**AUISTXN. ‘** **TEZKAS 78711**  **-wl?oxw c.**  **MARTIN Aq-ro-**  **aEN**

October 20. 1969

Honorable J. W. Edgar commissioner of Education State Department of ~- .. Opinion No. M-496
Re: Section 3AofArticle 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. inyour 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 3Awhich requires a timely posting of notice of open.meeting(s) of a governmental body."Section 3A, .insofar'asrelative 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,

...shallhave a notice'posted at aplace convenient to the public in its administrative office and,shall also furnish,this to the county clerk or clerks of the county or counties inwhich the district...Is located. The county clerk shall then post the notice on a bulletin board located at aplace convenient.to the public in the county courthouse. (f)Notice of ameeting 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 toorder. "ThisAgency 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) forposting are

### beingreturned to the district with information that itwould be necessary for the notice tobe 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 ormore counties and the cost of posting timely a notice ofmeetingmonthly or oftener canbecome-quite a financial burden.
"Wehave found no item.:inArticle 3930, as amended in 1957,:or inany.dther statute, which lists or fixes a specific..feeforposting--notice of meeting. However, there isbroad language in the last sentence inArticle 3930which reads: For ; such other duties asmay be-prescribed by the Legislature, reasonable fees sha&l be charged.
"Does Section 3A(e) of'Artic3.e6252-17, 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) anddirects that the county clerk 'shall then post the notice' subject the school district .toany-reasonable fee the county-clerk may impose as a prerequisite to posting of same? "ThisAgency aswell asmany inquiring school districts request andwould:appreciate an opinion from the office of Attorney General on this matter." '

does Section 3AofArticle 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

-2374- :Bon. J. W. Edgar, Page 3 (M-49,6)

clerks and county recorders "...to collect the following fees for services rendered by them to allpersons, firms, corporations, legal entities, governmentragencies and/or governmental representatives..." (Emphasis added.) Thereinafter listed under Paragraph (9)ofArticle 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 forwhich no fee is set out by this Act, reasonable fees shall be charged."
It is our opinion that Article 3930must be considered inpara materia with Article 6252-17 and therefore authorizes county clerks to charge school districts a reasonable fee for posting the notices required byArticle.6252-17.

By supplemental request you have asked if the $1.00 fee for posting notices provided for inArticles 3933 and 3933a, Vernon's Civil Statutes, are applicable to the notices required by saidArticle 6252-17 and if the county clerk is authorized to prescribe the context and form of the notice tobe posted. Articles 3933 and.3933a apply only toNotices tobe 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 byArticle 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 BillAllen Gordon Cass Jim Swearingen
MEADE F.GRIFFIN Staff Legal Assis$ant
BAWTBORNE PHILLIPS Executive Assistant
NOLAWHITE First Assistant