OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Wm~WUtdnoy J. Brom 

cf6ifiiv Ywslley 

Fort Bend County 

Richmond, Texan 

Dear 3lr: 

Opinion #o, O-7296 

quoted ae follower 

Rer Whether County~Clerk Is requirod 

by law to record a 

gage on realty In b 

Mortgage Records an 

gage on Rerlty Reco 

feea should bo char 

II the mortgagee wiehes the 

Chattel Xoctgage Records on 

eetlon is this: 

nort;;azes u?on Fersonal pro?ert;- 2re rfq.:ired to be 

recorded,in the oSSice 0,' the County Clerk b:j- the provisions of A:*tl

cle 51,3;, V.A.C.Z., tilt pe:‘zi:.er,t ?al-tz 0," which X0 quote below: 

ItEvery chattel mortgage, deed of trust, or other 

instrument of writing, intended to operate as a mortgage, 

or lien upon personal property 

Cud 

and every transfer theyeof which shall not be accox? ed b] an ixediate delivery 
aon. Sidney J. Brown - Page 2 

end be followed by an actual and contlnued change of 

possession of the property mortgaged, pledged, or 

affected by such Instrument, shall be absolutely void 

a8 against the creditor8 of the mortgagor or person 

making same, as against absequent purchasers and 

q o r tg a geelien s.holder8 or in good.faith unless such 

instrument, or a true copy thereof, ahad be forthwith 

deposited with and filed in the offloe of the county 

clerk of.the county where the property shall then be 

eltuated, or if the mort 

bame be a resident of th f 

agor or'person making the 

a State, then, of the county 

of which he ahill at that time be .a residenti. . . ." 

Article 5494, P.A.C.S., establisher the book to be kept 

;;rit; County Clerk wherein chattel mortgage8 on pereonalty are re- 

. 

. 

Article 5498, V.A.C.S., then prOVide.8 for a classlfication of chattel mortgage8 defined a8 records of ahattels on realty 

and we quote below the essential prov&iom of that etatute: 

W%.icle 5498; ‘Reo&da of ohattel8 on realty. 

article is 

When eni machil-ery or other manufactured 

auacept ble-of being atta&ed.to realty in 

such a way aa to becone a fixture thereto. . l and. , . 

there Is a lien or mortgage evldenoed by written inatrumeat. . . and such instrument is regletered under the 

provisions of this Act. . . then the registration. . . . 

shall be notice.t.0 all persona. . . All euoh Instrument6 

shall be endorsed on the back thereof, to wit, ‘Liens 

on machinery eituated on realty’ and ahall be reCiet.erod 

in the county where the real estate is located in the 

manner a8 other chattel mortgage8 except that there shall 

be kept, indexed and recorded, a8 now herein provided for 

chattel mortgages, a senarate book to be endorsed *chattel 3ort;;a;e records on realty’. . .n (Znphasis ac!de6) 

Thus, we have statutory ?rovisi ons for two books; oze w!:crein chat<el mortca=es on peraonalt;r are recorded and the other i.%lerelc 

rrort:c;e E coverin; certain cbattcls attached to the realty are recorcec 

;t* ic OL;” osirii=y. -&c; i;’ +$c :,c-“j;>l:cT~ p-=;,crt;; ~~*~;&y;.f 5; 

SiCI? ts is :icscr: ‘bc,-J and clcysificd >; ;.>tLcle 5$‘::, 1: zec< ‘:,c myCorckd in o.nly the separate book 80 ?rovic!ed therein and endorsed 

“chattel xortL;aCe recorcs on realty~~; that if the ?ersocsl proxerty i.: 

not 23 rtxached to the retllq cnC ccr.scquer.tly not covered by &ticls 
Hon. Sidney J. 3rom - Pt;e 3 

5496, thon it need be recorded in O&J the book providei for by 

Article 5494, supra. OS course, there my exist a sitxtion 

&erein a chattel mortgage includes both personal pro?ertjr and 

8uCh personal property attached to the realty as is described by 

Article 5498, in which case the ill8trUQent involvf(: both kinds 

of property should be recorded in both book8 as provided for In 

Article 5494 and Article 5498, supra. 

vided for 

Fee8 for the recordation of chattel mortga&es are proin Article 3930, V.A.C.S., as followsr 

*Article 3930. Comity Clerk 

"Clerks OS the County Court shall receive tho 

following fees: 

"For filing and registering and e.ntering 

satisfaction and rolease of each chattel nortgage . . . . .75" 

Only one fee is prescribed by the statute for the service8 listed with reference to each mortgage filed and the enount 

is fixed at sevent 

i-i 

-five (.75) cents. For the Bounty Clerk to 

properly perform t eae specific services v.dth reference to each such 

nortqage may require a recordation .in two book8 as in the inetance 

we ate abovo. In our opinion, this does not require the oharge of 

a double See and only one charge of seventqlve t.75) cents is cuthorized. 

Xe trust this satisfactorily answer8 yo;r inquiry.