number of persons who may 

he designated as agents by a wrporate surety”). In addition, it clearly mquires that each 

of these agents must be sepamtely licensad. Attorney General Option MW-507 (1982) at 

3 (noting that section 7(c) “clearly requires a separate liwnse for each agent exe&ing bail 

bonds on behalf of the wrporate surety”). The question is whether this licensing 

rqtdmment contemplates that a designated agent is licensed in his or her own right, or 

merely as an agent of the wrporation. We believe the statute contemplates the latter for 

the folhnving reasons. 

As noted above, section 6 sats forth the application mquiraments for licwsws. 

Upon notice f?om the board that an application has been tentativaly apm an applicsnt 

must titmish sewrity. See V.T.C.S. art. 2372~3, Q 6(r). While many of the application 

requitanentsuethesameforboshiadividualaadcorponterppliuUrythesewiry 

r@remutts for corporate applicants are ditTerent. Id. 54 6(t). 7(a) (a corporate surety 

must comply with the requirements of section 6 with the exception of subpart (g)). An 

individual applicant is wquired to deposit a cashids chwk, certificate of deposit, cash or 

CdlWpliVlLlWtWiththC00unty-, oraxecuteintmsttotheboarddwdstoreal 

proper&. .%e V.T.C.S. art. 2372~3. 0 6(r). We do not believe that the act mquires an 

individualwhornadyactrasthedesignated~aaofaeorporatearrayto~~ 

sect&y.’ Suchaqukment wouldsarvcnopurposcbecausethewtporatesuratyitsalf 

must be liwnsed by virtue of section 7(a) and therefore will have already posted its own 

searrityundasectionqf),and~thedosignated~madyarecutesbailbonds 

on behalf of the wrporate surety, not in his or her individual capacity. Of wursc, a 

designated agent is subject to all the other kensing raquirements of section 6, and his or 

her apptication must be separately considered and approved by the board.z 

For the foregoing reasons, we wnuhrde that the act requires a corporate surety to 

obtain a liwnse for each of its designated agents in his or her capacity as a designated 

p. 1169 
Honorab~eMikeDrisco~ - Page 3 (DM-224) 

agents Accordingly, we conclude that the act impliedly authorizes the ward to issue 

multiple licenses to a corporate surety. To the extent any of our prior opinions suggest to 

the wntrary, they are overruled. 

You also ask if a corporate surety is entitled to cast multiple votes in the election 

of the bail bondsmen’s representative to the board. The membership of the board is 

governed by section 5 of the act which provides that the ward shall be composed of a 

ntmhr of local officials and “a licensed bondsman, licensed in the county, ekred by 

other county licensees.” Id. 5 5(b)(6) (emphasis added). We believe that although a 

corporate surety may have multiple licenses for designated agents, this would not entitle 

the wrporate surety to multiple votes. Nothing in this provision suggests that a licensee 

would be entitled to more than one vote. Furthermore, we do not believe that an 

individual licensed as a designated agent would be entitled to separat4y cast a vote 

because such a kensee is not lkensed in his or her own right. Therefore, we conclude 

that a wrporate surety is entitled to cast only one vote. 

SUMMARY 

Article 2372~3. V.T.C.S., authorizes the Harris County Bail 

Bond Board to issue multiple licenses to a corporate surety. In an 

election of the bail bondsmenk representative to the bolvd, a 

wrporate surety is entitled to cast only one vote. 

DAN MORALES 

Attorney General of Texas 

p. 1170 
HonorablehfikeDriscd - Page 4 W-224) 

WILL PRYOR 

FiiAi3&mtAttomeyGenenl 

MARYKELLER 

IkputyAttomeyGcnerdfi3rLitigation 

RENEAHKKs 

State Solicitor 

MADELEINE B. JOHNSON 

chtlir, opiion committee 

Prepadby MatyR Crouter 

krdrtrntAttomeyGeneml 

p. 1171