Texas Attorney General Opinion: JC-8 Page: 3 of 5
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The Honorable Ken Oden - Page 3
not advertise as a bondsman contrary to section 15(g). Section 3(e) permits an attorney to execute
bail bonds for clients. Thus, an advertisement does not cross over the line drawn by sections 3(e)
and 15(g) merely because it appears in the Bail Bond section of a telephone book yellow pages. On
the other hand, we do not believe that an advertisement that otherwise crosses over this line is
necessarily saved by a disclaimer such as the one you have suggested. Ultimately, however, the
determination of whether a particular advertisement impermissibly advertises services for which a
bail bond license is required or merely advertises a service excepted from licensure by section 3(e)
would involve fact questions and is therefore beyond the scope of an attorney general opinion.'
Finally, we note that the bail bond board in your county may have been advised that it is
authorized to take action against attorneys that it determines have violated section 15(g) of the Act.
The board lacks such authority. Section 15 of the Act sets forth various acts that are subject to
prosecution as misdemeanors; it does not vest any special enforcement authority in county bail bond
boards. Furthermore, section 3(e) provides that attorneys who execute bail bonds for clients "are
prohibited from engaging in the practices made the basis for revocation of license under this Act and
if found by the sheriff to have violated any term of this Act, may not qualify thereafter under the
exception provided in this subsection unless and until they come into compliance with those
practices made the basis of revocation under this Act." Id. 3(e) (emphasis added).2 Section 3(e)
'See, e.g., Tex. Att'y Gen. Op. Nos. DM-383 (1996) at 2 (questions of fact are inappropriate for opinion
process), DM-98 (1992) at 3 (questions of fact cannot be resolved in opinion process), H-56 (1973) at 3 (improper for
Attorney General to pass judgment on matter that would be question for jury determination), M-187 (1968) at 3
(Attorney General cannot make factual findings).
2Section 9(b) of the Act provides the following bases for license revocation:
(1) violation of a provision of this Act or a rule prescribed by the board during the term
of the license sought to be suspended or revoked or during any prior licensing period;
(2) fraudulently obtaining a license under the provisions of this Act, making a false
statement or misrepresentation in an application for an original or renewal license or in any
hearing before the board, or refusing to answer any question submitted by the board in a
hearing relevant to the license or the conduct or qualifications of the licensee or applicant;
(3) final conviction under the laws of this or any other state or of the United States of
a misdemeanor involving moral turpitude or of a felony committed after the effective date
of this Act;
(4) being adjudged bankrupt or becoming insolvent;
(5) being adjudged mentally incompetent;
(6) 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;
(7) paying of commissions or fees or dividing commissions or fees or offering to pay
(continued...)(JC-0008)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-8, text, February 26, 1999; (https://texashistory.unt.edu/ark:/67531/metapth274317/m1/3/?q=%221999%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.