M-8 | Tex. Att'y Gen. | Jul 2, 1967
Honorable George
County Attorney
Bastrop County Courthouse Re: Whether a constable may
Bastrop, Texas lawfully be a surety on
a bail bond of a defen-
dant in the county where
Dear Mr. Kelly: the constable holds office?
Article 17.10, Vernon’s Code of Criminal Procedure,
provides the only disqualification of sureties on ball bonds,
and reads as follows:
“A minor cannot be surety on a
ball bond, but the accused party may
sign as principal.”
A constable, therefore, is not disqualified by statute from
becoming a surety on a bail bond.
Article 5, Section 24, of the Constitution of the
State of Texas provides:
“County Judges, county attorneys,
clerks of the District and County Courts,
justices of the peace, constables., and
other county officers, may be removed by
the Judges of the Distr%zt Courts for in-
competency, official misconduct, h’a’6Ttual
drunkenness, or other causes defined by
law, upon the cause therefor being set
forth in writing and the finding of its
truth by a jury.” (Emphasis supplied)
In our opinion, the execution of a bail bond by a
constable, as a surety, is not prohibited by the Statute
quoted or by the Constitution. There may be facts, however,
existing that would make such action official misconduct and
subject the constable to possible removal from office. The
specific facts involved In each instance must be carefully
examined and each case stands on its own merits.
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Konorable George Kelly, Page 2 (~-8 )
SUMMARY
A constable is not barred by Article
17.10, Vernon's Code of Criminal Z-ace-
dure and Article 5, Section 24 of the
Constitution of this State Prom becoming
a surety on a bail bond. However, there
might be other facts which would make
such action official misconduct on his
part and grounds for his possible removal
from office.
$$y txly yours ,
.
arney General of Texas
REO/dt
Prepared by Robert E. Owen
Assistant Attorney General
APPROVED:
OPINION COMMITTEE:
Hawthorne Phillips, Chairman
W. V. Geppert, Co-chairman
Robert Darden
R. L. Lattimore
Sam Relley
W. 0. Shultz
Staff Legal Assistant
A. J. Carubbl, Jr.
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