Ar;nTnx 11.TExAn PRICE DANIEL YLv4m!x~m-' ~'-" AITU'KN*zY GtiNKcWNAr. January 30, 1947 Mrs. Aillen Mitchell Opinion No. V-21 Count Auditor Fort 5 end County Re: Authority of County Richmond, Texas Clerk to charge a fee for recording deputy commissions. Dear Mrs. Mitchell: Your letter of recent date requesting an opinion from~this Department on the above subject mat- ter is as follows: "The question has arisen in-our County as to-whether or not it is legal, under the law for th(eCounty Clerk to charge a regis- . tration fee for recording deputations such as the Sheriff's and iax hssessor's depyty commisslon~. “We have several new deputies ln,these offices for this 'year and we would appre- ciate your advice and opinion as to' whether we,should charge a recording fee for plac- ing their deputations on record." \ Fort Rend County has a population, according to the 1940 Federal Census, of 32, 963. Therefore, county officers of said county are compensated on a salary basis. Section 1 of Article 3912e provides: "No district officer shall be paid by the State of Te,xas any fees or commission for any service performed by him; nor shall the State or any county pay to any county fficer in any county containing a popula- .Fion of twenty thousand (20,000) inhabi- 'tants or'more according to the last pre- ceding Federal Census any fee or commission for any service by him performed as such officer;~ provided, however, that the asses- sor and collector of taxes shall continue . . Mrs. Aillen Mitchell- Rage 2 to collect and retainfor the benefit of the Officers' Salary &nd or funds herein- after provided for, afl fees and'cownis- sions which he is authorized under law to collect; and it shall be his duty to ac- count for and to pay all such monies re- ceived by him into the fund or funds cre- ated and.provided for under the provisions of this Act; provided further, that the provisions of this Section shall not af- fect the payment of costs in civil cases by the ,+tate, but all such,costs so paid shall be accounted for by the officers collectingsame, as !they are required,un- der the provisions of this Act,to account for fees, commissions and costs collected from private parties." In view of the ,foregoing provision, it is the opinion of this Department that the county cannot pay any fee to the County Clerk for recording appointments or deputations of deputies. . The law requires the appointment or depu- tation of certain deputies to be recorded in the office of County Clerk. ~For example: deputy county clerks-- Article. 1938, deputy district clerks - Artiale 1898, deputy,sheriff - Article 6869. bve do not find, however, any statute requiring the recordation in the County Clerk's office of the appointment or deputation of dep- uty tax assessor. Article 3930 provides, in part, as follows: "Clerks of the county Court shall re- ceive the following fe.es: "Recording all papers required or per- mitted by law to be recorded, not otherwise provided for, including certificate and seal, for each 100 words .1.5" Therefore, it is our further opinion that the County Clerk would bs entitled to receive a fee of fif- teen (15'4) cents for each 100 words from the deputies for the recording of the 'appointment or deputation of those deputies whose appointment Is required to be re- corded, but said fee must be deposited in the Officers' Salary Fund. Mrs. A%llen Mitchell --page 3 SUMMARY (1) County cannot pay any fee to the County Clerk for recording appointments or dep- utations of deputies. (2) County Clerk is entitled to a fee of fifteen.(l5#) cents for each 100 words from‘the'deputies for recording their appointments or deputation; said fee t,o be deposited in the Officers' Salary -'und.