Texas Attorney General Opinion: WW-70 Page: 1 of 5
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WILL WILSON
ATTORNEY GENERAL July 31, 1957
Honorable E. C. Grindstaff Opinion No. WW-S
District Attorney
119th Judicial District Re: Effect of various provisions
County Courthouse of Senate Bill 237, Acts
San Angelo, Texas 55th Leg., 1957, ch. 228,
p. 477
Dear Mr. Grindstaff:
You have submitted several questions in connection
with the above-captioned matter which we will consider seriatim.
Your first question is whether the County Clerk
has discretion in fixing the amount of the fees he receives
for official services or whether it would be necessary for
the Commissioner's Court to authorize the Clerk to set the
amount of fees.
Senate Bill 237 amends Article 3930, Vernon's Civil
Statutes, and provides as follows:
"Clerks of the County Court may
receive not to exceed the following fees:. .
Prior to this amendment, Article 3930 provided as
follows:
"Clerks of the County Court shall
receive the following fees:. ."
At first reading it might appear that the Legisla-
ture was attempting to give the County Clerk discretion as to
the amount of the fees up to a certain maximum limit. How-
ever, we have concluded that this is not the proper interpre-
tation to place on this portion of the statute, because such
an interpretation would render the Act unconstitutional.
Section 20 of Article V of the Texas Constitution
reads, in part, as follows:
"There shall be elected for eachcounty, by the qualified voters, a
County Clerk who shall hold his office
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-70, text, July 31, 1957; (https://texashistory.unt.edu/ark:/67531/metapth266679/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.