DAN MORALES

Al-TORNEY GENERAL 

## QBffice

oftip Bttornep Q&net-al 6btateofQexae May 28, 1993

Honorable Mike Driscoll Harris county Attorney 1001Preston Suite634 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 askifacorporate surety isentitled to castmultiple votes inthe election ofthe bailbondsmen’srepmentative 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, 53(a). The term “person” means “anindividual or corporation.” 

### Id.82(l). The general liwnsing requirements, for both individuals and corporations, are set forth in section 6. Seeid. 586,7(a). Section 7ofthe act sets forth the conditions under which acorporation 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. fj7(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 bailbond, first file inthe office ofthe county clerk ofthe 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

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biig obligation ofthe corporation. A sepmote license 

### is required for eachagent operating an&r a awpratepower ofattorney. 

### Id.Q7(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 at4 (noting that “theaut [doas not] limitthe number ofpersons who may he designated as agents by a wrporate surety”). In addition, it clearly mquires that each ofthese agents mustbe 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 ofthe 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?omthe board that an application hasbeen tentativaly apm an applicsnt must titmish sewrity. See V.T.C.S. art. 2372~3, Q6(r). While many of the application requitanentsuethesameforboshiadividualaadcorponterppliuUrythesewiry r@remutts for corporate applicants are ditTerent. 

### Id. 546(t). 7(a)(acorporatesurety 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. 06(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 allthe other kensing raquirements of section 6, and his or her apptication 

### mustbeseparatelyconsidered and approved bythe 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

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agents Accordingly, we conclude that the act impliedly authorizes the ward to issue multiple licenses to acorporate surety. To the extent any ofourprior opinions suggest to the wntrary, they are overruled.
You also ask ifa 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 

### othercountylicensees.” Id. 55(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 awrporate surety isentitled to cast only onevote.
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 isentitled to cast only one vote.

DAN MORALES Attorney General ofTexas

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WILL PRYOR FiiAi3&mtAttomeyGenenl
MARYKELLER IkputyAttomeyGcnerdfi3rLitigation
RENEAHKKs State Solicitor
MADELEINE B. JOHNSON chtlir, opiion committee Prepadby MatyR Crouter krdrtrntAttomeyGeneml

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