No. V-0014 (1947).

• Case Date: February 14, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0014 (1947). 1February 14, 1947Honorable Charles T. BanisterCounty AttorneyNavarro CountyCorsicana, TexasOpinion No. V-14Re: Authority of county tax assessor-collector, or deputies, to retain notary fees for affidavits executed under Section 33 of the Certificate of Title Act, and related matters.Dear Mr. Banister:Your recent request for an opinion reads as follows:

"I have been requested by the County Judge of Navarro County to obtain an opinion from you as to whether or not the County Tax Assessor & Collector of this County and/or his employees can legally retain for themselves (individually, the person taking the acknowledgment retaining all of the 25¢ fee) a notary fee of 25¢ charged each applicant for a certificate of title or re-issuance thereof in addition to the 50¢ provided in Article 1436-1, Sec. 57, Texas Penal Code, in view of Art. 9760, Texas Penal Code.

"The County Judge raises the same question as to a fee of $15.00 charged candidates in election years by the Tax Assessor & Collector and/or his employees for poll lists that have been compiled by the collector and his employees at times other than during business hours.

"The question is on both of the above situations whether such 25¢ notary fee and $15.00 charge for poll lists, if legally chargeable, should be turned over to the County as fees of office, in view of Art. 9780, Penal Code."

2You ask in your request if such fees may be retained in view of Article 9780, Penal Code (House Bill No. 80). In an opinion rendered on November 9, 1945, numbered 0--6908, this department ruled that the provisions of House Bill No. 80, Acts 49th legislature, 1945 (Article 978¢, Penal Code) were unconstitutional. Therefore, your question must be answered within the meaning of Article 7246a, Vernon's Annotated Civil Statutes, and Section 33 of Article 1436--1, Penal Code. Article 7246a, Vernon's Annotated Civil Statutes, provides in substance as follows:

"Sec. 1. The Assessor and Collector of Taxes, Sheriff or Sheriff and Assessor and Collector of Taxes, are hereby authorized and red to administer all oaths necessary for the discharge of the duties of their respective offices and to administer all oaths required for the transaction of the business of their respective offices, provided that in tias containing a population of five

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