OFFICE OFTHE ATTORNEY GENERALOFTEXAS 

AUSTIN 

/’ 

Boa. l?llllm It, Alleo 

Couut# Atitox~ 

IaV8e8 00uRtJ 

fiollott Iwill ) 

kax Bix: 

Texae 

w opllaon Ho. 

Rer 2rty Ork tees 4 of err 

(%‘t 

- 80 ea. 

request r ipi 

09 

n the fr~llowl~ 

tl-3 soope ellu 

as Urawl~ uy 011 

aparing and aopyiiag 

contraots ox 

y Clerk, where 

aide ai the mope OS hir 

00, 5wh fee8 na chm.lU be 

to the hunty or do such taes 

Clerk Individually? 

~&~i$fir mwmw 1s Chat nuoh fees belong 

ty Clerk individuallg, then would 

t?xm be alttsrod if such work ns Ur 

tailed above Isera porfomd with labor pnl6 

for by the %uuty, and iohera blllr were xenderd t0 ths rMiipifiRt&3 Or OUOh &IWV~OW 011 

steteaent rams a!? mloh cowlty Ulerk?' 

has been reosired by this clepnr%iwnt. 
Han, Wllllaa W. Allen, June 14, 1939, Pago 8 

The Offioer*u 8alar Law ot the state or Tepepas 

is appllaable to the aounty 0 f srlt or Lavaor County, Tam& 

Beation 8 of Artlole 591& Revleed Civil Skfates of Texsm provldea that It shali be the duty of all 

offlosn to charm and oolleot in the manner authorized 

br lau all fees and ocmiseions whioh are permitted by 

Law to be aesemsed and oolleofed for all oril~laL?~~rvlosa pcrioxasd by thorn.. As and when such roar, am oollooted they shall be dspoalted ln the OfTirnQ l3alarf 

?und, or fund8 provided in the sot. 

On Auuumt 8, 1934, this department held in an 

opinion by ZTon. Jullus I'. Fmmkl, Aosiatant Attorm~ Oenera& that the county clerk may aharge for servioes performed by request, not part or the duties 0r his orri0e, 

provided that the samlces m randerail did not oanillot 

with hi0 0rrf0iu dutlea. 

Opinion no. O-59 or this dapartment holds that 

It is pexmisslble ,ror a oounty treasurer to aooept gempensation for servloes rendered beyond the duties of hla 

office where the parfomanoe or suoh sorvioes oalled for 

18 clearly not wlth:n tho aoopo of hla ofriolal dutlrro 

or the office whioh ho holds. 

The drawinK up of 011 and @is mineral leaseE, 

lrritin& deeds, oontractn or lep,&l doouments, is outside 

Or the 6OOpe Or the dUti0B Of th% OOUKIty 01~41% The Emklng of abstraots or title Is outside 0r the soopo br the 

orrloinl duties of the county olerk. The preparing and 

oopyinrj of field notss ray or may not be servioes within 

the soopo of the dutieo of the 0rr’fiae 0r the aounty olerk; 

the inots in each aase ~111 dotermine this question. 

The oounty olerk lma no authority to use oounty 

employoeo paid by th& oounty to perform aeniaes outside 

oi the soope or the duties of the offion 0r oounty olerk, 

Labor raid for by the oounty tihould not be used by the 

olork in the perromanoe of aotivities outulde of the 

saope 0r the duties 0r his offioe. 
‘Hon. wlllb~ W. bllen, June 14, 1939, Pa@ S 

you are therefore respeotrullJ advlaed that it 

I~I the opInl?n of this depart&mat that it Ls the duty oi 

the oounty olerk to oham a!kl oolloot Xn the uamar 

authorized by law all fees and aomIssIons wbIoh are per 

mitted bylaw to be as~eased and ccllected ior all officIal aerviaos perromed by him and that as and when such 

iem8 ase oolleoted theJ &all be deposlteb by the county 

clerk In the Offlqer’s Salary Fund of the oouut 

funds provided in the salary not, You are furt or advised 

tb or 

that it Is the oplnIod of this demrWent that& oounty 

olerk may oharge and aolleot far services perfoamed by 

rqm3t, *ioh l m not part 0r the duties 0r his ofrim, 

provided that the services so rendered do not oonflict, 

with his oftlola duties and are not in violation of law. 

You are further respectfully advIoed Clot it I8 the opiaIon of this depnrtnent thrlt tha oounty clerk has no auttiorlty to use the labor paid for by tho county in tl)e perforcanoe of aatlvities of the clerk outsit-lo the soope of his 

orricial duties 2J 

?rustln~ that this answers your inquiry, we 

are 

Vory truly yours