Untitled Texas Attorney General Opinion ( 1975 )

March 13, 1975
The Honorable Ed J. Harris Opinion No. H- 552
Chairman
Election Committee Ret Proper fee for copies of
House of Representatives campaign expense reports.
P. 0. Box 2910 V. T. C. S., art. 3930, sets.
Austin, Texas 78767 3 and 9; V. T. C. S., art. 3930(b),
sec. l(D).
Dear Chairman Harris:
You have requested ouz opinion on the following questions:
1. May a county clerk base the fees he charges for
copies of the campaign expense reports filed with his
qffice by candidates for public office under the provi-
sions of Chapter 14, Texas Election Code, on the
“reaspnable fees” provision of Subdivision (9) of Art.
3930, Vernon’s Annotated Civil Statutes, [or] is he
mandated by Section (3) of that Article to charge a
fee of one dollar ($1.00) per page for such reports?
2. It copies of the campaign finance reports
called for by Chapter 14, Texas Election Code, are
covered by the provisions of Section (9) of Art. 3930,
what cost factors may a clerk utilize to determine the
cost of the copies and, consequently, the “reasonable
fees” called for by Section (9)O
Chapter 14 of the Texas Election Code, as amended, requires
<,andidates for public office tq file reports of campaign contributions
and expendi.tures with certain designated officials. Candidates for county
offices and state offices where the district is one county or less in size
fi.le these reports with the appropriate county clerk.
p. 2480
.
The Honorable Ed J. Harris page 2 (H-552)
You state that some county clerks charge $1.00 per page for a
copy of a filed campaign expense report pursuant to section 3 of article
3930, while in other counties varying charges are made pursuant to
section 9 of this article, which authorizes a reasonable fee for other-
wise unspecified services.
Article 3930, V. T. C. S. provides in pertinent part as follows:
County clerks and county recorders are hereby
authorized and required to collect the following
fees for services rendered by them to all persons . . .
. . . .
(3) For issuing each certified copy (except
certified copy of map records and condominium
records), notice, statement, license where the
fee for issuing the license is not specifically pro-
vided by statute, or any other instrument, docu-
ment, or paper authorized, permitted, or required,
to be issued by said county clerk or county recorder,
except as otherwise provided in Section 1, of this Act:
For each page, or part of a page, a fee, to be
paid in cash at the time cash order is placed, of $1.00.
However, nothing in this Act shall be construed to
limit or deny to any person, firm, or corporation, full
and free access to any papers, documents, proceedings
and records referred to in this Act, the right of such
parties to read and examine the same, and to copy
information from any microfilm or other photographic
image, or other copy thereof under reasonable rules
and regulations of the county clerk at all reasonable
times during the hours the county clerk’s office is open
to the public, and without making payment of any charge,
being hereby established and confirmed.
. . . .
p. 2481
.
The Honorable Ed J. Harris page 3 (Hr 552)
(9) For such other duties prescribed, authorized,
and/or permitted by the Legislature for which no fee
is set by this Act, reasonable fees shall be charged.
A provision in a separate article enacted on the same day states
essentially the same thing as does article 3930(3). Article 3930(b), V. T. C. S.,
provides in part the following;
Section 1, County clerks and clerks of county courts
are hereby authorized and required to collect the follow-
ing fees for services rendered by them to all persons. . . .
D. For, issuing each certificate, certified copy,
notice,, statement, transcript, or any other instrument,
document, or paper authorized, permitted, or required,
to be issued by said county clerk or clerk of county
courts on which there is no return to be recorded:
For each page, or part of a page, a fee, to be paid
st the time each order is placed, of.. . . . . . . . . . . . $1.00.
However, nothing in this Act shall be construed to
limit or deny to any person, firm, or corpkation, full
and free access to any papers, documents, proceedings,
and records referred to in this Act the right of such
parties to read and examine the same, and to copy
information from any microfilm or other photographic
image, or other copy thereof under reasonable rules
and regulations of the county clerk at all reasonable
times during the hours the county clerk’s office is
open to the public, and without making payment of any
charge, being hereby established and confirmed.
Both section 3 of article 3930 and subsection D of section 1 of article
3930(b) “authorize and require ” the collection of fees of $1.00 for “issuing”
certificates, certified copies, notices, etc. For the purposes of this statute
issue means something more than merely providing a copy. See Snell v.
Knowles, 87 S. W.2d 871, 876 (Tex. Civ. App. T-Texarkana 1935, writ
dismissed); Bourn y. Robinson, 107 S, W. 873, 875 (Tex. Civ. App. 1908,
no writ hist).
p. 2482
. -
The Honorable Ed J. Harris page 4 (H-552)
In a case dealing with the expenses of issuing bonds, the verb
“issue” was defined as follows:
To send out, to send out officially; to send forth,
to put forth; to deliver, for use, or authoritatively;
to put into circulation; to emit; to go out; to go
forth as authoritative or binding. Stokes v. Paschall,
243 S. W. 611, 614 (Tex. Civ. App. --Ft. Worth 1932,
no writ hint).
In our opinion, the fee of $1.00 per page authorized by section (3)
of article 3930 and subsection D of section 1 of article 3930(b), V. T. C. S. ,
is applicable t&those copies of campaign expense reports which the clerk
by his official act “issues, ” that is, sends out officially as authoritative
or binding. In the case of copies of documents on file in his office, this
can be done by certifying that the copy of the document is true and genuine.
We do not believe that the $1.00 fee is applicable to making non-certified
photographic reproductions of such documents.
Your second question is what coot factors may be utilized by a
clerk to determine the coat of making uncertified copies, and the reasonable
fee for such copies under section (9), article 3930, V. T. C. S.
Our statutes offer.little guidance as to what constitutes a reasonable
fee, and we feel a complete answer is beyond the capabilities of this office
beyond pointing out some of the factors which cannot be utilized.
Article 3904, V. T. C. S., prohibits the charging of a fee for the
examination of any paper or record in his office. A citizen’s right to
copy records in the clerk’s office under article 1945, V. T. C. S., may not
be burdened with rental charges for space and accomodations, such as
furniture and fixtures. Tarrant County v. Rattikin Title Co., supra.
Thus, we believe that such factors as the expense of locating the
records, making them physically available for inspection and copying,
and “overhead” charges for rental of space, furniture, or fixtures, may
not be considered in determining a reasonable fee for providing un-
certified copies of recordr filed in the office of county clerks.
p. 2483
. -
The Honorable Ed J. Harris page 5 (H-552)
SUMMARY.
The fee of $1.00 per page for copies of campaign
expense reports filed in the office of county clerks
applies to certified copies. V. T. C.S., art. 3930,
sec. 9; V.T.C.S., art. 3930(b), sec. 1 (D).
A reasonable fee may be charged for making
uncertified copies of campaign expense reports.
V. T. C. S., art. 3930, sec. 9. No charge may be
made for producing records to be inspected or
copied or for overhead, V. T. C. S., arts. 1945,
3904.
Very truly yours,
JOHN L. /fi HI L
Attorney General of Texas
APPROVED:
DAVID h$ KENDALL, First Assistant
&&
C. ROBERT HEATH. Chairman
Opinion Committee
lg
p. 2484