RNLCY GENERAL. 

XAS 

September 24, 1963 

Honorable W. C. Lindsey 

Criminal District Attorney 

Opinion NO. C- 146 

Jefferson County 

Beaumont, Texas 

Re: 

Dear Mr. Lindsey: 

The questions submitted In 

10, 1963, are as follows: 

Whether a married woman 

may' legally be a surety 

on the various types of 

bonds used by the Sheriff's 

Department and related 

question. 

your letter of September 

been 

"Whether or not a married woman may 

legally be a surety on the various types 

of bonds used by the Sheriff's Department? 

If so, may her exempt separate property and/or 

community property be levied on in the event 

of a forfeiture?" 

Article 4624 of Vernon's Civil Statutes has recently 

amended by the 58th Legislature to read as follows: 

"Upon the trial of any suit based upon 

a contract of the wife, the court shall decree that judgment may be levied upon her 

separate'property, upon revenues from her 

separate property, or upon her personal 

earnings, . . .' 

Article 4626 of Vernon's Civil Statutes has been 

amended to read: 

"A married woman shall have the same 

powers and capacity as if she were a feme 

sole, in her own name, to contract and be 

contracted with, sue and be sued, and all 

her separate property, her personal earnings 

and the revenues from her separate estate 

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Honorable W. C. Lindsey, page 2 (C- 146 ) 

which is not exempt from execution under 

the laws of Texas shall thereafter be subject to her debts and be liable therefor, 

and her contracts and obligations shall be 

binding on her." (Emphasis added) 

Article 4621 of Vernon's Civil Statutes has been 

amended to read as follows: 

"The community property of the husband 

and wife,, other than the personal earnings 

of the wife and the revenues from her separate property, shall not be liable for debts 

or damages resulting from contracts of the 

wife, except for necessities furnished herself and children, unless the husband joins 

in the execution of the contract;.provided 

that her rights with reference to the community property on permanent abandonment 

by the husband shall not be affected by this 

provision." 

A bond is defined in Texas Jurisprudence Second 

"an obligatory Instrument in wrlting.whereby one binds 

%&self to pay a sum of money or to do some other act. Any 

Instrument In writing that legally binds a person to do a 

certain thing may be called a bond; In this sense the term 

implies nothing more than a contra~ct." 9Tex.Jur.2d 420, 

Bonds, Sec. 1. Article 4626, quoted abov~e, clearly gives a 

married woman the power to contract in her own name. That 

Article also makes a married woman's separate property, personal earnings, and non-exempt revenues from her separate 

estate liable for her debts. particle 4624, quoted above, makes 

the separate property, personal ea~rnlngs, and revenues from 

her separate property subject to execution to satisfy her debts. 

Under Article 4621, quoted above, the community property other 

than the personal earnings of the wife and the revenues from 

her. separate property, would not be liable for the contracts 

of the wife without the joinder of the husband, except for 

necessities furnished herself and children. 

It is the opinion of this office that a bond is 

a contract within the purview of Article 4626 and that a married woman may legally be a surety on the various types of 

bonds used by the SherIffIs Department.without the joinder of 

her husband. However, such a bond would bind only the separate property, personal earnings, and non-exempt revenue 

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Honorable W. C. Lindsey, page 3 (C- 146 ) 

from the separate estate of the married woman. A bond 

entered into by the wife alone could not bind the community 

property, other than the personal earnings of the wife and 

the revenues from her separate property. 

SUMMARY 

A married woman may legally be a surety 

on the various types of bonds used by the 

Sheriff's Department. A married woman may 

bind her separate property on such a bond 

but she may not bind the community property 

other than the personal earnings of the wife 

and the revenues from her separate property 

without the joinder of her husband. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

Jack G. Norwood 

Assistant 

JGN:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Corbin Lee Snow, Jr. 

Paul Robertson 

Jerry Brock 

Gordon Appleman 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone, 

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