Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1958
Status
Published
On the bench
Will Wilson
Cited by
0 cases

The opinion

October 2, 19%

Honorable Robert S. Calvert

Comptroller of Public Accounts

Capitol Station

Austin 11, Texas Opinion No. wti-~a

Re: Authority of the Comptroller

to issue a warrant in payment

of a recording fee in order

to record the Agriculture

lease on lands purchased by

Dear Mr. Calvert: the Veterans' Land Board.

You have requested an opinion concerning the authority

of the payment of a fee to the County Clerk of a salaried county

for recording an agricultural lease on land purchased by the

Veterans' Land Board. The Veterans' Land Board requested that

the payment of the recording fee to the County Clerk be paid out

of funds in the State Treasury comprised of money collected ur-

suant to the following provisions of Section 21 of Article 5E 21m:

"The Board Is further authorized and re-

quired to charge and collect for the use of the

State the following fees for the processing and

servicing of purchase applications and Contracts

of Sale and Purchase and matters incidental

thereto. Any such fees, or a portion thereof,

which In the opinion of the Board are.unused

shall be refunded.

II

. . .

‘“7 . Service fee for each Contract of

Sale and Purchase . . . . . . . $25.00

“All money8 received by payment of the above

fees and not re$Izndedshall be deposited in the

State Treasury and credited to the Veterans' Land

Board Special Fund, and aaid Fund ie hereby appro-

prlated to the Veterans' Land Board to be wed

as It deems necessary to pay any expenses of the

Veterans' Land Board, Including salaries, ln-

Honorable Robert S. Calvert, page 2. m-508)

creasing of salaries, or travel expenses

of the employees of the Veterans' Land Board,

or employees of the General Land Office .dolng

work with the-veterans' Land Program, pro-

vided;however, that such'salaries, or ex-

penses, shall be in line with the salaries or

expenses paid to similar employees of other

State departments performing similar duties."

The contention of the Veterans I Land Board.ie stated

in a letter ,to the Comptroller's Office dated August 21, 199,

as follows:

"The Veterans' Land Board, by necessity,

must correct errors in deeds and forty-year

contract8 when such errors are ~discoveredduring

the life of the contract. The method In correct-

ing such errors is by means of a corrected in-

strument which must be recorded in the County

where the land is located. It is the opinion of

this office that the $25.00 servlce.fee Is set up

specifically under Article %21m, Section 21;

Vernon's Civil Statutes for the payment of the

recording fee for recording the corrected lnstru-

ment and for the payment of other necessary ex-

penses of servlaing the Veteran!8 contract.

"Under the above referred to Article %21m,

Section 21, Vernon's Civil Statutes, the $25.00

service fee is, quote, 'deposited in the State

Treasury and credited to the Veterans' Land

Board's special fund, and said fund is,hereby

appropriated to the Veterans' Land Board to be

used as It deems necessary to pay any expenses

of the Veterans' Iand Board."'

If the recording fee were.a legal expense,of the

Veterans' Land Board, the service fees appropriated by the Lagis-

lature could be expended for this purpose. However, Sections 1

and 3 of Article 3912e, Vernon's Civil Statutes, specifically

prohibit the payment of such fees. Section 1 states that "nor

shall the State . . . pay to any county officer . . . any fee

or coplesion for any service by him performed as such officer

. . . (Exceptions not applicable)., Section 3 provides

"neither the,State . . . shall be charged with or pay to any

of the officers . . . any fee or commission for the perfort-

mance of any or all of the duties of their offices . . ."

(Exceptions not applicable).

Honorable Robert S. Calvert, page 3. mi-508)

Since the charge is specifically prohibited by statute,

these instruments must be recorded without any charge to the

Veterans' Land Board. If the Tree!'for rendering the service of

recording these instruments should be construed to be a charge

against the individual rather than the Veterans' Land Board, the

aoney deposited in the State Treasury could not be used for the

payment of personal expenses of an individual. Therefore, you

are advised that you are not authorized to Issue a warrant in

payment of these fees.

SUMMARY

The Comptroller of Public Accounts Is

not authorized to Issue a warrant in

payment of a recording fee for record-

ing an Agriculture lease on lands pur-

chased by the Veterans' Land Board.

Yours very truly,

WILL WILSON

Attorney General of Texas

JR:$l

APPROVED:

OPINION COMMITTEE

Gee. P. Blackburn, Chatrman

L. P. Lollar

Arthur Sandlln

Richard Wells

John Steinberger

REVIEWEDFORTRE ATTORNEYGERERAL

By: W. V. Geppert

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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