Untitled Texas Attorney General Opinion ( 1942 )

OFTEXAS Gerald C. Mann Hon. win. J. Lawson Opinion No. O-4917 Secretary of State Re: Whether amendment to charter of Austin, Texas Dallas Railway & Terminal Company should be submitted to Attorney General’s De- Attention: partment for examination and approval, Abner L. Lewis and amount of filing fee Secretary of State is authorized to collect for fil- Dear Slrr ing said amendment. Your request for an opinion on the above stated matter has been received and carefully considered by thi? department. We quote said request as follows: “We submit to you herein the entire file and the papers constituting an amendment reducing the capital stock of the above captioned corporation. This file is sent to you under Article 6263 of the Revised Civil Statutes. “In conference with Mr. Robert B. Hincks, at- torney for this corporation, he informed me said corporation is not a railroad corporation, but operates street railways In the city of Dallas, how- ever, from the statement of balances which we also attach hereto it will be observed that they also operate the Interurban Terminal and designate through- out the report the operation of railways. “Please advise this department whether or not this amendment should properly come before your de- partment for recommendation in accordance with said article and if so let us have a certificate of your action in connection therewith, Second, in either event will you please advfse us the amount of filing fee the Secretary of State is authorized to collect in connection with the filing of this instrument .I’ Article 6263 referred to by you deals only with Articles of Incorporation of railroad corporations, therefore, since the statement of Mr. Robert B. Hincks, attorney for Dallas Railway and Terminal Company, referred to in your letter, as well as the state- ment of the operations of said company attached thereto shows that the Dallas Railway & Terminal Company Is not a railroad corpor- ation but was evidently incorporated under the provisions of Hon. Wm. J. Lawson, page 2 (O-4917) subdivision 21 of Article 1121 of the Revised Civil Statutes of 1911, now subdivision 67 of Article 1302, it Is not neces- sary that said amendment of the charter reducing the capital stock of said corporation should be submitted to this depart- ment for examination and approval. Article 3914 is in part as follows: “The Secretary of State is authorized and re- quired to charge for the use of the State the fol- lowing other fees: “Upon filing each charter, amendment, or sup- plement thereto of a channel and dock, railroad, magnetic telegraph line, street railway or express corporation, a filing fee of Two Hundred ($200.00) Dollar se’* It is the opinion of this department, therefore, that the amount of a filing fee the Secretary of State is authorized to collect in connection with the filing of this amendment is the sum of Two Hundred Dollars ($200.001. We herewith return to you the file sent to us in con- nection with your request and trust that this satisfactorily an- swers your inquiry. Very truly yours ATTORNEYGENERALOF TEXAS By /s/ Jas. W. Bassett Jas. W. Bassett, Assistant APPROVEDOCT 27, 1942 /s/ Gerald C. Mann ATTORNEYGENERALOF TEXAS APPROVED: OPINION COMMITTEE BY: BWB, CHAIRMAN JWB:mp:wb Encl.