Untitled Texas Attorney General Opinion ( 1962 )

TElEA ORNEY GENERAL
OF %-EXAS
AUSTTN ~I.'~?IDCAS
FVILL WIIx3ON
A-0RNE-w GENEKAL June 6, 1962
Honorable Dean Martin Opinion No. WW-1340
County Attorney
Grayson County Re: Whether a county clerk
Sherman, Texas may legally prepare
certified copies of rec-
ords in his office and
forward same to the
purchaser with a bill
to be paid after delivery
Dear Mr. Martin: and related question.
In your request for an opinion from this office you
ask two questions which we quote as follows:
'%ay the county clerk of Grayson County,
Texas, legally prepare certified copies of
records In his office and forward same to
the purchaser with a bill for same to be
paid after delivery of these copies.
"If the charges described in the pre-
vious question are never paid, is the co:nty
clerk liable to Grayson County under his
bond for the amount charged and not collected."
Article 6600, Vernon's Civil Statutes, provides as
follows:
"The county clerk shall give attested
copies whenever demanded of all papers
recorded in his office; and he shall receive
for all such copies, such fees as may be
provided by law."
Such fees as are authorized to be charged by a
county clerk of a county with less than 1,200,OOO population
are prescribed in Article 3930, Vernon's Civil Statutes, as
amended in 1957. The pertinent provisions of this Article read
as follows:
"Clerks of the county court may receive
not to exceed the following fees: . . .
Honorable Dean Martin, page 2 (w-1340)
"Filing and recording the bond and sworn
statement of a livestock commission merchant 1.00
Making a certified copy of such bond
and statement 1.00
Recording, transcribing or copying all
papers or records required or permitted by
law to be recorded, transcribed or copied,
with or without certificate and seal, for
each 100 words, not otherwise provided for .20
II
. . .
Section 5 of Article 3912e, Vernon's Civil Statutes,
provides as follows:
"It shall be the duty of all officers
to charge and collect in the manner author-
ized by law all fees and commissions which
are permitted by law to be assessed and col-
lected for all official service performed by
them. As and when such fees are collected
they shall be deposited In the Officers'
Salaries Fund, or funds provided in this
Act. In the event the Commissioners' Court
finds that the failure to collect any fee
or commission was due to neglect on the part
of the officer charged with the responsibility
of collecting same, the amount of such fee
or commission shall be deducted from the
salary of such officer. Before any such
deduction is made, the Commissioners' Court
shall furnish such officer with an itemized
statement of the uncollected fees with which
his account Is to be charged, and shall notify
such officer of the time and place for a hearing
on same, to determine whether such officer was
guilty of negligence, which time for hearing
shall be at least ten days subsequent to the
date of notice. Unless an officer is charged
by law with the responsibility of collecting
fees, the Commissioners' Court shall not in
any event make any deduction from the authori-
zed salary of such officer."
In view of the foregoing statutes, you are advised
that the County Clerk of Grayson County is legally authorized
Honorable Dean Martin, page 3 (WW- 1340
to charge a fee for
. certified
.. - copies
. of any papers or records
requlred or permittea oy law to be recorded under the provisions
of Article 3930, Vernon's Civil Statutes, supra. In addition,
it is the duty of each county clerk to collect such fees and
deposit the same in the Officers1 Salary Fund of the county
or In another such fund authorized by statute. However,Article
3908, Vernon's Civil Statutes, provides as follows:
"None of the fees mentioned in this title1
shall be payable to any person whomsoever until
there be produced, or ready to be produced, un-
to the person owing or chargeable with the same,
a bill or account in writing containing the
particulars of such fees, signed by the clerk
or officer to whom such fees are due, or by
whom the same are charged, or by the successor
in office, or legal representative of such
clerk or officer."
In view of this Article you are advised that a county
clerk in his discretion may legally prepare certified conies
of records In his office and forward same to the purchaser with
a bill for same to be paid after delivery of the copies.
It is noted that Sections 1 and 3 of Article 3912e,
Vernon's Civil Statutes, would prohibit the state from making
any payment of fees or commissions, not constituting a part of
the cost assessed against the state in a particular case, to
-'the county clerk of Grayson County for any or all of the duties
of his office. Consequently, the county clerk may not charge
the state a fee for anv certified conies not entitled to be
taxed against the state as court costs. Attorney General's
Opinions W-628 (1959), W-658 (1959).
In answer to your second question, you are advised
that it is our opinion that the county clerk would be liable
to the county for fees he failed to collect due to neglect on
the part of said officer who Is charged with the responsibility
of collecting the same. And that such fee could be withheld
from his salary as authorized by Section 5, Article 3912e,
supra, provided that such officer due to neglect failed to
collect said fee and the required notice was given him according
to the provisions of the Article. Also, under the provisions
of Article 1937, Vernon's Civil Statutes, each county clerk
is required before entering the office of county clerk to give
1Title 61 (Fees of Office) Vernon's Civil Statutes
Honorable Dean Martin, Page 4 (WW-1340)
bond in the amount of $2,000 made payable to the Governor of
the State in a sum to be fixed by the Commissioners' Court but
not less than $2,000 or more than $10,000 which bond is con-
ditioned upon the safe-keeping of the records and the falth-
ful discharge of the duties of the office of county clerk. On
the basis of the statutes discussed above, there is no question
that the collection of fees due the county is an official duty
of a county clerk. Therefore, it Is our opinion that the County
Clerk of Grayson County would be liable to the county under his
official bond for any amount charged for certified copies and
not collected, due to the neglect of the clerk.
SUMMARY
Although a county clerk may legally prepare certified
copies of records In his office and forward them to
a purchaser or party other than the state with a bill
for same to be paid after delivery of the cOples, the
county clerk Is directly responsible for the dollection
of these funds and for accounting for them and deposit
of them in the Officers' Salary Fund or to other author-
ized funds. Also, the county clerk may be liable to
Grayson County under his official bond for any amount
of fees for certified copies delivered and charged but
not collected due to the neglect of the clerk.
Very truly yours,
WILL WILSON
Attorney General of Texas
1RW:mkh
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Sam Stone
Grundy,Williams
C. J. Taylor
John Hofmann
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore ~'