Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Abandoned property, whether cash bail bonds and unclaimed liquidated certificates of deposit securing execution of bail bonds on cases that were never filed becomeJC-0195
Advertising by a bail bond licensee's exclusive advertising in a magazine that is distributed to pretrial detainees held in the county jail could constitute unlawful "solicitation" in violation of Texas Occupations Code section 1704.304(c)GA-1019
Agents or attorneys-in-fact, authority of a sheriff in a county without a bail bond board to require a surety to personally sign a bond and to prohibit an attorney-in-fact from signing a bond on the surety's behalfGA-0288
Alternate licensed bail bond surety to serve on county bail bond board when licensed bail bond surety representative is unable to attend meetings, board may not permitJC-0428
Applicant for license as bail bond surety may submit evidence of the value of real property to be executed in trust to the county bail bond boardJC-0366
Assumed name recently abandoned by licensee, bail bond board may grant license to applicant who will useLO97-050
Assumed name, in county with a bail bond board, a corporate surety may not use more than one assumed name, but may operate through various individual agents, each using a different assumed nameGA-0135
Assumed name, in county with a bail bond board, individual who acts as a bail bond surety or as an agent for a corporate surety may operate under an assumed name, but may not use more than one assumed nameGA-0135
Assumed names, bail bond board is not authorized to regulate individual bondsmen's use of but may regulate certain prohibitedLO98-068
Assumed names, use of by corporate sureties and their agents is regulated by the Department of Insurance, not by county bail bond boardLO98-068
Attorney acting as surety for a client in municipal court, judge must require evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal ProcedureJC-0277
Attorney advertisements in bail bond section of telephone yellow pages, permissibility under Bail Bond ActJC-0008
Attorneys, authority of county bail bond board to disqualify an attorney from executing bail bonds under the provision exempting attorneys from general licensing requirement for bail bond suretiesGA-0197
Bail bond board authority to regulate advertising by attorneys not licensed as bondsmen who write bail bonds for clientsJC-0008
Bail bond board, authority to dissolveGA-0663
Bail bond board, authority to question appraisal value of real estate, obtain independent appraisal of real estate, require real estate to be located within county, and to require renewal application to include current appraisalsDM-0264
Bail bond requisites, authority of a sheriff in a county without a bail bond board to require a surety to personally sign a bond and to prohibit an attorney-in-fact from signing a bond on the surety's behalfGA-0288
Bail bond surety may not recommend any attorney or law firm to a personGA-0089
Bond forfeiture collections, Government Code section 41.005 authorizes a district attorney to separate a portion of as a commission without approval of the commissioners courtGA-0997
Bondsmen representative on county bail bond board, corporate surety casts only one vote forDM-0224
Business name change during bail bond license period, authority of bail bond board to require licensee to apply for new or amended licenseLO97-050
Case-by-case basis, after a person has appeared before a magistrate amount of bail must be determined on aDM-0057
Cash bail bond, a county is not entitled to deduct a fee for accounting and administrative expense from the return of aGA-0960
Cash bail bond, authority of district clerk to accept assignment of to pay fines and costsGA-0773
Cash bail bond, funds may not be withheld to pay fines assessed against defendantJC-0024
Cash bail bond, requirements for receiving and refunding when cash deposited by person other than defendantJC-0024
Cash bail bond, section 117.055 of the Local Government Code authorizes county or district clerk to withhold administrative fee from return of funds deposited with clerk as cash bail bondJC-0163
Cash paid in lieu of bail bond, clerk of district court may deposit in account separate from general account of county if so ordered by court or other authorityDM-0282
Code of Criminal Procedure articles 17.16 and 17.19, after a person makes bail but before a formal charging instrument is filed in the county, county court-at-law or district court, prosecution is pending before the magistrate who properly received a complaint against the accused underGA-1021
Collection of bond forfeiture judgment in Collin County within exclusive purview of criminal district attorneyLO97-089
Commission on bond forfeiture collection shall be deposited in the county treasury in a fund to the credit of the person or department collecting the moneyGA-0997
Commission on bond forfeiture collection, how to use, commissioners court may determine subject to any other legal restrictions on its authorityGA-0997
Conflict of interest, sheriff’s duties with respect to acceptance of bonds and to bail bond forfeiture when the sheriff’s stepson and the stepson’s spouse are agents of a bail bond companyGA-0784
Corporate applicant for bail bondsman license, required security, amount, and termDM-0264
Corporate bail bond sureties must apply for separate licenses and deposit separate security for each agent in a countyGA-0165
Corporate bondsman, limit on total value of bonds issued byDM-0264
Corporate surety, a county bail bond board may not require separate letter of credit for each licensed agentJC-0128
Corporate surety, county bail bond board may issue multiple agent licenses toDM-0224
County attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collectionKP-030
County judge is prohibited by oath of office from acting as surety on bail bond in the countyJC-0121
Court and jail personnel may not recommend any bail bond surety to another personGA-0089
Court or magistrate before which prosecution is "pending" for filing affidavit of surety to surrender bond principalLO98-066
Default on bond in another county, sheriff in county with bail bond board may not refuse bond of bondsman licensed in the county on the basis ofJC-0019
Display of advertising or licensee information on a vehicle in the parking lot of the county jail, section 1704.304(c) of the Occupations Code, does not prohibit a bail bond licensee’s Advertising of bail bonds under section 1704.101 of the Occupations Code, county bail bond board may regulateGA-0502
El Paso County Bail Bond Board without authority to employ private counsel for legal advice without consent of El Paso county attorneyGA-0074
El Paso County Bail Bond Board, justice of the peace member should be selected by and from among eligible justices of the peace of the county by any reasonable methodJC-0496
Eligibility of a person who was convicted of a misdemeanor involving moral turpitude but who received "judicial clemency" to act as a bail bond suretyGA-1087
Employees of bail bondsmen, board rule imposing restrictions on employment beyond those established by statute exceed authority of bail bond boardGA-0895
Employment of felon by bonding business, person exempted from application of statute forbidding does not lose exemption simply because business changes handsJC-0534
Enforcement of a bond, in the bail bond forfeiture context a court may hold an individual surety liable on bond even though the surety did not personally sign itGA-0288
Expiration of licenses and license renewal, the number of years a license holder held a former license may not be used to determine how many years the person has held his or her current license or when the license holder's current license expiresGA-0344
Failure to regularly attend meetings of the El Paso County Bail Bond Board, commissioners court nor the bail bond board may remove members forJC-0496
Fee imposed on bail bond sureties for prosecutor longevity pay and indigent defense, surety's entitlement to a refundGA-0207
Fee of $20, sheriff may not impose for release of inmate at the time a bail bond is filedJM-1172
Fee, bail bond board may not charge for each bail bond executed by licensed bondsmanLO90-025
Fee, county bail bond board may not impose on bonding companies to pay for the cost of hiring a bail bond administratorGA-0735
Fees collected by county bail bond board and placed in county general fund may be used only to administer and enforce Bail Bond ActLO94-068
Financial capacity to issue bonds, bail bond executed in county where bondsman is licensed to secure release of person held on out-of-county warrant is included in calculation ofGA-0002
Forfeiture of bail bond is not subject to fee collected on the filing of a civil suit or fee collected on conviction of criminal offenseGA-0486
Funds deposited as a cash bail bond, clerk is required to charge administrative fee for the return ofGA-0436
Interest earnings on cash bail bonds and unclaimed liquidated certificates of deposit securing execution of bail bonds deposited with sheriff on cases that were never filed, disposition ofJC-0195
Interest on cash paid in lieu of bail bond is property of baileeDM-0282
Interview of persons in detention facilities by employees of personal bond office, applicability of chapter 1704 of the Occupations CodeGA-0381
Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for clientJC-0277
Legal fee, bail bond surety is prohibited from collecting legal fee from a client and remitting it to an attorneyJC-0528
Letter of credit as cash equivalent, applicant for license to execute bail bonds may satisfy statutory financial security requirement by submittingJM-1245
Licensed by county's bail bond board, to act as bail bondsman in that county person must beDM-0059
Licensing eligibility requirements for sureties, newly enacted work-experience and course-work requirements for bail bond licensees do not apply to an application for an original license filed with the county bail bond board prior to the new law's effective dateJC-0479
Licensing eligibility, relative who inherits bail bond business from deceased licensee and applies for a bail bond license is excepted only from work-experience and course-work eligibility requirements; bail bond board may not adopt rule extending this exJC-0472
Licensing eligibility, relative who inherits bail bond business from deceased licensee must obtain his or her own bail bond license and is only excepted from the work-experience and course-work eligibility requirementsJC-0472
Licensing of bondsmen in county that does not have a bail bond board, sheriff is not authorized to imposeLO98-105
Licensing of same person as individual bondsman and agent for corporate suretyLO96-019
Licensing, bail bond board is not authorized to issue multiple bail bond licenses to an individualLO96-044
List of preapproved bondsmen, sheriff in a county that does not have bail bond board is not authorized to post in the county jailJC-0541
Magistrate may not attach financial condition to personal bond or authorize deposit of less than full amount of bond in cashGA-0048
Members of El Paso County Bail Bond Board, members appointed or selected by others serve at the pleasure of the appointing or selecting authorityJC-0496
Members of El Paso County Bail Bond Board, members who are members by virtue of their elective office serve on board for duration of their parent officeJC-0496
Moral turpitude, bail bond surety who is convicted of soliciting clients inside detention facility has not committed crime of "moral turpitude"GA-0299
Municipal police officer may accept bond for non-municipal offense at location other than county jail pursuant to bond documents prepared by the county sheriff's departmentJM-1217
Municipal police officer may set bail for an individual arrested on a misdemeanor charge; and may set bail for a defendant arrested on a felony charge unless the case is pending before a courtGA-0457
Occupations Code section 1704.163, if felony conviction resulted from conduct involved with practice of executing bail bond or acting as surety, bail bond board may use felony conviction to suspend or revoke authorization granted to an attorney underGA-0971
Occupations Code subsection 1704.163(b), bail bond board must determine how attorney may remedy the felony conviction and whether such remedial action has occurred in a given instance underGA-0971
Personal bond office, court before which case is "pending" for purpose of reportLO97-103
Personal bond, authority of personal bond office to hold personal property required by a magistrate as security onDM-0073
Posting bail bond surety referral telephone number in detention facilitiesGA-0381
Pre-set bail bond amounts, magistrate may not by posting schedule at county jailDM-0057
Property Code section 52.006, if the county has obtained a bail bond forfeiture judgment in favor of the state, that judgment does not become dormant underGA-0903
Renewal of licenses, bail bond board does not have authority to temporarily extend bail bond surety license expiration dates by ruleGA-0575
Reserve deputy sheriff may act as a surety on a bail bond in county governed by chapter 17, Code of Criminal Procedure, provided the surety and bond otherwise satisfy statutory requirementsKP-132
Revoke or suspend a bail bond surety’s license for a violation of Occupations Code section 1704or a rule adopted under that chapter, the bail bond board of the licensing county may with respect to a bond executed on a warrant issued by another countyGA-0667
Security deposit required by section 6(f) of article 2372p-3, Revised Civil Statutes, county bail bond board is without authority to depart from requirement that applicant for bail bondsman license submitDM-0108
Security deposit requirements for sureties licensed after September 1, 1999, noncorporate bail bond surety in county in which bail bond board created after 1999 was not licensed prior to board's creation and must comply withGA-0058
Security deposited by licensed bondsman to secure bail bonds, county bail bond board is authorized to adopt rule providing for release but rule may not permit bondsman to reduce security to an amount less than that required by Occupations Code section 17GA-0011
Security ratio limiting amount of bonds a license holder may execute, a bail bond board may not consider an individual bail bond surety's former license or a license from another county in determining the applicable bail bond limitGA-0344
Security, form of collateral required to meet security amount requirements under Occupations Code section 1704.160 for bail bond surety license holders in counties with bail bond boardsGA-0977
Security-to-bail-bond ratio set by bail bond statute, county bail bond board may not alter by raising or lowering amount of required securityLO93-021
Set bail over the telephone, when person has not yet appeared before magistrate justice of the peace may notDM-0057
Sheriff may not accept bail on offense committed in the county while accused is jailed in another state GA-0515
Sheriff may not accept bond from bondsman who is not licensed by that county's bail bond boardDM-0059
Sheriff's authority to determine sufficiency of security of bond executed by attorney for clientDM-0483
Sheriff's authority to maintain and manage cash bail bonds deposited on cases that were never filedJC-0195
Sheriff's authority to require individual surety to post collateralDM-0483
Signs in detention facilities, applicability of chapter 1704 of the Occupations Code to signs in detention facilities about bail bonds, personal bonds, and personal bond officeGA-0381
Split bond, magistrate may not require bailable defendant to provide, i.e., part personal bond and part bail bondJC-0215
Surety, attorney not licensed as bail bondsman may act as only for clientLO93-063
Surety, magistrate may not require bailable defendant to provide bail bond backed by a suretyJC-0215
Texas Code of Criminal Procedure article 17.22, any person who has signed as a surety on a bail bond and is in default thereon is prohibited from subsequently signing as a surety in a county without a bail bond board until the default is rectified underGA-0903
Title insurance or title option, county bail bond board may not require applicant to provideLO97-102
Violation of community supervision, court having geographical jurisdiction where defendant resides or where violation occurs may issue warrant and set bail for defendantLO98-021