Texas Attorney General Opinion: JC-8 Page: 4 of 5
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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The Honorable Ken Oden - Page 4
of the Act vests the authority to determine whether an attorney is eligible to execute a bail bond
under section 3(e) in the sheriff. A county bail bond board is not authorized to make this
determination. See Tex. Att'y Gen. Op. No. JM-901 (1988) at 3 (concluding that determination of
attorney's compliance with article 2372p-3 for purposes of section 3(e) is matter for sheriff, not bail
bond board); see also Tex. Att'y Gen. Op. No. DM-483 (1998) at 5 (stating that 1981 amendments
to Act indicate that legislature intends sheriffs to exert authority over bonds executed by attorneys
under section 3(e)). For this reason, the determination 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) is within the authority of the county sheriff3 and is
beyond the authority of a bail bond board.
(...continued)
or divide commissions or fees with any person, company, firm, or corporation not licensed
under this Act to execute bonds;
(8) soliciting bail bond business in any building where prisoners are processed or
confined;
(9) recommending to any client the employment of a particular attorney or firm of
attorneys in a criminal case;
(10) falsifying any records required to be maintained under this Act, failing to keep the
records, or failing promptly to permit the inspection of the records at any time requested by
the board or its representatives or agents;
(11) operating as a bondsman while the license is suspended or after it has expired and
before it is renewed; and
(12) on more than one occasion failing to maintain the minimum amount of security
required by this Act or misrepresenting to any official or employee of the official the limit
supported by the amount of security to obtain the release of any person on bond.
TEX. REV. CIv. STAT. ANN. art. 2372p-3, 9(b) (Vernon Supp. 1999); see also Tex. Att'y Gen. Op. No. DM-483 (1998)
at 5-6 & n. 17 (discussing applicability of bases for bail bond license revocation to attorneys who act under section 3(e)
exception).
3For a discussion of limitations on the authority of a sheriff to disqualify an attorney from executing bonds
under section 3(e), see Price v. Carpenter, 758 F. Supp. 403,406 (N.D. Tex. 1991) (holding that attorneys' entitlement
to execute bail bonds for clients they represent in criminal cases is protected property interest).(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/m1/4/?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.