, 

P 

THE ATTORSET GENERAL 

OF TEXAS 

bfxch 23, 1988 

Honorable Fred G. Rodriguez Opinion No. JM- 875 

Criminal District Attorney 

200 Main Plaza, Suite 406 Re: Whether a bail bondsSan Antonio, Texas 78205 man's security deposit 

under article 2372p, 

V.T.C.S., may be accepted 

in the form of combination of cash and property 

(RQ-1336) 

Dear Mr. Rodriguez: 

you ask whether the Bexar County Bail Bond Board may 

accept from a bondsman applicant a combination of cash and 

property to meet the required $50,000 security deposit 

required by article 237213-3, V.T.C.S. 

Section 6(f) of article 2372~3-3 provides in part: 

(f) Upon notice from the [county bail 

bond] board that the application has been 

tentatively approved, the applicant shall 

then: 

(1) deposit with the county treasurer of 

the county in which the license is to be 

issued a cashier's check, certificate of 

deposit, cash, or cash equivalent in the 

amount indicated by the applicant under Subdivision (5) of Subsection (a) of Section 6 

of this Act but in no event less than 

$50,000 except in counties with populations 

of less than 250,000 persons by the most 

recent federal census, the amount for 

applicants in said counties shall be $10,000 

to be held in a special fund to be called 

the bail security fund; or 

(2) execute in trust to the board deeds 

to the property listed by the applicant 

under Subdivision (4) of Subsection (a) of 

Section 6 of this Act, which property shall 

be valued in the amount indicated on an 

p. 4265 
Honorable Fred G. Rodriguez - Page 2 04-875) 

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appraisal by a member of the Society of Real 

Estate Appraisers or a Member of Appraisal 

Institute of the county in which it is 

located, but in no event less than $50,000 

valuation, except in counties with populations of less than 250,000 persons by the 

most recent federal census, the amount for 

applicants in said counties shall be 

$10,000, the condition of the trust being 

that the property may be sold to satisfy any 

final judgment forfeitures that may be made 

in bonds on which the licensee is surety 

after such notice and upon such conditions 

as are required by the Code of Criminal 

Procedure, 1965, amended * 

forfeiture cases: thzs board shLl1 %e 

bond 

the 

deeds of trust in the records of each county 

in which the property is located, and the 

applicant shall pay the filing fees. 

(Emphasis added.) 

You state that your question has been prompted by the 

submission by an applicant of a certificate of deposit for 

$20,000 and non-exempt property, valued at $30,000.00, to 

meet the $50,000 security deposit requirement. We understand your question to be whether an applicant must meet 

the security deposit requirement by complying with either 

subsection f(1) or subsection f(2) or whether an applicant 

may rely on a combination of the type of security identified in subsection f(1) and the type of security identified in subsection f(2) to meet the $50,000 requirement. 

Section 5(f) of article 2372p-3 delineates the 

authority of the county bail bond board as follows: 

(1) To exercise any powers incidental or 

necessary to the administration of this Act, 

to supervise and regulate all phases of the 

bonding business and enforce this Act within 

the county, and to prescribe and post any 

rules necessary to implement this Act: 

(2) To conduct hearings and investigations and make determinations respecting the 

issuance, refusal, suspension, or revocation 

of licenses to bondsmen within the provisions of this Act and to issue licenses to 

those applicants who do not qualify, and to 

suspend or revoke the licenses of licensees 

who commit violations under this Act or the 

p. 4266 
Honorable Fred G. Rodriguez - Page 3 (JR-875) 

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rules prescribed by the board under this 

A&[.] 

In Bexar Countv Bail Bond Board v. Deckard, 604 

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

the rule-making authority of a county bail bond board was 

in issue. In Deckard, the court stated: 

The rule-making power delegated to the 

board under the statute is merely the power to 

make rules relating to the making and setting 

of bail bonds in the county. There is no 

language granting power to make rules relating 

to the qualifications which must be met by 

applicants for licenses. A reasonable interpretation of the statutory language supports 

the conclusion that no such power may be 

implied. . . . [The statute1 desianates the 

persons to whom licenses are to be issued, 

and the desianation is in terms of oersons 

who ou 1 fv under the terms of the statute. 

(Emphazii added.) 

604 S.W.2d at 217. 

An agency may not by its own rules extend or add to 

the powers listed in the statute. Attorney General 

Opinion 374-251 (1984). 

We think that section 6(f) defines a board's 

authority to accept deeds of property in trust to meet the 

security deposit requirement. An applicant desiring to 

act as a bondsman in Bexar County may execute a deed to 

property to satisfy the security deposit requirement, but 

in no event may the property be valued at less than 

$50,000. Therefore, we do not think that the board has 

authority to accept a deed to property valued at less than 

$50,000. 

Also, the word "or-" in ordinary and natural use has a 

disjunctive meaning. Burnett v. State, 514 S.W.2d 939, 

940 (Tex. Crim. App. - 1974). 

Black's Law Dictionary defines the word gror~t as 

follows: 

A disjunctive particle used to express an 

alternative or to give a choice of one among 

two or more things. It is also used to 

clarify what has already been said, and 

in such cases, means 'in other words,' 'to 

p. 4267 
Honorable Fred G. Rodriguez - Page 4 (m-875) 

, wit,' or 'that is to say.' The word 'or' is 

to be used as a function word to indicate an 

alternative between different or unlike 

things. Citv of Toledo v. Lucas County 

Budaet Commission, 33 Ohio St.2d 62, 294 

N.E.2d 661, 663. In some usages, the word 

'01' creates a multiple rather than an 

alternative obligation: where necessary in 

interpreting an instrument, 'or' may be construed to mean 'and.' Atchison v. Citv of 

Enalewood. Colo., 568 P.2d 13, 18. 

Black#s Law Dictionary 987 (5th ed. 1979). 

In Weir v. Bauer, 286 P. 936 (Utah 1930) the Utah 

Supreme Court, in addressing the meaning of the word 'or' 

in a statute, stated: 

But the word 'and' can never be substituted 

for 'or' in a statute when the meaning of 

the language used in the statute is clear 

and there is nothing in it to call for the 

substitution. 

286 P. at 945. 

Therefore, we read section 6(f) as permitting a 

bondsman in Bexar County to satisfy the security deposit 

requirement by executing a deed to real property only in 

accordance with the specific terms of section 6(f)(2). 

Thus, the Bexar County Bail Bond Board may not accept from 

a bondsman applicant a combination of cash and real 

property to meet the required $50,000 security deposit 

required by article 2372p-3, V.T.C.S. 

SUMMARY 

The Bexar County Bail Bond Board may not 

accept from a bondsman applicant a certificate of deposit for $20,000 and a deed to 

real property valued at $30,000 to meet the 

$50,000 security deposit requirement under 

article 2372p-3, V.T.C.S. 

Very truly yo , L-l-h . 

JIM MATTOX 

Attorney General of Texas 

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Honorable Fred G. Rodriguez - Page 5 (JM-875) 

h 

MARY KELLER 

First Assistant Attorney General 

LOU MCCRFARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

p. 4269