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