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 inSmith County Tyler, Texas 75702 (RQ-1683)

Dear Mr. Skeen:

You first askwhether the county bail bond board or the sheriff's department has authority and control when there

are disagreements as towhen, where, how or towhom a bond shall be issued. Inyour 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 tomake bonds forthebondsman's company. In your third question you askwhat, if any, authority or control the county bail bond board licensing the bondsman may have incollecting 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 ordistrict case in which the posting ofbond isrequired as a condition of release, the sheriff shall accept or approve abond posted by a licensed bondsman only in accordance with this Act and the rulesprescribed by theboard, but a sheriff may not refuse to accept abail bond from a licensed bondsman whomeets the requirements of Subdivision (4)or (5)of Subsection (a) of Section 6ofthis 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 theproperty, an agreement by applicant that hewill not further encumber theproperty after conveying it intrust to theboard and other information relative to such

p. 5503Honorable Jack Skeen, Jr. -Page 2 (JM-1057)

property. Section 6(a) requires a statement of the amount of cash orvalue of a certificate ofdeposit or cashier's checks the applicant intends to place with the county treasurer to secure any obligations incurred by the applicant in thebonding business.

Prior to the amendment of section 4of 2372p-3 by Senate Bill 727,Acts 1981, 67th Leg., ch. 312, at 875, effective August 31, 1981, section 4had granted the sheriff discretionary power to refuse to accept anybond if "in the exercise of his discretion, he is satisfied that the security is insufficient, anyportion 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 3of article 2372p-3 provides that no person may act as a bondsman (incounties that have bail bond boards) except persons licensed under the act and persons licensed topractice lawwho meet certain specified reguirements of the act.

Section 14(a) of article 2372p-3 restricts the sheriff's acceptance ofbonds to those "posted by a licensed bondsman only inaccordance with this Act and the rules prescribed by theboard."

Inyour second question you ask whether theboard or the sheriff has regulatory authority over aaents authorized by abail bondsman tomake bonds for thebondsman's company. Attorney General Opinion MW-507 (1982)concluded that an individual licensee cannot appoint an agent to signbonds on his behalf, andwhile a licensed corporate surety may have authorized agents to signbonds in itsbehalf, 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 4of article 2372p-3 provides that allbondsmen must keep records of allbonds written which shall be subject to inspection by the county bail bond boards. Section 3also details the information required to be kept **by** the bondsman.

P. 5504Honorable Jack,Skeen, Jr. -Page 3 (JM-1057)

to themaking and setting ofbail bonds inthe county and theboard is not authorized to impose qualifications upon the operation of abondsman that are not enumerated by the statute." Any personsexecuting a bond must be licensed under article 237213-3and, as a licensee, is subject to regulation by the board. However, theboard's regulator3 authority is limited to those powers enumerated inthe act.

Inyour third question you ask what authority or control, ifany, the county bail bond board licensing the bondsman has incollecting on abond given by such bondsman inanother county. The license granted an applicant by the county bail bond board isto act as abondsman inanv court of the countv. V.T.C.S. art. 2372p-3, § 6(a). Section 9(b) of article 2372p-3 authorizes theboard, after notice and hearing, to suspend or revoke a license for anumber of designated reasons, one ofwhich is "failing topay within 30days 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 237213-3provides that the county bail bond board has the power and duty to "enforce this Actwithin the county." Rules promulgated by an administrative agency arevalid if they are constitutional, within the granted power and adopted inaccordance 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 theboard have any authority or control over the collection of abond given inanother 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 abail bond froma licensed bondsman

2. Attorney General Opinion JM-1012 concluded that the county bail bond board may notprohibit the employment by a licensed bail bondsman ofpersons (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.

P. 5505Honorable Jack Skeen, Jr. -Page 4 (JM-1057)

who meets the requirements of subdivision (4)

or (5) of section 6(a) ofthat act. Any person executing a bond, individually or as
an agent fora corporation, must be licensed under article 2372p-3, V.T.C.S. A licensee is subject to regulation by theboard. 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 togrant a license to an applicant to act as abondsman inanother county nor does theboard have any authority or control over the collection of abond inanother county.

JIM MATTOX Attorney General ofTexas

NARY KELLER First Assistant Attorney General

LOUMCCREARY Executive Assistant Attorney General

JUDGE~ZOLLIE STEAKLKY Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee

Prepared byTom G. Davis Assistant Attorney General

p. 5506