Texas Attorney General Opinion: WW-70 Page: 3 of 5
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Honorable E. C. Grindstaff, page 3 (WW-Sf)
"The fact that the Officers' Salary
Funds in most of the counties of Texas
are inadequate and insufficient to take
care of the expenses of the officers
affected hereby, thereby placing an
extra burden on the already overburdened
general funds of such counties, creates
an emergency.
If Officers' Salary Funds are already inadequate, it
is evident that the Legislature intended to remedy this situa-
tion, rather than permit a reduction in permissible fees. In
this connection, we call your attention to the fact that in
most instances the amount of each fee has been increased by
this latest legislative action. You are therefore advised
that County Clerks have no discretion as to the amount of fees
but must charge the amount stated in Senate Bill 237.
With regard to the fee that can be charged for filing
a notarial bond and qualifying a notary, you asked whether
when the oath is administered by another official qualified to
do so before the bond is filed with the County Clerk the fee.
would be less than $2.00. You state that the present charge
for filing and approving a notary bond is now $1.60; One
Dollar for the Commission (paid to Secretary of State), Fifty
Cents for approving the bond and Ten Cents for filing.
The bill contemplates that the County Clerk will
perform all the. official dutiesthat are tojbe performed at
the County Courthouse level in connection with an application
for a notary public's commission; for it has set one maximum
fee for "Approving and filing a notarial bond and qualifying
notary public." The maximum fee which may be charged by a
County Clerk in connection with a notary public's commission
is $3.00; $1.00 for the commission (collected for the Secre-
tary of State) and $2.00 for "Approving and filing notarial
bond and qualifying for a notary public."
The next question is whether the ten cents charge
which the bill states shall be made for indexing each name
on any instrument required or permitted to be filed, recorded
or registered in the office of the County Clerk is intended
to be an additional charge in excess of the recording and
filing fee. You are advised that this fee is in addition to
the other fees set for recording or filing.
You then ask should two charges be made if the
grantees in a deed were John Doe and wife, Mary Doe, and if
it were indexed John Doe,et ux. The ten cent fee is for
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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/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.