**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

t!onorublo

John ii.

Szlth County Auditor Ml0 i:lLIto,

County Palo finto, Texus

Gear sir:

questi~ an o2inio.n of th following lncuiries:

c&'&n fees have ollector for prforClerk and Tax Cole gnid to tke Couuty titled to then?"
St Cuotod paTaQ'aph of leotloa **0r** delinquent **hat** this departmnt in o. 6, of ths ':onthly ptanlbcr,

1639, has disEIIC~OS~S~

hcXWAth a ra.your second ?Luestion roparly clnsslfiedas thoss years the offlcers were subjeot to the mxlnun fea statute.

In aonsiderlngyam first inquiry,wa have datertincd that the poyulztionof :a10 Ilntc County Cdto novor in its history b+en o~ual to or in 3xcess of 25,000

### El!31

Honorable John E. Smith, pa@ 2

inhabitants. Accordingto your letter, such countyhas always operntsdunder the fee law sinoe its earrctm9nt. **Ee** find, toxovcr, **that** the 1910 Federal census cevc ~a10 Pinto County a populationof 19,500 inhabitants. This population census is 1m;ortantas It had the effectof ohan&2 the classification of t~he officers of :;a10

Finto County, requiring then to make the reports and k~epthe stotoments,bringingthem under the operation of the maximum fee law. (SeeArt1016 5681, R.C.S. 1911).

EffectiveDecember 1, 12S7, the 25th Legislature enactedwhat is knovm es the ::arinur~. Peo Statute, being chapter 5 of the Coneral Lav?~ of Texas, First CalledSession, kotr of 1697, fixinc, and limltin~ ttie **f6e5** af the officers nazed in zection 10 **tbsreof.** In Section 11 of this hot, It was providedthat all **fees** collectedin ex- .COSO of the maxlrnz~

amount allovitd

therein to the officers for their servicesand for the services of their deputies and assistantswere to be paid to the county treasurer, prooide~d

that where any offioerdid not collecthis mexiz~ amount for any fi3cAl yenr, and who reported delinquent fees; ho IUS entitledto retainwhen collected,such part as sufficientto completethe maximum compensatfonfor the year In which delfliquent fees were chargad, and also rettin the one-fourth of the excess belongingto hi:?.

Friar to the effectivo.date of this Act of.1297, all the officer6 named.therein were allmod to retain all their fees authorizedto be collected. 8ince tbe cffootivo date of said dot, hozever,the I,e@lature has seen fit to limit and fix the maximu? amount of rees such officersmay ~,r,etain,

confiningthe smallor counties or thoso with popu- .Latlonless than 2'5,000 under the iorrer

bracket. ?he maxi-

- mum mount of fees each officer named was allowed to retain, was changed fro3 time to ttnlo by subsequent Legislatures, with that portion fixed as **EI.I** allowance of excess fees increased from one-i'ourth to one-third by the Slst LeClslature, ~' nets 1950, 4th Called 3ession, Ch. 2O.(Ses Article 2891,

. V.i.C.S.)..

vndcr the aforcraentioned Aat of lES7, counties having a populatronof 15,000 or less, ho.zover, were by operation of the provisionsof Section 17 of th8 ;rctexengted from cor&15 ucdor its provisions. Section 17 NBS carried forward it the Revised Civil statutes of Texas, 1911, as Article 3866.

### 892

Honorable John H. Smith, pace 3

hy the Acts of 1913, 33rd L;oSisl;iturc, th. 121, the provisionallowi~15 the exeqtion of coutles of 15,000 or less inhabitants was cmx~Ced,80 as to eseqt all counties of Z5,OOO or loss inhabitants, the poQulstl0nt.o

be detemined by the 1910 Federal CJSSUS. This ?,ctwAsclfec

## tivo SeCmber 1, 1Clln. See CameronCounty vs. %or (Corn. rAFp.) 61 S. ':i.

(25) 433, nff. 42 S..li’

. (213) 653; ?:oorzxm **VS.** Tarill, 109 Yex. 173, 202 8. ir. 727.
In 1919, the 36th Le&lslsture, Acts 1919, Cha?ter ISa, repeulaa .'lrtiole-3a98, aeviscd statutes, 1911 (Ocction 17 Ch. 5, acts 1597 lst,C. S. 25th Lc3.) the effect of which vi'rls

to bring the officsrs of countieswith populction of 25,000 or less within the operationor tha ::axizwz Fee Law. This Act was effectiveJune la, 1919..

I:o%-ever,

the 38th Legislature,Acts 1923 Chiipter 181, reenacted tho provisionsof Article 3SQb, 3evIeed Statutes, 1911, ropevled by the 36th Legislature, the effect of' which operate6 again to exe@ the offlccrs,except district attorneys,of countieshwing a populationof 25,OCO inhabitants or less &ccordinG to the last United States census. This luw WZIS

effeotive 'June

13, lQ23.
AS to the period from June 18, 1919, cozpletirg the fiscal year, this departzontheld in en opinionrenOered **by Em.**  **Erwm** 3ryac;t, lain;: Zo. 2191 in book 54, pace 19 of the Biennicl itenorta of the ;AtorncyGenera, 1918-20 tbot all officersv;ci~e

placed under the Ililxizxu~~ fee provisjons and nust rrzke

their reports end keep t&c stotezxntsfor the umxpirad portion of that fiscal ysm endinfhovE13tor 3O, 1923. It vmla by analog follosf that with the reenactment of this provisionby tho'3Sth Ler,islsture, a reportwould have to **be** za0e SIXI the statementskept covaricgthat portion oi'

the fiocal. ear u to Jrtlle 13, 1923, when the offi**cers** IiPed in uticfe 38d -3586 in countieshaving s population of 25,000 or less inhabit&de were not subjectto the ~axim~21

m3 stetutes. EffectiveJanuary 1, 1931, the 41st I&iSlature, Acts 1930, 4th C. S., Ch. 20, rcpezledUilcle 3900, ?.evised civil statutes 1925, and axendoavarious provisionsof the Z:aximm Fee Lax end pastimlarl~the provisia~~s of this Aot operatedupon and brought bnck under the ~~~xi~u~ F'ce Lsvr, all counties of the lowr bracketwhose population wv3.s less tbvl 25,000 en8 rcc_uired the reports of cl1 officersof such counties. Since Jonwry 1, 1931, nil officersruxe6within the ~vevi~lo~sof said .'ict and amn?.nents,in countiesvxith the 6x10 po7ulztion status a3 i‘alo Sinto, have beer.

subjectHonorable John H.

to tha provlslons have been and a??

. _ of the Xaximm Fee Law, and such offloers

re uired to make the rcporta and keep the statementsproviaed 4IIthe law. Se0 Articles 3891, 3892, 3297,Vernon’s Annotated Civil Statutes, end Artioles 3896, 3898 and 3899, Revised Civil Statutes 1925, end amndatents.

Smith,’ paSe 4

Palo Pinto Couaty,having a populationof leas than 20,000 Inhabitantsaocording’tothe 1930 Federal census, and continuingto oo.Dpessate its officora on the basis of fees earsed, such county would not be affected b Aots of 1935, 44th LeSlslature,2nd C. S., E the solary bill, h.465, end amndraents. (Artlole39126, Seo. 1 et seq. Yernon’sAnnotated Civil Statutes.)

,:It is therefore,the opinion of this departclent that all.

,‘cXiicera naxed in the :Iaximm Fee Acts in .oounties v&o53 populationstatus of prior years take that of Falo Pinto County, and whore the officers have remined ooslpensated on an annual fee basis, were authorized to retain all their legal fees oolleotedwithout regard to the mtxinus and exoess linits authorizedby the l~aximmi yee Statutes, for all years previous to January 1, 1931, exoe?tlngthe periods iron tho publicationof the 1910 Federal census to Deotmber 1, 1914, when the populationof ?a10 Pinto County was shown to be in exoess oi 15,000 inhabitantsand the period from June 18, 1919, to June 13, 1923, when the reenaotedArtiole 3898, Revised Civil Statutes, 1911, becazze effective, (See Article 3900, R.C.S. 19251 during which tizze the of’fioers

of such oountieswere subjeot to the Xaximm Fee provJ.sions. The fees earned duriag such years, when collected,should be paid direct to the officerswho earned than.

Years very truly ATT0

BY.

ATTORCEYGElZFtAL

OF TEXAS