Texas Attorney General Opinion: V-601 Page: 1 of 2
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P "rO TEXAS
PRICE DANIEL AUSTIN 11, TEXAS
June 7, 1948
Hon. Leroy L. Moore
County Attorney, Houston County
Crockett, Texas Opinion No. V-601
Re: The fees of County
Officers to be
charged as costs in
delinquent tax suits
brought by delinquent
Dear Mr. Moore:
In your letter of May 20, 1948, you request
an opinion upon the following questions:
"Houston County has awarded a contract for
collection of delinquent taxes to outside attor-
neys. Under a contract of such nature for what
officers of Houston County should fees be charged
as a part of the costs in each such suit? Also,
state amount each officer entitled to such fees
is to receive."
We think the answer to your questions is
found in the specific provisions of Arts, 7332 and
7335-a, V.C.S. From an examination of these statuto-
ry provisions, the simple answer is that the fees pro-
vided by Art. 7332, shall apply to all officers enum-
erated in said article in delinquent tax suits initiat-
ed and prosecuted under a delinquent tax contract with
an attorney, except the County or District Attorney.
By the specific terms of Art. 7332 and 7335-a, these
officers are excluded as to the fees enumerated in Art.
7332 in delinquent tax suits filed by an attorney under
contract with the Commissioners' Court.
Art, 7332 provides in part as follows:
"...and provided further that the County
Attorney, Criminal District Attorney or District
Attorney shall not be entitled to the fees herein
provided for in instances where such delinquent
H'I]E ATOR~EY GENERAL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-601, text, June 7, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265420/m1/1/: accessed March 22, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.