Untitled Texas Attorney General Opinion ( 1975 )

July 24, 1975
The Honorable Joe Resweber Opinion No. H- 647
Harris County Attorney
Harris County Courthouse Re: Authority of Harris County
Houston, Texas 77002 Commissioners Court to impose a
charge for handling of child support
payments by the juvenile probation
department.
Dear Mr. Resweber:
You have requested our opinion regarding the authority of the Harris
County Commiesionerlr Court to impose a handling charge of $ . 50 on both
the receipt and disbursement of child support payments by the Child Support
Division of the Harris County Juvenile Probation Department.
Article 5139VV, V. T. C. S., creates the Harris County Juvenile Board
and prescribes its duties, one of which ie to:
. . . direct whether the district clerk or the chief
juvenile probation officer shall receive payments
for the support of wives and children made under
the order of the district and criminal district courts
or the courts of domestic relations of Harris County.
V. T. C. S. art. 5139VV, 8ec. 5(fl.
Receipt and disbursement of child support payments is strictly circum-
scribed by the terms of the statute. Whether these funds are administered by
the juvenile probation officer or by the district clerk, they may be received and
disbursed only as directed by “order of the district and criminal district courts
or the courts of domertii relations. . . ” V. T. C.S. art. 5139VV, sec. IO(a)
and (b).
In counties having a population of more than 350,000, a charge of $3.00
is added to the filing fee of every divorce petition for the express purpose of
maintaining the child support office of the county’s probation department.
V. T. C. S. art. 5142a-1.
p, 2842
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The Honorable Joe Reaweber, page 2 (H-647)
The statute contains no authorization for the imposition of any
administrative fee by either the juvenile board or by the commissioners
court. It is well established that unless a fee is provided by law for an
official service that is required to k performed. none may lawfully be
charged. Nueces County v. Currington, 162 S.W.2d 687 (Tex.Sup. 1942);
McCalla v. City of Rockdale, 246 S.W. 654 (Tex. Sup. 1922); Attorney
General Opinion H-443 (1974).
The powers of a county are strictly limited to those set forth by the
Constitution or by statute. Harrison County v. City of Marshall, 253
S.W.2d 67, 69 (Tex. Civ. App. --Fort Worth 1952. writ ref’d); Wichita
County v. Vance, 217 S.W.2d 702, 703 (Tex. Civ.App. --Fort Worth
1949, writ ref’ d. n; r. e. ).
In view of the absence of any statutory authority for the imposition
by the Harris County Commissioners Court of a handling charge on the
receipt and disbursement of child support payments, the limiting language
of article 5139VV. and the statutory authorization of a $3.00 charge upon
the filing of divorce petitions for the purpose of administering the child
support office, it is our opinion that the Harris County Commissioners
Court may not impose any charge upon the receipt or disbursement of
child support payments by the Child Support Division of the Harris County
Juvenile Probation Department.
SUMMARY
The Harris County Commissioners Court is not
authorized to impose a charge for the handling of child
support payments by the juvenile probation department,
Very truly yours,
/ /Attorney General of Texas
p, 2843
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The Honorable Joe Resweber, page 3 (H-647)
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH. Chairman
Opinion Committee
p. 2844