THE ATTORNEY GESERAI. 

OF TEXa-iS 

Honorable Mike Driscoll 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

Dear Mr. Driscoll: 

Opinion No. m-1277 

Re: What constitutes a @*bond" 

for purposes of article 179f, 

V.T.C.S., which regulates charitable raffles, and related 

questions (RQ-2108) 

Article 179f, V.T.C.S., provides for the conduct of 

raffles1 by certain charitable organizations. Article 179f 

was adopted in 1989; to be effective January 1, 1990. Acts 

1989, 71st Leg., ch. 957, 5 1, at 4022.2 

Section 3 of article 179f imposes various conditions on 

the conduct of raffles under the article. You ask about the 

scope of the language relating to the posting of bond in 

subsection (j) of section 3, which provides: 

A raffle is not authorized under this 

article unless the organization has in its 

possession or ownership the prize that is to 

be offered in the raffle or posts b& with 

1. Section 2(a)(8) of article 179f provides: 

'Raffle' means the awarding of one or more prizes 

by chance at a single occasion among a single pool or 

group of persons who have paid or promised a thing of 

value for a ticket that represents a chance to win a 

prize. 

2. The effectiveness of article 179f was contingent on 

the adoption of subsection (d) of section 47 of article 111 

of the Texas Constitution, authorizing the legislature to 

provide for certain charitable raffles. The amendment 

adding subsection (d) to article III, section 47, was 

approved by the voters on November 7, 1989. 

p. 6843 
Honorable Mike Driscoll - Page 2 (JM-1277) 

the county clerk of the county in which the 

raffle is to be held for the full amount of 

the money value of such a prize. (Emphasis 

added.) 

You note that article 179f does not define the term 

O1bondVO and ask first "what qualifies as a *bond"' for 

purposes of subsection (j), section 3. We can not here 

provide an all-inclusive definition of the term "bond" as it 

is used in subsection (j), where the legislature has not 

done so. In the brief you submitted with your request, you 

consider in connection with your first question only whether 

a bond issued by a surety company authorized to do business 

in this state would qualify as a l@bondV* under subsection 

(j). We will limit our response to your first question to 

that issue. 

You suggest that a bond executed by a surety company 

authorized to do business in this state, as provided for in 

article 7:19-l of the Insurance Code, would, if executed for 

"the full amount of the money value of [the] prize" in accordance with subsection (j), qualify as a bond under that 

subsection. We agree. Article 7.19-1 of the Insurance Code 

on its face provides that whenever any bond is required by 

law to be made, such bond may be executed by. a surety 

company duly qualified to do business in this state and that 

all public officers shall accept such bond as complying with 

the requirements of such laws. Thus a bond executed by a 

surety company authorized to do business in this state in 

the amount required by section 3(j) of article 179f would 

meet the requirement of a "bond" under that subsection. 

You next ask whether the county clerk must accept a 

"cash bond" under article 179f. You note that the existing 

statutes governing the county clerk's handling of cash sums 

to be held by the clerk would not apply to the clerk's 

handling of cash amounts deposited with the clerk in connection with the bond requirement of article 179f. M Local 

Gov't Code §§ 117.052 (clerk to place money deposited in 

court pending result of legal proceeding in depository trust 

fund account in name of clerk), 117.053 (any payment by 

clerk from trust fund account must be made under order of 

court in which funds were deposited). You argue that the 

absence of statutory provision for the county clerk's 

handling of a "cash bond" placed with the clerk under 

article 179f, section 3(j), indicates that the legislature 

did not contemplate that a clerk must accept a "cash bond" 

in satisfaction of the bond requirement of that provision. 

p. 6844 
, Honorable Mike Driscoll - Page 3 (JM-1277) 

The term OObondO1 ordinarily refers to an "obligatory 

instrument in writing." m 10 Tex. Jur. 3d 

yndertakinas § 1, and authorities cited therein. 

w 

merous statutory bond requirements, the legislature has 

specified that cash bonds are acceptable. See. e.a 

V.T.C.S. art. 179d, 5 13a(b)(manufacturer of bingo equipmen; 

must give Alcoholic Beverage Commission 'cash bond" or bond 

issued by surety company): Tax Code 5 151.253 (security for 

sales tax permit application may be %ash bond" or bond from 

surety company): Eft Attorney General Opinion JM-215 (1984) 

(Department of Highways and Public Transportation could not 

place limits on type of bond acceptable under article 

6686(a)(7), V.T.C.S., 

vehicle dealers).3 

which sets bond requirements for motor 

We think that if the legislature had intended the term 

*'bond" as used in article 179f to include a "cash bond," it 

would have given a clearer indication of such intent than 

we find in the sparse language of section 3(j), particularly 

as there are no statutory procedures for the county clerk's 

handling of the cash involved. If the county clerk, whose 

duties are ministerial in nature,4 had been intended to 

accept and handle cash bonds.under article 179f, we think 

the legislature would have established procedures for his 

doing so. As a practical matter, if an article 179f 

organization had the monetary value of the prize available 

in cash, it would not ordinarily need to post a bond -- it 

could simply acquire the prize with such money. In response 

to your second,guestion, it is our opinion that the county 

clerk may not accept a "cash bond" in satisfaction of the 

bond requirement of section 3(j) of article 179f. 

you ask next what the term "postn bond in section 3(j) 

means. Webster's defines the term "postU when used with the 

word "bond" to mean "to furnish . . . to the proper authority." Webster#s Third New Int'l Dictionarv 1771 f4th ed. 

1976). We think the requirement 

3(j) is met when an acceptable 

of nposginglQ in‘ section 

bond is furnished, or 

3. The bond requirement in 

_ . _ 

article 6686(a)(7) was 

removed at tne next leglslacive session. Acts 1985, 69th 

Leg., ch. 465, 5 5, at 1635. 

4. See. e.a, 

District Law 0 10.6 ixxti Pr%~ 

county and Svecial 

1989) and authorities 

cited therein. 

p. 6845 
’ . 

Honorable Mike Driscoll - Page 4 (JM-1277) 

delivered, to the county clerk. See also 10 Tex. Jur. 3d 

Undertakinqg 5 9 (bond must be "delivered" to be 

effective). 

You ask last whether the county clerk must record such 

bond, and, if so, in what county record the bond would be 

filed. 

The only provision we find that might arguably 

authorize the recording of an article 179f raffle bond is 

section 12.001(a) of the Property Code, which provides: 

An instrument concerning real or personal 

property may be recorded if it has been acknowledged, sworn to with a proper jurat, or 

proved according to law. 

The ordinary meaning of the term 80instrument18 is quite 

broad. Black's defines 80instrument11 as *Ia formal or legal 

document in writing, such as a contract, deed, will, bond, 

or lease." Black's Law Dictionary 719 (5th ed. 1979). But 

even if an article 179f bond might be an 01instrument,81 as 

that term is used in section 12.001(a), we do not think it 

would be one 'concerning real or personal property" within 

the meaning of that provision. Such bond is required under 

section 3(j) of article 179f only when the organization 

conducting the raffle does not have the prize in its possession. Therefore such bond would not ordinarily Voncernq' 

specific, identified property of the sort which we think a 

section 12.001(a) instrument was intended to relate to. See 

(former V.T.C.S. art. 6626(a)(provision codified without 

substantive change as section 12.001(a) of the Property 

Code, which enumerated as instruments subject to recording 

"deeds, mortgages, conveyances, deeds of trust, bonds for 

title, covenants, defeasances," etc.). 

In response to your last question, it is our opinion 

that the county clerk is not required to record an article 

179f raffle bond. 

SUMMARY 

A bond issued by a surety company authorized to do business in Texas under Insurance 

Code article 7.19-1, if executed for the full 

amount of the money value of the raffle 

prize, would satisfy the bond requirement of 

section 3(j) of article 179f, which relates 

to charitable raffles. 

Pm 6846 
I Honorable Mike Driscoll - Page 5 (JM-1277) 

The county clerk may not accept a "cash 

bond" in fulfillment of the bond requirement 

of subsection (j). 

The requirement in subsection (j) that an 

organization "post" bond is met when an 

acceptable bond is furnished or delivered to 

the county clerk. 

The county clerk is not required to record 

an article 179f bond. 

Very truly y s, J-b . 

JIM MATTOX 

Attorney General of Texas 

MARYKELLER 

First Assistant Attorney General 

mu MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by William Walker 

Assistant Attorney General 

p. 6847