THE ATTORNEY GENERAL
OF TEXAS
February 27, 1989
Honorable Rene Guerra Opinion No. JM-1023
Criminal District Attorney
Hidalgo County Courthouse Re: Authority of a county
Edinburg, Texas 78539 bail bond board to limit
issuance of a bail bond
license to a single individ-
ual who seeks to operate
under different assumed
names (RQ-1636)
Dear Mr. Guerra:
you ask whether the Hidalgo Bail Bond Board has the
authority to limit the issuance of a bail bond license to
one license per individual even though the person seeks to
operate more than one bail bond company under different
assumed names.
you provide the following information that prompts your
question.
In Hidalgo County, we have approximately
twenty-four (24) bail bond companies. Not
all of these businesses are owned by differ-
ent bondsmen. In fact, some bondsmen operate
or plan to operate as many as four different
bail bond businesses. The reason for operat-
ing more than one bonding company is because
it allows them for [sic] more than one list-
ing at the County Jail Bail Bond List, which
subsequently increases one's chances of being
chosen when a bondsman is sought by a
prisoner.
For example: H (husband) is licensed to
operate H-l Bail Bonds and W (wife) is
licensed to operate W-l Bail Bonds. The
issue arises when H seeks a license to
operate H-3 Bail Bonds.
p. 5276
Honorable Rene Guerra - Page 2 (JM-1023)
In Attorney General Opinion MW-507 (1982) the questions
of who may be licensed as a bail bondsman and who may sign a
bail bond under article 2372p-3, V.T.C.S., were addressed.
In Attorney General Opinion MW-507 it was stated:
Section 3(a) of article 2372p-3, V.T.C.S.,
provides that no person may act as a bondsman
except 'persons' licensed under the act and
persons licensed to practice law. Section
2(l) defines 'oerson' as an individual or
cornoration: it no lonaer includes 'other
business entities, and associations of
persons' as it did prior to the amendment of
article 2372p-3 in 1981. Thus, only an
individual or a corporation may currently
obtain a license under article 2372p-3,
V.T.C.S
. . . .
If the licensee is an individual, the
statute neither prohibits nor authorizes the
licensee to have agents or employees sign the
bail bonds in the licensee's behalf.
However, article 17.08 of the Code of
Criminal Procedure requires the bond to be
signed by the name or mark of the surety.
This statute has been interoreted as reouir-
ina the suretv to Sian the bond oersonally
rather than to have the attorney-in-fact fo;
the surety sign the ~bond. See Ex carte
Meadows, 87 S.W.2d 254 (Tex. Crim. App.
1935) ; Attorney General Opinion WW-889
(1960) . Article 2372p-3, V.T.C.S., provides
no exception to article 17.08 of the Code of
Criminal Procedure when the surety is an
individual. Therefore, an individual
licensee cannot appoint an agent to sign
bonds on its behalf. While such an appoint-
ment would not clearly violate article
2372p-3, V.T.C.S., it would violate article
17.08,~Code of Criminal Procedure, when the
surety is an individual. (Emphasis added.)
Section 6(a) of article 2372p-3 provides that the
application of a person for a license shall include "the
name under which the business shall be conducted." In
Attorney General Opinion MW-321 (1981) it was stated that no
provision of article 2372p-3 prevents the use of an assumed
name. No provision is made for the licensee to operate
p. 5277
Honorable Rene Guerra - Page 3 (JM-1023)
under more than one name, the statute providing "the name
under which the business shall be conducted." (Emphasis
added.)
While a bail bondsman may operate his business under an
assumed name, only the individual (or corporation) may
qualify as an applicant; and when acting as a surety the
individual must sign the bond personally. It is the
individual that is eligible to apply for a license rather
than the business being operated under an assumed name. A
bail bond business operating under an assumed name is not a
distinct entity from another such business bearing a
different assumed name so as to enable the individual owner
of both businesses to be eligible for two licenses. Since
article 2372p-3 prohibits the issuance of a license to any-
one other than an individual or a corporation, a county bail
bond board is without authority to grant more than one bail
bond license to any person.
SUMMARY
Article 2372p-3, V.T.C.S., does not
authorize a county bail bond board to grant
more than one bail bond license to any
person.
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
p. 5278