.- R-526 OIWICE OF THE AIYTORNEY GENERAL AUSTIN. TEXAS PRICE DANIEL AT,TORNEY GENERAL July 2, 1947 Hon. B. D. Geeslin Opinion lV0. V-292 County Attorney Ycculloch County Re: The maximumfee which can Brady, Texas be charged by a County Clerk to file a delayed birth certificate. Dear Sir: We refer to your letter of May 27, 1947, in which you submit the following: “We would like to know whether or not Article 1702a-1 is applicable to the filing of delayed birth certificates and If it is, whether or.not it amends Arti- cle 4477, Rule 51a, which provides the fees that shall be charged for the fil- ing of such an application.” The compensation of public officials is fixed by the Constitution or Statutes.. An offfcer may not claim or receive any money as fees of office without a law authorizing him to do so, and clearly fixing the a- mount to which he Is entitled. Tex. Jur., Vol. 34,p.511, section 107. Regardless of whether a county library system be set up under Articles 1697-1702 of Vernon’s Civil Statutes or under Article 1702-a-1 of said statutes, we are of the opinion that the fees chargeable for birth certificates are controlled aa hereinafter shown. Section 51a of Article 4477 of Vernon’s Civil Statutes reads, in part: “a fee of One Dollar ($1.00)’ shall be collected by the Probate Court, fifty cents (50#) of wh‘ich shall be retained by the Court, and fifty cents (50#) of which shall be retained by the clerk of the County Court for recording said birth or death certificate. . . . certi- fied copies of said birth or death certi- Hon. B. D. Geeslln, Page 4, V-292 of said Statutes, and an applloant for such a .certifioateis ohargeablo with the $1.00 fee provided In said Seotion 51a OS qald Artlale a71, but 1s not ohargsablewith the al.00 fil- ,ing fee provided In said Artield'l702a. Yours very truly ATTORNSYGEWEERbL OFTEXAS W. T. Williams Assistant wTW:at:wb:jrb ..,