Texas Attorney General Opinion: JC-19 Page: 1 of 8
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OFFICE OF THE ATTORNEY GENERAL - STATE OF TEXAS
JOHN CORNYN
March 10, 1999
The Honorable James M. Kuboviak Opinion No. JC-0019
Brazos County Attorney
300 East 26th Street Re: Whether a sheriff of a county governed by
Bryan, Texas 77803 article 2372p-3 of the Revised Civil Statutes is
required by Code of Criminal Procedure article
17.11, section 2 to refuse the bond of a bondsman
licensed in the county when on notice that the
bondsman is in default on a bond in another
county (RQ-1134)
Dear Mr. Kuboviak:
You ask whether a sheriff of a county governed by article 2372p-3 of the Revised Civil
Statutes is required by Code of Criminal Procedure article 17.11, section 2 to refuse the bond of a
bondsman licensed in the county when on notice that the bondsman is in default on a bond in another
county. We conclude that a sheriff of a county governed by article 2372p-3 may not unilaterally
refuse the bond of a bondsman licensed in the county on the basis of the bondsman's default on a
bond in another county.
Your query arises from the interaction of a number of Code of Criminal Procedure provisions
and article 2372p-3. Code of Criminal Procedure article 15.18 provides that a person arrested under
a warrant issued in a county other than the one in which the person is arrested shall be taken before
a magistrate in the county of arrest who shall take bail, if allowed by law, and immediately transfer
the bond to the court having jurisdiction of the offense. See TEX. CODE CRIM. PROC. ANN. art. 15.18
(Vernon 1977). This office has concluded that in the case of an arrest on an out-of-county warrant
under Code of Criminal Procedure article 15.18, the sheriff in the county of arrest is required by
article 2372p-3 to accept and approve a bond offered by a bondsman licensed in the county of arrest.
See Tex. Att'y Gen. Op. No. JM-271 (1984). Thus, by operation of Code of Criminal Procedure
article 15.18, the bond of a bondsman licensed in one county may be transferred to a court in a
county where the bondsman is not licensed.
Your question involves a bondsman licensed and currently in good standing with the Brazos
County Bail Bond Board, who has signed as surety on bonds for defendants arrested in Brazos
County on Tarrant County arrest warrants. The bondsman is not licensed in Tarrant County. Youprovide the following facts: The bondsman signed as surety on a bond with defendant X who was
arrested in Brazos County on a Tarrant County arrest warrant in May 1997. In March 1998, the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-19, text, March 10, 1999; (https://texashistory.unt.edu/ark:/67531/metapth274328/m1/1/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.