### OFTEXAS

Gerald C. Mann

Hon. win.J. Lawson Opinion No. 

### O-4917 Secretary of State Re: Whether amendmentto charter of Austin, Texas Dallas Railway &Terminal Companyshould 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 onthe above stated matter has been received and carefully considered by thi? department. Wequote said request as follows:

“We submit to you herein the entire file and the papers constituting an amendmentreducing the capital stock of the above captioned corporation. This file is sent to you under Article 

### 6263of the Revised Civil Statutes.

“In conference with Mr. Robert B. Hincks, attorney for this corporation, he informed mesaid corporation is not arailroad 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 

### 6263referred 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, aswell as the statement of the operations of said company attached thereto shows that the Dallas Railway &Terminal CompanyIs not arailroad corporation but was evidently incorporated under the provisions ofHon. Wm.J. Lawson, page 2 

### (O-4917)

subdivision 21 of Article 1121 of the Revised Civil Statutes of 

### 1911,now subdivision 

### 67of 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 

### 3914is in part as follows:

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

“Upon filing each charter, amendment, or supplement thereto of achannel anddock, railroad, magnetic telegraph line, street railway or express corporation, afiling fee of TwoHundred ($200.00) Dollar se’*
It is the opinion of this department, therefore, that the amount of afiling fee the Secretary of State is authorized to collect in connection with the filing of this amendment is the sumof TwoHundred Dollars ($200.001.

Weherewith 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

OFTEXAS By/s/ Jas. W.Bassett Jas. W.Bassett, Assistant
APPROVED

OCT27, 

### 1942 /s/ Gerald C. Mann ATTORNEY

GENERAL

OFTEXAS
APPROVED:OPINIONCOMMITTEE BY: BWB,CHAIRMAN JWB:mp:wb Encl.