, . 

NE GENE 

EXAS 

June 30, 1953 

Hon. James A. Bethea, M.D. Opinion NO. s-61 

Executive Director 

Board for Texas ,State Hospi- Re: Legality of a District 

tals and Specia.1 Schools Att,orney receiving a 

Austin, Texas 10% cornmIssion on collecti,ons on any account 

due for board and treatment when payments are 

to be made in monthly 

installments under subDear Dr. Bethea: mitted contracts. 

Your opinion request of May 27th concerns the 

legality of a District Attorney receiving a 10% commission on cpllections on an account due for board and 

treatment when payments are to be made in monthly installments~ under the submitted contract. 

The District Attorney of Hill County filed suit 

under Article 31,96a, Vernon's Civil Statutes, on behalf 

of the State,, acting through the Board of Texas State 

Hospitals and Special Schools against the guardian of 

a State hospital patient for $6,540.00 due the State for 

board and treatment of the patient. In consideration of 

the State dismissing its pending suit against the guardian, 

the guardian agreed that the above amo~unt was due the 

State, that $l,OOO.OO should be paid immediately on the 

account. and that $rO.OO would be paid each month to apply on the balance of the above amount due the State. 

Section 5 of Artiale 3196a, V.C.S., reads as 

follows: 

"Upon the written request of the State 

Board of Control the.County or Dis,trict Attorney, or in case of the refusal or inability 

of both to act, the Attorn,ey General, shall 

repre~aent the State in filing a claim in 

Probate Court ora petition in a Court of 

competent jurisdiction, wherein the guardian 

of such patient and/or other person legally 
Hon. James A. Bethea, page 2 (s-61) 

liable for his supp,ort, may be cited to 

appear then and there to show cause why the 

State should not have Judgment against him 

or them for the amount due it for the support, maintenance, and treatment of such 

patient; and, upon sufficient showing, 

judgment may be entered~ against such guardian 

or other persons for the amount found to be 

due the State, which j,udgment may be enforced 

as in other cases. A verified account, sworn 

to by the superintendent of the respective 

hospitals or psychopathic hospitals wherein 

such patient is being treated,~ or has been 

treated, as to the amount due shall be sufficient evidence to authorize the Court to 

render judgment therein. The County or District Attorney representing the Statue shall 

be entitled to-a commission of ten (10) per 

cent, of the amount collected. All moneys so 

collected, les,s.s'uch commis,slon,,~ shall be, 

by the said attorney, paid to the State Board 

of Control, which shall receive and receipt 

for the same and shall use the same for the 

maintenance and improvement of said institution or institutions in which said patient 

shall have been confined," 

This article clearly authorizes the District Attorney to represent the State in filing a claim, and provides that such District Attorney shall be entitled to a 

commission of lO$ of the amount collected. 

There being no q,ue,stion raised concerning the 

right of the District Attorney under the above mentioned 

statute to receive a 10% commission on the $l,OOO.OO when 

collected, we come to your inquiry whether he is entitled 

to such commission on the $10.00 to be paid monthly on 

the balance of the amount due the State under the contract. 

It is clear, we think, that a District Attorney 

receives commissions only on the amount actually collected. Therefore, it is our opinion that a District Attorney would be entitled to a 10% of the $10.00, or so 

much thereof as may be actually collected, each month, 

when it has been paid in money to some officer authorized 

by law to collect it. 
Hon. James A. Bethea, page 3 (s-61) 

Section 5 of Article 3912e,, V.C.S., provides 

that it is the duty of officers to charge ,and collect 

such commissions, and further states that "as and when 

such fees are collected they shall be deposited in the 

offIcerat salary fund. . .' Alao see Tex. Const. Art. 

XVI, Sec. 61. 

'The District Attorney of Hill County 

will be entitled to receive 10% oommiasion 

on the $10.00 to be paid monthly on a 

State hospital board and treatment account 

due the State, as provided in a contract 

with the guardian of a patient, when the 

$10.00 is actually collected, such commis-, 

sion to be depos~ited in the County Officers' 

Salary Fund of Hill County. 

Yours very truly, 

APPROVED: 

Rudy G. Rice 

State Affairs Divis$on 

C. K. Richards 

Reviewer 

Burns11 Waldrep 

Executive Assistant 

John Ben Shepperd 

Attorney General 

JOHN BEN SHEPPERD 

Attorney General 

William M. King 

Assistant