June 13, 1989 

Honorable Jack Skeen, Jr. Opinion No. JM-1057 

Criminal District Attorney 

for Smith County Re: Authority to regulate bail 

Smith County Courthouse bond companies in Smith County 

Tyler, Texas 75702 (RQ-1683) 

Dear Mr. Skeen: 

You first ask whether the county bail bond board or the 

sheriff's department has authority and control when there 

are disagreements as to when, where, how or to whom a bond 

shall be issued. In your second question, you ask whether 

the bail bond board or the sheriff's department has the 

regulatory authority over agents authorized by a bail 

bondsman to make bonds for the bondsman's company. In your 

third question you ask what, if any, authority or control 

the county bail bond board licensing the bondsman may have 

in collecting a bond given by the bondsman in another 

county. 

Section 14(a) of article 2372p-3, V.T.C.S., requires a 

sheriff to accept a bond under certain circumstances. 

Section 14(a) of article 2372p-3 provides: 

In any county or district case in which 

the posting of bond is required as a condition of release, the sheriff shall accept or 

approve a bond posted by a licensed bondsman 

only in accordance with this Act and the 

rules prescribed by the board, but a sheriff 

may not refuse to accept a bail bond from a 

licensed bondsman who meets the requirements 

of Subdivision (4) or (5) of Subsection (a) 

of Section 6 of this Act. 

Section 6(a)(4) requires the listing and description of 

nonexempt real estate owned by the bondsman applicant, 

statements from the taxing units relative to absence of tax 

liens, value of the property, an agreement by applicant that 

he will not further encumber the property after conveying it 

in trust to the board and other information relative to such 

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Honorable Jack Skeen, Jr. - Page 2 (JM-1057) 

property. Section 6(a) requires a statement of the amount 

of cash or value of a certificate of deposit or cashier's 

checks the applicant intends to place with the county 

treasurer to secure any obligations incurred by the 

applicant in the bonding business. 

Prior to the amendment of section 4 of 2372p-3 by 

Senate Bill 727, Acts 1981, 67th Leg., ch. 312, at 875, 

effective August 31, 1981, section 4 had granted the sheriff 

discretionary power to refuse to accept any bond if "in the 

exercise of his discretion, he is satisfied that the 

security is insufficient, any portion of the security has 

been feloniously obtained, or the provisions of this Act 

have been violated." See Minton v. Frank, 545 S.W.2d 442 

(Tex. 1976); Dexar Countv Bail Bond Bd. v. Deckard, 604 

S.W.2d 214 (Tex. Civ. App. - San Antonio 1980, no writ). 

The amendment by the 67th Legislature in 1981 removed this 

discretionary power from the sheriff.1 

Section 3 of article 2372p-3 provides that no person 

may act as a bondsman (in counties that have bail bond 

boards) except persons licensed under the act and persons 

licensed to practice law who meet certain specified reguirements of the act. 

Section 14(a) of article 2372p-3 restricts the 

sheriff's acceptance of bonds to those "posted by a licensed 

bondsman only in accordance with this Act and the rules 

prescribed by the board." 

In your second question you ask whether the board or 

the sheriff has regulatory authority over aaents authorized 

by a bail bondsman to make bonds for the bondsman's company. 

Attorney General Opinion MW-507 (1982) concluded that an 

individual licensee cannot appoint an agent to sign bonds on 

his behalf, and while a licensed corporate surety may have 

authorized agents to sign bonds in its behalf, the corporate 

surety must obtain a separate license for each individual 

who acts as the surety's agent by executing bail bonds. 

Attorney General Opinion JM-1012 (1989) stated that the 

rule-making power of the county bail bond board "is limited 

1. As amended section 4 of article 2372p-3 provides 

that all bondsmen must keep records of all bonds written 

which shall be subject to inspection by the county bail bond 

boards. Section 3 also details the information required to 

be kept by the bondsman. 

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Honorable Jack,Skeen, Jr. - Page 3 (JM-1057) 

to the making and setting of bail bonds in the county and 

the board is not authorized to impose qualifications upon 

the operation of a bondsman that are not enumerated by the 

statute." Any persons executing a bond must be licensed 

under article 237213-3 and, as a licensee, is subject to 

regulation by the board. However, the board's regulator3 

authority is limited to those powers enumerated in the act. 

In your third question you ask what authority or 

control, if any, the county bail bond board licensing the 

bondsman has in collecting on a bond given by such bondsman 

in another county. The license granted an applicant by the 

county bail bond board is to act as a bondsman in anv court 

of the countv. V.T.C.S. art. 2372p-3, § 6(a). Section 9(b) 

of article 2372p-3 authorizes the board, after notice and 

hearing, to suspend or revoke a license for a number of 

designated reasons, one of which is "failing to pay within 

30 days any final judgment rendered on any forfeited bond in 

any court of competent jurisdiction within the countv of the 

licensee. (Emphasis added.) Section 5(f)(l) of article 

237213-3 provides that the county bail bond board has the 

power and duty to "enforce this Act within the county." 

Rules promulgated by an administrative agency are valid if 

they are constitutional, within the granted power and 

adopted in accordance with proper procedure. See Land v. 

State, 581 S.W.2d 672 (Tex. Crim. App. 1979). The county 

bail bond board is not empowered by the act to grant a 

license to an applicant to act as a bondsman in another 

county nor does the board have any authority or control over 

the collection of a bond given in another county by such 

bondsman. 

SUMMARY 

The sheriff shall accept or approve a 

bond posted by a licensed bondsman only in 

accordance with article 237213-3, V.T.C.S., 

and the rules prescribed by the county bail 

bond board. The sheriff may not refuse to 

accept a bail bond from a licensed bondsman 

2. Attorney General Opinion JM-1012 concluded that the 

county bail bond board may not prohibit the employment by a 

licensed bail bondsman of persons (not authorized to sign 

bonds) who have been convicted of felonies and crimes of 

moral turpitude since the board was not granted this 

authority by the act. 

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Honorable Jack Skeen, Jr. - Page 4 (JM-1057) 

who meets the requirements of subdivision (4) 

or (5) of section 6(a) of that act. Any 

person executing a bond, individually or as 

an agent for a corporation, must be licensed 

under article 2372p-3, V.T.C.S. A licensee 

is subject to regulation by the board. The 

board's regulatory authority is limited to 

those powers enumerated in the act. The 

county bail bond board is not empowered by 

the act to grant a license to an applicant to 

act as a bondsman in another county nor does 

the board have any authority or control over 

the collection of a bond in another county. 

JIM MATTOX 

Attorney General of Texas 

NARY KELLER 

First Assistant Attorney General 

LOU MCCREARY 

Executive Assistant Attorney General 

JUDGE~ZOLLIE STEAKLKY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

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