No. V-0021 (1947).

• Case Date: January 30, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0021 (1947). 1January 30, 1947Mrs. Aillen MitchellCounty AuditorFort Bend CountyRichmond, TexasOpinion No. V-21Re: Authority of County 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 matter is as follows:

"The question has arisen in our County as to whether or not it is legal, under the law for the County Clerk to charge a registration fee for recording deputations such as the Sheriff's and Tax Assessor's deputy commissions.

"We have several new deputies in these offices for this year and we would appreciate your advice and opinion as to whether we should charge a recording fee for placing their deputations on record."

Fort Bend 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 Texas any fees or commission for any service performed by him; nor shall the State or any county pay to any county officer in any county containing a population of twenty thousand (20,000) inhabitants or more according to the last preceding Federal Census any fee or commission for any service by him performed as such officer; provided, however, that the assessor and collector of texes shall continue

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to collect and retain for the benefit of the Officers' Salary Fund or funds hereinafter provided for, all fees and commissions which he is authorized under law to collect; and it shall be his duty to account for and to pay all such monies received by him into the fund or funds created and provided for under the provisions of this Act; provided further, that the provisions of this Section shall not affect the payment of costs in civil cases by the State, but all such costs so paid shall be accounted for by the officers collecting same, as they are required under 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...