THE AITORNEY GENERAL OF TEXAS AUS-X'IX11. TEW
WILL WILSOS A-XTORNEX- GEXEIIAL July 21, 1960
HonorableTomBlackwell opinionno. ww-889 County Attorney Austin,Texas Re: Can a surety be~boundon bail bond where the surety~s name was not signed In person but was ~slgnedby a professional bondsmenactingunder a valid power of attorney specifically .autho~izingthesigningof Dear Mr. Blackwell: suretybonds?
You have asked the followingquestions:
"(1) Can a suretybe bound on bail bond where the surety'sname was not signed in person but was signedby a professionalbondsmenacting under a valid power of attorney specificallyauthorizingthe signingof suretybonds.
"(2) Should the Sheriffaccept a misdemeanorbond from a professionalbondsmenwho has become disqualifiedunder the provisionsof Art. 277, C.C.P.,who desiresto sign the name of a wealthy residentof the countyunder a power of attorney specificallyauthorizingthe signingof surety bonds."
Article 273, Texas Code of CriminalProcedurereads in part as follows:
"A bail bond shall be sufficientif it containsthe followingrequisites: ... 4. That the bond be signedby name or mark by the principaland sureties. ...1,
In Walker v. State, log Tex. Cr. R. 618, 6S.W.2d 356 (1928) the Court of CriminalAppeals consideredthe statutoryprovisionsrelativeto the executionof bail bonds and reachedthe conclusionthat they requiredthat the signatureor mark of the principalbe made in person. Ex parte Meadows, I.29Tex. Cr. R. 297, 87 S.W.2d 254 (1935)extendedthis rulingand held that where the names of the suretieson a bail bond were sigendby the attorney in fact for said sureties,who was duly authorizedin writing to executebail bonds generally,there was no HonorableTom Blackwell,Page 2 (WW-889)
compliancewith Art. 273 $4 of the Texas Code of CriminalProcedure. Non compliancemakes the bond void and of no effect.
In Wilkinsv. State, 130 Tex. Cr. R. 36, 91 S.W. 2d 354 (1936),the court held that where an attorney in fact signedthe appealbond insteadof the surety in person,the bond was defectiveand therefore,the Court of CriminalAppealshad no jurisdiction.
In view of the above cases, the answer to both your questionsare answered in the negative.
This opiniondeals with individualsactionas bondsmenand is not intendedto affirm or deny the power of corporations to executebail bmds as suretiesIn accordancewith statutesof this State.
SUMMARY
1. A suretycannotbe bound on a bail bond where the surety'sname was not signed in personbut was signedby a professionalbondsmenacting under a power of attorneyspecificallyauthorizingthe signingof suretybonds.
2. The Sheriffshouldnot accept a misdemeanorbond from a professional bondsmenwho has become disqualifiedunder the provisionsof Art. 277, C.C.P. who desiresto sign the name of a wealthyresidentof the county under a power of attorney specificallyauthorizingthe signingof suretybonds.
Yours very truly,
WILL WILSON ATTORNEXGHNNRALOFTNNAS
Cecil Cammack,Jr. Assistant
CC: ca
APPROVED
OPIElION COMMITTEE:
W. V. Geppert,Chairman Tom I. McFarling Phocion Park Bob Walls
RRVINWND FOR THE ATTORNEYGENERAL By: LeonardPassmore