The Attorney General of Texas 

April 9, 1986 

JIM MAlTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12546 

A”!dl”, TX. 7671% 2546 

5121475.2501 

Telex 910/674-1367 

Telecopier 512l475-0266 

714 Jackson. Suite 700 

Dallas, TX. 752024506 

214/742-6944 

4624 Alberta Ave., Suite 160 

El Paso. TX. 793052793 

9151533.3464 

1 Texas. Suite 700 

i-mus,on, TX. 77002-3111 

7131223.5666 

806 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

6OW747.5238 

4309 N. Tenth. Suite S 

McAllen, TX. 76501.1665 

5121662.4547 

2M) Main Plaza, Suite 400 

San Antonio. TX. 76205.2797 

512n25.4191 

An Equal OpportunitYI 

Affirmative Action Employer 

Honorable Henry Wade 

District Attorney 

Government Center 

Dallas, Texas 75:!02 

Opinion No.JM-471 

Re: Whether a corporate surety way substltute an agent's name on a license 

without fulfilling the requirement of a 

new application for licensing 

Dear Mr. Wade: 

The statute ,v'hich governs the licer~sing of bail bondsmen in 

certain counties, article 2372p-3, V.T.C.S., requires a corporate 

surety to designate a named agent of the corporation to execute bail 

bonds on behalf of the licensed corporate surety. A separate license, 

which Is valid for :24 months, is required for each agent. You inform 

us that a corporate surety licensed by the Dallas County Bail Bond 

Board desires to replace one of its designated agents with a new 

agent, one not yet licensed. You wish to know whether the Dallas 

County Ball Bond Board may permit the newly designated agent's name to 

be substituted for that of the previously designated agent for the 

portion of the 24-month period remaining on the previously designated 

agent's license. Me answer your question in the negative. 

Subsection (,::I of section 7 of' article 2372p-3, V.T.C.S.. 

governing a corpor,%tion acting as a surety, provides the following: 

Any corporation which acts as 8 surety shall, 

before errcuring any bail bond, first file in the 

office c,f the county clerk of the county where 

such bat:1 bond is given a power of attorney 

designatLng and authorizing the named agent of 

such corporation to execute such ball bonds by 

such agc!nt. This power of attorney shall be a 

valid and binding obligation of the corporation. 

A separ&e license is required for each agent 

operating under a corporation power of attornay. 

(Emphasis added). 

Subsection (a) of section 8 governing the expiration and renewal 

of a license provides in part: 

p. 2153 
Bonorable Aenry Wade - Page 2 (JM-471) 

A license issued under this Act expires 24 

months after the aate of its issuance and may not 

be renewed unless; an application for renews1 is 

filed with the board at least 30 days before 

expiration. The application for renewal shall 

have the same fo:al and content as an application 

for an original license under this Act. The 

application for renewal shall be accompanied by a 

renewal fee of $530 

Section 6 of the act governing application and issuance of a 

license sets forth very detailed and specific information disclosure 

requirements and provides the following in pertinent part: 

Sec. 6. (a) Any person desiring to act as a 

bondsman in any court of the county shall file 

with the County Bail Bond Board a swor* 

application for 21 license. The application shall 

be in such form aad shall contain such information 

as the board 'may prescribe including the 

following: 

(1) The narn(!) age, and address of the 

applicant, and if the applicant is a surety 

corporation, and whether chartered or admitted to 

do business in this state and qualified to write 

fidelity, guaranty, and surety bonds under the 

Texas Insurance Code, as amended; 

(2) The name under which the business shall be 

conducted; 

(3) The name of the place or places, including 

street address aid city, wherein the business is 

to be conducted; 

(4) A statesent listing any nonexempt real 

estate owned by the applicant that the applicant 

intends to convey in trust to the board to secure 

payment of any obligations incurred by the 

applicant in the bonding business if the license 

is granted. The following shall be included for 

each parcel llstcd: 

[Specific requfrements] 

(5) A statement indicating the amount of cash 

or cash value of any certificate of deposit or 

cashier's checks which the applicant intends to 

, 

p. 2154 
Eonorable Eenry Wade - Page, 3 (JM-471) 

place on deposit with the county treasurer to 

secure payment o:E any obligations incurred by the 

applicant in the,bonding business if the license 

is granted; 

(6) A complete, sworn financial statement: 

(7) A declaration by the applicant that he 

till comply with this Act and the rules prescribed 

by the board. 

(b) The application of an individual for a 

license under t'xts Act shall be accompanied by 

letters of reccmmendatlon from three reputable 

persons who have 'known the applicant for a period 

of at least thr(!e years. If the applicant is a 

corporation, the letters shall be required for the 

person to be ir..charge of its business in the 

county. . . . 

(c) The application shall be accompanied by a 

fee of $500 fl,r the filing of any original 

application, a photograph of the applicant. and a 

set of fingerprints of the applicant taken by a 

law enforcement ,xFficer designated by the board. 

. . . . 

(e) A hearins shall be held on the application 

after the board conducts the inquiries required by 

Subsection (d) of this section. . . . 

And finally, subsection 9(a) of the act govetilng refusal to 

grant, suspension, and rlrlocation of licenses provides that "[alo 

license may be issued to any person who has not complied with the 

requirements of this [a]ct for applying for an original or renewal 

license." 

The act simply does not authorize the board to permit the sort of 

substitution about which you inquire. Article 2372p-3, V.T.C.S., was 

enacted for the purpose oE licensing and regulating bail bondsmen in 

certain counrtes. Pursu;int to that end. the statute created at 

section 5(a) county bail bond boards in such counties and conferred 

upon them certain powers. See generally Bexar County Bail Bond Board 

v. Dcckard, 604 S.W.2d 214, 216 (Tex. Civ. App. - San Antonio 1980, no 

writ) ; Attorney General Opinions JM-251 (1984); IN-507 (1982). 

Generally, the powers of sn administrative agency arc derived entirely 

from legislative enactment. Corzelius v. Railroad Commission, 182 

S.W.2d 412, 415 (Tex. Civ. App. - Austin 1944, no writ). An agency 

p. 2155 
Plonorable Eenry Wade - Page 34 (JM-471) 

hnn .--- nnlv - - -, anrh __-_. anwcta =__. -__ aa -- me . expressly conferred on it by stature, 

Stauffe; v. City of San Antonio, 344 S.W.2d 158, 160 (Tax. 1961). -- 

together with those powers uecessarily implied from powers and duties 

expressly given' or lmpos~cd. City of Sherman v. Public Utility 

Commission of Texas, 643 S.W.2d 681, 686 (Tex. 1983). 

There is no provision in the act which limits the length of time 

a licensee may serve as a corporate agent; no re-application for 

designation as agent is required. Nor does the act limit the number 

of persons who may be designated as agents by a corporate surety. 

Subsection 7(c) requires only that any person designated as an agent 

be also a licensee. The itc:t, though, limits the length of time for 

which a license may be vrtlid, specifically providing in subsection 

8(a) that a license will errpire 24 months from its date of Issuance. 

There is no provision in tie act which expressly or impliedly permits 

the substitution on a licer;sc of one person's name for another. 

An applicant for lice~asing or renewal is required to provide 

detailed information about the applicant's financial status, letters 

of recommendation, and a set of fingerprints. Sec. 6. The required 

Information is used to dezermine whether the applicant is qualified 

for licensing. The licensing procedure includes a hearing in which 

the applicant participates. In view of the detailed scrutiny of the 

applicant's personal qualifications for licensing which article 

2372p-3 requires, it is clear that the legislature did not Intend that 

the county bail bond board could substitute the name of an unlicensed 

person on a license previously issued to another person. Accordingly, 

we answer your question in the negative. 

SUMMARY 

Under article 2372p-3, V.T.C.S., a county bail 

bond board may not substitute the name of one 

person not yet lztcensed for that of another person 

already licensed. 

JIM WATTOX 

Attorney General of Texas 

JACX EIGRTOWRR 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

p. 2156 
i 

Honorable Eenry Wade - Page Ii (JM-471) 

ROBERT GRAY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Jim Moellinger 

Assistant Attorney General 

p. 2157