In Texas, who controls bail bonds in a county, the sheriff or the county bail bond board, and how far does the board's power reach?

Texas AG Opinion JM-1057: Who Regulates Bail Bonds, the Sheriff or the County Board?

Plain-English summary

In a Texas county that has a bail bond board, two different offices touch the bail bond business, and it is easy to lose track of who is actually in charge of what. The Smith County Criminal District Attorney put the question directly to the Attorney General in three parts: when there is a disagreement about issuing a bond, does the sheriff or the bail bond board have the final say; who regulates the agents a bondsman uses to write bonds; and what power does the licensing county's board have over a bond a bondsman writes in some other county.

On the first question, the answer is that the sheriff's role is mostly ministerial. Under section 14(a) of the bail bond statute, article 2372p-3, the sheriff accepts or approves a bond from a licensed bondsman only in accordance with the Act and the rules the board prescribes. More importantly, the same section says the sheriff may not refuse a bail bond from a licensed bondsman who meets the collateral requirements of section 6(a)(4) or (5), the provisions about pledged real estate and cash or cash-equivalent deposits. This was a real change in the law. Before 1981, section 4 gave the sheriff discretion to turn down any bond if he was satisfied the security was insufficient, part of it had been feloniously obtained, or the Act had been violated, a discretion the courts had recognized. A 1981 amendment took that discretionary power away from the sheriff. So the modern picture is that the board writes the rules and licenses the bondsmen, and the sheriff must accept bonds from qualifying licensed bondsmen rather than second-guessing them.

On the second question, about agents, the key point is that writing a bond is a licensed activity, full stop. A prior opinion had held that an individual licensee cannot appoint an agent to sign bonds for him, and that although a licensed corporate surety may use authorized agents, the corporation has to get a separate license for each individual who actually executes bonds as its agent. So any person who signs a bond, on his own account or as a corporation's agent, must be licensed under article 2372p-3, and being a licensee makes that person subject to the board's regulation. But the board's regulatory power is not open-ended. As the AG had recently explained, the board's rule-making authority is limited to the making and setting of bail bonds in the county, and the board cannot impose qualifications on a bondsman that the statute does not list. The board regulates licensees, but only with the powers the Legislature gave it.

On the third question, the board's authority stops at the county line. The license the board grants lets a person act as a bondsman in any court of that county, not beyond it. The board can suspend or revoke a license, after notice and a hearing, for listed reasons, including failing to pay within 30 days a final judgment on a forfeited bond in any court within the county of the licensee. It has the power and duty to enforce the Act within the county. What it cannot do is license someone to act as a bondsman in a different county, and it has no authority or control over collecting a bond the bondsman wrote in another county. Each county's board runs its own county.

Currency note

This opinion was issued in 1989. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The bail bond law analyzed here, V.T.C.S. article 2372p-3, has since been recodified into the Texas Occupations Code, and its provisions on sheriffs, licensing, agents, and county bail bond boards have been amended over the years. Anyone dealing with a present-day bail bond licensing or acceptance dispute should work from the current Occupations Code bail bond provisions and current case law rather than the 1989 article and section numbers used here.

Who this opinion affected (as of 1989)

Sheriffs and their departments: The opinion confirmed the sheriff's narrowed role. He must accept bonds from licensed bondsmen who meet the statutory collateral requirements and no longer holds the pre-1981 discretion to reject bonds he considered insufficient.

County bail bond boards: The opinion marked the outer edge of their power. They license and regulate bondsmen and enforce the Act within the county, but only with the powers the statute enumerates, and only inside their own county.

Bail bondsmen and their agents: The opinion told them that anyone signing bonds must be individually licensed, that a corporation needs a separate license for each signing agent, and that a license is good only in the courts of the county that issued it.

Common questions

Can a Texas sheriff refuse a bond from a licensed bondsman?
Generally no. Under section 14(a) of article 2372p-3, the sheriff may not refuse a bail bond from a licensed bondsman who meets the collateral requirements of section 6(a)(4) or (5), and a 1981 amendment removed the sheriff's former discretion to reject bonds he found insufficient.

Who sets the rules for bail bonds in a county?
The county bail bond board prescribes the rules and licenses bondsmen, but its regulatory and rule-making authority is limited to the powers enumerated in the statute. It cannot add qualifications the Legislature did not include.

Does a bondsman's agent need a license?
Yes. Any person who executes a bond, whether individually or as an agent for a corporation, must be licensed under article 2372p-3. A corporate surety must obtain a separate license for each individual who signs bonds on its behalf.

Does a county board control bonds written in other counties?
No. A license authorizes a bondsman to act only in the courts of the licensing county. The board cannot license a person to act as a bondsman in another county and has no authority or control over collecting a bond given in another county.

Background and statutory framework

The Smith County Criminal District Attorney asked whether the county bail bond board or the sheriff's department has authority when there are disagreements about when, where, how, or to whom a bond shall be issued; whether the board or the sheriff has regulatory authority over agents authorized by a bondsman; and what authority the licensing county's board has over collecting a bond given by the bondsman in another county.

On the first question, section 14(a) of article 2372p-3 requires the sheriff to accept or approve a bond posted by a licensed bondsman only in accordance with the Act and the rules prescribed by the board, but provides that a sheriff may not refuse to accept a bail bond from a licensed bondsman who meets the requirements of subdivision (4) or (5) of subsection (a) of section 6. Section 6(a)(4) requires the listing and description of nonexempt real estate owned by the applicant, statements from taxing units on the absence of tax liens, the value of the property, and an agreement not to further encumber it after conveying it in trust to the board. Section 6(a) also requires a statement of the amount of cash, or value of a certificate of deposit or cashier's checks, that the applicant intends to place with the county treasurer to secure obligations incurred in the bonding business. Before section 4 was amended by Senate Bill 727, Acts 1981, 67th Leg., ch. 312, at 875, effective August 31, 1981, section 4 had given the sheriff discretionary power to refuse to accept any bond if, in the exercise of his discretion, he was satisfied that the security was insufficient, any portion of it had been feloniously obtained, or the Act had been violated. See Minton v. Frank, 545 S.W.2d 442 (Tex. 1976); Bexar County Bail Bond Board v. Deckard, 604 S.W.2d 214 (Tex. Civ. App. - San Antonio 1980, no writ). The 1981 amendment removed that discretionary power from the sheriff. Section 3 provides that no person may act as a bondsman, in counties with bail bond boards, except persons licensed under the Act and licensed attorneys who meet certain requirements, and section 14(a) restricts the sheriff's acceptance of bonds to those posted by a licensed bondsman in accordance with the Act and the board's rules.

On the second question, Attorney General Opinion MW-507 (1982) concluded that an individual licensee cannot appoint an agent to sign bonds on his behalf, and that while a licensed corporate surety may have authorized agents to sign bonds in its behalf, the corporate surety must obtain a separate license for each individual who acts as its agent by executing bail bonds. Attorney General Opinion JM-1012 (1989) stated that the board's rule-making power "is limited to the making and setting of bail bonds in the county and the board is not authorized to impose qualifications upon the operation of a bondsman that are not enumerated by the statute." Any person executing a bond must be licensed under article 2372p-3 and, as a licensee, is subject to regulation by the board, but the board's regulatory authority is limited to the powers enumerated in the Act.

On the third question, the license granted by the county bail bond board is to act as a bondsman in any court of the county. V.T.C.S. art. 2372p-3, § 6(a). Section 9(b) authorizes the board, after notice and hearing, to suspend or revoke a license for designated reasons, one of which is failing to pay within 30 days any final judgment rendered on a forfeited bond in any court of competent jurisdiction within the county of the licensee. Section 5(f)(1) gives the board the power and duty to enforce the Act within the county. Rules promulgated by an administrative agency are valid if they are constitutional, within the granted power, and adopted in accordance with proper procedure. See Land v. State, 581 S.W.2d 672 (Tex. Crim. App. 1979). The board is not empowered by the Act to grant a license to act as a bondsman in another county, nor does it have authority or control over the collection of a bond given in another county.

Citations

Statutory authority:

• V.T.C.S. art. 2372p-3 (county bail bond act), §§ 3, 4, 5(f)(1), 6, 6(a), 6(a)(4), 6(a)(5), 9(b), 14(a)
• Senate Bill 727, Acts 1981, 67th Leg., ch. 312, at 875 (1981 amendment removing sheriff's discretion)

Cases cited:

• Minton v. Frank, 545 S.W.2d 442 (Tex. 1976)
• Bexar County Bail Bond Board v. Deckard, 604 S.W.2d 214 (Tex. Civ. App. - San Antonio 1980, no writ)
• Land v. State, 581 S.W.2d 672 (Tex. Crim. App. 1979)

Attorney General materials referenced:

• MW-507 (1982); JM-1012 (1989)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-1057
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1989/jm1057.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor OCR errors may remain; the linked PDF is authoritative.

June 13, 1989

Honorable Jack Skeen, Jr.
Criminal District Attorney for Smith County
Smith County Courthouse
Tyler, Texas 75702

Opinion No. JM-1057

Re: Authority to regulate bail bond companies in Smith County (RQ-1683)

Dear Mr. Skeen:

You first ask whether the county bail bond board or the sheriff's department has authority and control when there are disagreements as to when, where, how or to whom a bond shall be issued. In your 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 to make bonds for the bondsman's company. In your third question you ask what, if any, authority or control the county bail bond board licensing the bondsman may have in collecting 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 or district case in which the posting of bond is required as a condition of release, the sheriff shall accept or approve a bond posted by a licensed bondsman only in accordance with this Act and the rules prescribed by the board, but a sheriff may not refuse to accept a bail bond from a licensed bondsman who meets the requirements of Subdivision (4) or (5) of Subsection (a) of Section 6 of this 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 the property, an agreement by applicant that he will not further encumber the property after conveying it in trust to the board and other information relative to such property. Section 6(a) requires a statement of the amount of cash or value of a certificate of deposit or cashier's checks the applicant intends to place with the county treasurer to secure any obligations incurred by the applicant in the bonding business.

Prior to the amendment of section 4 of 2372p-3 by Senate Bill 727, Acts 1981, 67th Leg., ch. 312, at 875, effective August 31, 1981, section 4 had granted the sheriff discretionary power to refuse to accept any bond if "in the exercise of his discretion, he is satisfied that the security is insufficient, any portion 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); Bexar County Bail Bond Board 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 3 of article 2372p-3 provides that no person may act as a bondsman (in counties that have bail bond boards) except persons licensed under the act and persons licensed to practice law who meet certain specified requirements of the act.

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

In your second question you ask whether the board or the sheriff has regulatory authority over agents authorized by a bail bondsman to make bonds for the bondsman's company. Attorney General Opinion MW-507 (1982) concluded that an individual licensee cannot appoint an agent to sign bonds on his behalf, and while a licensed corporate surety may have authorized agents to sign bonds in its behalf, 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 to the making and setting of bail bonds in the county and the board is not authorized to impose qualifications upon the operation of a bondsman that are not enumerated by the statute." Any persons executing a bond must be licensed under article 2372p-3 and, as a licensee, is subject to regulation by the board. However, the board's regulatory authority is limited to those powers enumerated in the act.

In your third question you ask what authority or control, if any, the county bail bond board licensing the bondsman has in collecting on a bond given by such bondsman in another county. The license granted an applicant by the county bail bond board is to act as a bondsman in any court of the county. V.T.C.S. art. 2372p-3, § 6(a). Section 9(b) of article 2372p-3 authorizes the board, after notice and hearing, to suspend or revoke a license for a number of designated reasons, one of which is "failing to pay within 30 days any final judgment rendered on any forfeited bond in any court of competent jurisdiction within the county of the licensee." (Emphasis added.) Section 5(f)(1) of article 2372p-3 provides that the county bail bond board has the power and duty to "enforce this Act within the county." Rules promulgated by an administrative agency are valid if they are constitutional, within the granted power and adopted in accordance 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 the board have any authority or control over the collection of a bond given in another county by such bondsman.

1. As amended, section 4 of article 2372p-3 provides that all bondsmen must keep records of all bonds written which shall be subject to inspection by the county bail bond boards. Section 3 also details the information required to be kept by the bondsman.

2. Attorney General Opinion JM-1012 concluded that the county bail bond board may not prohibit the employment by a licensed bail bondsman of persons (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.

SUMMARY

The sheriff shall accept or approve a bond posted by a licensed bondsman only in accordance with article 2372p-3, V.T.C.S., and the rules prescribed by the county bail bond board. The sheriff may not refuse to accept a bail bond from a licensed bondsman who meets the requirements of subdivision (4) or (5) of section 6(a) of that act. Any person executing a bond, individually or as an agent for a corporation, must be licensed under article 2372p-3, V.T.C.S. A licensee is subject to regulation by the board. 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 to grant a license to an applicant to act as a bondsman in another county nor does the board have any authority or control over the collection of a bond in another county.

JIM MATTOX
Attorney General of Texas

MARY KELLER
First Assistant Attorney General

LOU MCCREARY
Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Tom G. Davis
Assistant Attorney General