'TaE,~mrol~n~E~ GENERAL 

OFTEXAS 

GERALD C. MANN AUSTIN a,.TRXAn 

ATr"'RNRY G~NxmcAL 

January 28, 1939 

Hon. Joe Gordon 

County Attorney 

Gray County~ 

Pampa, Texas 

Dear Sir: Opinion No. O-198 

Re: Collection of county debts 

by attorneys 

Your request for an opinion upon the following question: 

"Whether or not a private lawyer, Who also happens to be 

county attorney, under a contract with the Commissioners' Court 

Bs a private attorney, may retain 10% attorney's fee forcollecting vendor's lien note stipulated In said vendorls iien 

note as attorney's fee, said vendor's lien note being given in 

part payment of school land, which had been placed‘in his hands 

for collection by the Commissioners' Court of his county?" 

has been received by this "epartment. 

In your letter, you further state that as -County Attorney of' Gray 

County, you are paid on a salary basis as provided by the Officer's 

Salary Law and that you are required to pay all commissione and _ 

fees of office to Gray County as FrOVfaea by said Officer's Salary 

Law. You further state that Gray County sold its school land as 

provided by Article 2824, Revised Civil Statutes of Texas and 

Article 7, Section 6 of the Constitution of the State of Texas, 

and that the county took in payment therefor a vendor's lien 

note secured by a lien retained In the deed of conve 

8 

ante. That 

the debtor bectie delinquent and the Commissioners' ourt of. 

Gray County placed the note in your hands for collection and that 

you, ln'the capacity of a private attorney and not as an official 

and not as county attorney of Gray County, made and entered into 

a contract with the Commissioners 1 Court of Gray County whereby 

said court agreed to pay you the 10% attorney's fees stipulated 

in the vendor's lien note. You further state-that you collected 

the indebtedness including principal, interest and interest on 

delinquent interest from then debtor, and in addition there,to, a 

10% attorney's fee provided for in said note. You further state 

that you did-not retain the 10% thereof as a commission which you 

would have retained if,you had.been actin 

8 

as an official as was 

authorized by Article 335 of the Revised lvil Statutes of Texas, 
Hon. Joe Gordon, January 28, 1939, page 2, o-198 

to be retained as a fee and to be paid to the Officer's Salary 

Fund of the county. 

Your contention is, as we see it, that the agreement between 

the court and you was that the note should be placed witin you 

as a practising lawyer rather than as an official, that the 

collection of the vendor's lien note was not a duty required 

of you by law as County Attorney and that, therefore, the 

Commissioners' Court had power and authority to contract with 

you to collect said Indebtedness as it would with any other 

private,-attorney and pay you the same fee that theywou@l pay 

any other private attorney and that, therefore, you aivl -titled 

to retain the fee stipulated and agreed upon between you~and the 

Commissioners' Court. 

Youare respectfully advised that it is the opinion of this 

Department that you are correct in your contantion and that you 

should be allowed to retain the 10% attorney's fee for collecting 

said note as agreed upon by and between you and the Commissioners' 

Court of Gray County, Texas. It is further the opinion of this - 

Department that the collection of the vendor's lien note abovementioned was not a duty required of the &u.nty Attorney by law 

and that, therefore, Artiole 335 does not apply. 

We enclose herewith a copy of an opinion rendered by Hon. H. 

Gra& Chandler on May 25, 1938, which is deemed pertinent to 

your inquiry. 

Trusting that this answer your inquiry, we remain 

Very truly yours 

WJF:AW/cg 

ENCLOSURE 

ATTORNEY GENERAL OF TEXAS 

s/ Wm. J. Fan&g ^ ~'~ 

Assistant 

APPROVED: 

S/ Gerald C. Mann 

ATTORNEY GENERAL OF TE%S