August 20, 1993 

 

 

Honorable Ken Armbrister 

Chair 

Committee on Intergovernmental Relations 

Texas State Senate 

P.O. Box 12068 

Austin, Texas 78711

Letter Opinion No.  93-63 

 

Re:    Whether lawyers can execute 

bail bonds or act as sureties on such 

bonds for persons who are not their 

clients    (RQ-554)



 

Dear Senator Armbrister: 

 

	You ask whether lawyers can execute bail bonds or act as sureties on such bonds 

for persons who are not their clients.  Section 3 of article 2372p-3 (the "act"), V.T.C.S., 

provides in pertinent part as follows: 

 

	Sec.  3.  The provisions of this Act apply only to the execution 

of bail bonds in counties having a population of more than 110,000 

according to the last federal census or in counties of less than 

110,000 where a [county bail bond] board has been created. . . . 

 

	(a)  In a county that has a board, no person may act as a 

bondsman except: 

 

	(1)  persons licensed under this Act, and 

 

	(2)  persons licensed to practice law in this state who meet the 

requirements set forth in Subsection (e) of Section 3 of this Act. 

 

	. . . . 

 

	(e)  Persons licensed to practice law in this state may execute 

bail bonds or act as sureties for persons they actually represent in 

criminal cases without being licensed under this Act. 

 

	The act contains no prohibition against an attorney's executing or acting as a 

surety on a bail bond for a person who is not a client of that attorney in the matter 

relating to the bail bond.  Rather, the act expressly grants lawyers an exemption from the 

license requirement, but only for bail bonds for persons who are their clients in the 

criminal matters in which the bonds are posted.  V.T.C.S. art. 2372p-3, § 3(e).  In a 

county that has a county bail bond board, a Texas lawyer may execute or act as a surety 

on a bail bond for a person who is not his or her client in the same matter only if the 

lawyer is licensed as a bail bondsman under the act.  Id. § 3(a)(1). 

 

S  U  M  M  A  R  Y 

 

	In a county that has a county bail bond board, a Texas lawyer 

may execute or act as a surety on a bail bond for a person who is not 

his or her client in the same matter only if the lawyer is licensed as a 

bail bondsman under article 2372p-3, V.T.C.S. 

 

						Yours very truly, 

 

 

 

						James B. Pinson 

						Assistant Attorney General 

						Opinion Committee 

 





LO- 

LDB 

 

RQ-554 

 

 

 

INDEX HEADINGS 

attorneys 

bail and bail bonds 

business and commerce 

criminal law and procedure 

 

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(footnote continued) 

 

Honorable Ken Armbrister  -  Page  2  (LO-93-63)