Texas Attorney General Opinion: MW-163 Page: 1 of 3
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The Attorney General of Texas
April 8, 1980MARK WHITE
Attorney General
Supreme Court Building
P.O. Box 12548
Austin. TX. 78711
512/475-2501
701 Commerce, Suite 200
Dallas, TX. 75202
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905
915/533-3484
723 Main, Suite 610
Houston, TX. 77002
713/228-0701
806 Broadway, Suite 312
Lubbock, TX. 79401
806/747-5238
4313 N Tenth, Suite F
McAlen. TX. 78501
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerHonorable George W. Strake, Jr.
Secretary of State
State Capitol
Austin, Texas 78711Opinion No. MW-163
Re: Fees charged by Secretary of
State.Dear Mr. Strake:
You request our opinion advising you which statute or statutes
prescribe the fees to be charged by your office in each of the following
situations:
la Furnishing uncertified copies of financing
statements filed with the Secretary of State pursuant
to Chapter 9 of the Texas Business and Commerce
Code.
lb Furnishing certified copies of the same.
2a Furnishing uncertified copies of articles of
incorporation filed with the Secretary of State
pursuant to the Texas Business Corporation Act
2b Furnishing certified copies of the same.
3a Furnishing uncertified copies of any agency
record of the Secretary of State.
3b Furnishing certified copies of the same.
There are several statutes which establish fees to be collected by your
office for furnishing documents. See, e.g., V.T.C.S. arts. 3913, 3914; Bus. &
Comm. Code SS 9.407(b); 35.06. The Secretary of State's office is also
subject to the Open Records Act, V.T.C.S. article 6252-17a, which states in
section 9 that the cost of noncertified photocopies of public records shall
not be excessive. It provides that the Board of Control shall publish cost
figures to aid agencies in determining charges under the Act. However,
where another statute sets a fee for providing a specific document to a
member of the public, your office should charge the statutorily established
fee and not use the fee schedule prepared by the Board of Control Attorneyp. 522
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-163, text, April 8, 1980; (https://texashistory.unt.edu/ark:/67531/metapth272008/m1/1/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.