OFTEXAS 

Gerald C. Mann 

Hon. win. J. Lawson Opinion No. O-4917 

Secretary of State Re: Whether amendment to charter of 

Austin, Texas Dallas Railway & Terminal Company should 

be submitted to Attorney General’s DeAttention: 

Abner L. Lewis 

partment for examination and approval, 

and amount of filing fee Secretary of 

State is authorized to collect for filDear Slrr ing said amendment. 

Your request for an opinion on the above stated matter 

has been received and carefully considered by thi? department. 

We quote said request as follows: 

“We submit to you herein the entire file and 

the papers constituting an amendment reducing the 

capital stock of the above captioned corporation. 

This file is sent to you under Article 6263 of the 

Revised Civil Statutes. 

“In conference with Mr. Robert B. Hincks, attorney for this corporation, he informed me said 

corporation is not a railroad corporation, but 

operates street railways In the city of Dallas, however, from the statement of balances which we also 

attach hereto it will be observed that they also 

operate the Interurban Terminal and designate throughout the report the operation of railways. 

“Please advise this department whether or not 

this amendment should properly come before your department for recommendation in accordance with said 

article and if so let us have a certificate of your 

action in connection therewith, Second, in either 

event will you please advfse us the amount of filing 

fee the Secretary of State is authorized to collect 

in connection with the filing of this instrument .I’ 

Article 6263 referred to by you deals only with Articles 

of Incorporation of railroad corporations, therefore, since the 

statement of Mr. Robert B. Hincks, attorney for Dallas Railway and 

Terminal Company, referred to in your letter, as well as the statement of the operations of said company attached thereto shows 

that the Dallas Railway & Terminal Company Is not a railroad corporation but was evidently incorporated under the provisions of 
Hon. Wm. J. Lawson, page 2 (O-4917) 

subdivision 21 of Article 1121 of the Revised Civil Statutes 

of 1911, now subdivision 67 of Article 1302, it Is not necessary that said amendment of the charter reducing the capital 

stock of said corporation should be submitted to this department for examination and approval. 

Article 3914 is in part as follows: 

“The Secretary of State is authorized and required to charge for the use of the State the following other fees: 

“Upon filing each charter, amendment, or supplement thereto of a channel and dock, railroad, 

magnetic telegraph line, street railway or express 

corporation, a filing fee of Two Hundred ($200.00) 

Dollar se’* 

It is the opinion of this department, therefore, that 

the amount of a filing fee the Secretary of State is authorized 

to collect in connection with the filing of this amendment is 

the sum of Two Hundred Dollars ($200.001. 

We herewith return to you the file sent to us in connection with your request and trust that this satisfactorily answers your inquiry. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By /s/ Jas. W. Bassett 

Jas. W. Bassett, Assistant 

APPROVED OCT 27, 1942 

/s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

APPROVED: OPINION COMMITTEE 

BY: BWB, CHAIRMAN 

JWB:mp:wb 

Encl.