AUISTXN. ‘TEZKAS 78711 

-wl?oxw c. MARTIN 

Aq-ro- aENOctober 20. 1969 

Honorable J. W. Edgar 

commissioner of Education 

State Department of ~- . . 

Opinion No. M-496 

Re: Section 3A of Article 

Education 

Austin, Texas 78711 

6252-17, V.C.S., requiring 

the posting of notice of 

Dear Dr. Edgar: 

open meetings insofar as 

relative to school boards. 

in your request for an opinion you state the following: 

"Senate Bill 260, Chapter 227, Acts 61st 

Legislature, Regular Session, 1969, among the 

changes, amended Article 6252-17 by adding 

a Section 3A which requires a timely posting 

of notice of open.meeting(s) of a governmental 

body. 

"Section 3A, .insofar 'as relative to school 

districts, reads as follows: 

(a) Written notice of the date, place and 

subject of each meeting held by a governmental 

body~ shall be given before the meeting as 

prescribed by this section. 

. . . 

(e) The governing body of a school district, 

. ..shall have a notice'posted at a place convenient to the public in its administrative office 

and, shall also furnish, this to the county clerk or 

clerks of the county or counties in which the 

district . ..Is located. The county clerk shall 

then post the notice on a bulletin board 

located at a place convenient.to the public in 

the county courthouse. 

(f) Notice of a meeting must be posted fqr 

at least the three days preceding the day of the 

-. 2373 - 
Hon. J. w. Edgar, Page 2 (M-496) 

meeting. However, in case of emergency or urgent 

public necessity, which shall be expressed in the 

notice, it is sufficient that the notice is posted 

before $he meeting is convened or called to order. 

"This Agency has orally been advised by 

several school districts throughout the State 

that copies of notice of-meeting forwarded pursuant to Section 3A(f) to the county clerk(s) 

for posting are being returned to the district 

with information that it would be necessary for 

the notice to be accompanied by a $3.00, sometimes 

$2.00 posting fee. Such practice is giving 

concern to some districts who find no requirement in 

the law itself for payment of a posting fee and the 

posting timely required has thus not been met. 

Some school districts extend into three or more counties 

and the cost of posting timely a notice of meeting monthly or oftener can become-quite a financial 

burden. 

"We have found no item.:in Article 3930, as 

amended in 1957,:or inany.dther statute, which 

lists or fixes a specific..fee forposting--notice of 

meeting. However, there is broad language in the 

last sentence inArticle 3930 which reads: For ; 

such other duties as may be-prescribed by the Legislature, reasonable fees sha&l be charged. 

"Does Section 3A(e) of'Artic3.e 6252-17, as 

amended by Senate Bill 26O;Acts 61st Legislature, 

Regular Session, 1969, which requires a school district 

to furnish the required notice of school board meeting(s) 

to the county clerk(s) and directs that the county 

clerk 'shall then post the notice' subject the 

school district .to any-reasonable fee the county-clerk 

may impose as a prerequisite to posting of same? 

"This Agency as well as many inquiring school 

districts request and would:appreciate an opinion from 

the office of Attorney General on this matter." ' 

does 

Section 3A of Article 6252-17, Vernon's Civil Statute 

not provide for a fee for posting the required notice. 

However, Article 3930 not only~authorizes but requires county 

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Bon. J. W. Edgar, Page 3 (M-49,6) 

clerks and county recorders "... to collect the following fees 

for services rendered by them to all persons, firms, corporations, legal entities, governmentragencies and/or governmental 

representatives..." (Emphasis added.) Thereinafter listed 

under Paragraph (9) of Article 3930 is the following provision 

for those charges not specified in any other statute: 

"For such other duties prescribed, authorized, 

and/or permitted by the Legislature for which no 

fee is set out by this Act, reasonable fees shall 

be charged." 

It is our opinion that Article 3930 must be considered 

in para materia with Article 6252-17 and therefore authorizes 

county clerks to charge school districts a reasonable fee for 

posting the notices required by Article.6252-17. 

By supplemental request you have asked if the $1.00 

fee for posting notices provided for in Articles 3933 and 3933a, 

Vernon's Civil Statutes, are applicable to the notices required 

by said Article 6252-17 and if the county clerk is authorized to 

prescribe the context and form of the notice to be posted. 

Articles 3933 and.3933a apply only to Notices to be posted by 

sheriffs and constables. Such statutes are not applicable to 

fees for notices posted under the provisions of said Article 

6252-17, and this statute does not empower the county clerk to 

prescribe the context and form of such notices. 

SUMMARY ------- 

Article 3930, Vernon's Civil Statutes, 

authorizes county clerks to charge school districts 

a reasonable fee for posting the notices required 

by Article 6252-17, Vernon's 

MARTIN 

eneral of Texas 

Prepared by Jack Sparks 

Assistant Attorney General 

-2375* 
Hon. J. W. Edgar, Page .4 (M-496) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Xelton, Vice-Chairman 

Harold Kennedy 

Bill Allen 

Gordon Cass 

Jim Swearingen 

MEADE F. GRIFFIN 

Staff Legal Assis$ant 

BAWTBORNE PHILLIPS 

Executive Assistant 

NOLAWHITE 

First Assistant