Honorable Lee Curtis 

County Attorney 

Bell County 

Belton, Texas 

Dear Sir: opinion NO. o-6918 

Re: County purchasing and 

leasing photostatic machine. 

Can the County Clerk and 

Commissioners' Court legally 

employ an operator of photostatic machine and pay him 

on piece-work or page basis, 

or is it the duty of Clerk 

and deputies to operate 

said machine? 

We acknowledge receipt of your request for an opinion 

on the above matters, said request reading as follows: 

"The County Clerk of Bell County has recently 

explained to me that money could be saved the county 

in the administration of his office by either the 

purchase or a lease of a photostatic machine to be 

used in making copies of deed8 and other instruments 

which the law provides shall be recorded in the 

office of the County Clerk, and in preparing certified copies of various instruments, such photostatic 

copies to be in lieu of and substitution for the 

copies of such instruments as are now made on typewriters by clerks in the office. 

"The County Clerk has propounded several questions in this connection. First, would it be lawful 

for the county to purchase xphotostatlc machine? 

Second, would it be lawful for the county to lease 

suchmachine for a period of five years? Third, in 

the event such machine should be acquired bypurchase 

or lease, would it be lawful for the County Clerk 

or the Commissioners1 Court to employ an operator 

of such machine, or would It be necessary for some 

deputy clerk to operate the machine? Fourth, if 
. . 

Ronorable Lee Curtis, Page 2, (o-6918) 

some one Other than a deputy Clerk could lawfully 

b8 employed to operate such machine, could the compensation be determined on a piOC8-Work or per page 

basis, or would it be necessary that the compensation 

b8 on 8 salary basis, and, if so, would the maximum 

salary necessarily be the maximum salary which the 

County Clerk could pay to a deputy? 

"I have advised the County Clerk that in my 

opinion the Commissioners1 Court would have lawful 

authority to purchase or lease such machine, but that 

sinC8 the law require5 the COUnty Clerk t0 copy VariOUS 

instruments into the permanent r8COrdS and to prepare 

and furnish CertifiOd copies, it would seem to b8 the 

lawful duty of the clerk and his dOpUti85 to perform 

such services, and that there is no authority which 

would permit the County or the County Clerk to employ 

some one other than a deputy clerk to operate the 

machine in performing such services. This opinion is 

expressed with reluctsnce because it is my understanding 

that operators of photostatic machines are able to command and obtain higher salaries than the maximum salary 

which the County Clerk of Bell County can pay any deputy, 

and that this conclusion has the practical effect of precluding the possibility Of the saving of money to the 

county, it being my understanding that such machines can 

be leased and operators can bs employed on such a basis 

as t0 actually rOdUC8 the 8xpenses now incurred in performing the services in the customary manner." 

The population of Bell County, TOXaS, according to the 

1940 U. 9. Census is 44,863. 

This department, in Opinion No. 00637, held that the 

County Clerk of El Paso County, Texas, aould install and use 

the photostatic method of recording written instruments which 

he is authorized and required to record. Judge OCi8 SpeOr, 

ipeaking for this department, in Opinion No. O-2241, said: 

. . .Of course, Where a Statute authorlee the recordation of 

an instrument the transcription may b8 by the photographic proCOSS, as well as by calligraphic process. We so held in our 

Opinion No. O-637. So, also, Where Certified COpiOS Of records 

are permitted, the COpi8S SO Certified may be photostatic as 

Well as tgp8WrlttOn or handwritten, . l n 

In our Opinion No. o-3571, we held that the Sheriff of 

Collin County with the approval of the Commissioners' Court 

could pay the City of McKlnney or Radio Station KTWP a reasonable amount monthly for radio Service furnished in connection 

with the conduct of his Office. 
hOnOrabl8 Lee Curtis, Page 3, (O-6918) 

w8 On'21058 herewith for POUr benefit @iniOnS DOS. 

O-637, O-2241, and O-3571. 

Article 3899, Vernon's Annotated 

vides in part, aa follows: 

Civil Statutes, pro- 

"(b) Each officer named in this Act, WhOr8 he 

receives a salary as compensation for his SOrPiC88, 

shall b8 entitled and p8rUIittOd t0 puronase ,or cnarge 

to his county all reasonable expenses necessary in the 

proper and legal conduct of his ofPi co, premiums on 

officials' b ends, Pr8miUms on fire, burglary, theft, 

robbery insurance protecting public funds, &nd in- - 

eluding the cost of surety bonds for his deputies, 

provided that expenses incurred for premiums on of6 

ficlals* bonds for the county treasurer, county auditor, 

county road commissioners, county school superintendent, 

and the hide and animal inspector, including the cost 

of surety bonds for any deputies of any such officers, 

may be also included, and such expenses to be passed 

on, predOtermin8d and allowed in the time and amount, 

as nearly as possible, by the Commissioners1 Court 

once each month for the ensuing month, upon the appllcation by each officer, stating the kind, probable 

amount of expenditure and the necessity for the expenses of his office for such ensuing month, which applir 

cation shall, befOr presentation to said court, first 

b8 8ndOrSOd by the County auditor, if any, OthOrWiS8 

the county treasurer, only as to whether funds are avallable for payment of such expenses. The Commissioners' 

Court Of the County Of the sheriff's rOSidOnC8 may, Upon the written and sworn application of the sheriff 

Stating the n808sSity therefor, purchase equipment for 

a DUr8aU of Criminal Identification, such as cameras, 

fingerprint cards, inks, chemicals, microscopes, radio 

and laboratory equipment, filing cards, filing cabinets, 

tear gas and other equipment, in keeping with 

the system in use with the Department Of public Safety 

of this State, or the United States Department of Justice and/or Bureau of Criminal Id8ntification, 

"Such purchases shall b8 made by each officer, 

when allOWOd, Only by requisition in manner provided 

by th8 county auditor, if any, otherwise by the Commissioners' Court. Each officer, shall, at the clos8 

of 8aCh month of his tenure of office, make an itemized and sworn report of all approved expenses incurred by him and charged to his county, accompanying 

such report with invoices covering such purchases and 

requisitions issued by him in support of such report. 
honorable Lee Curtis, Page 4, (O-6918) 

If such expenses be inCurrOd in COIInOCtiOn with any 

particular case, such report shall name such case. 

Such report, invoices, and requisitions shall be 

subject to ths audit of the county auditor, if any, 

OthOIWiS8 by the CommissionersI COUPt, and if it 

;;;;;;; that any item was not incurred by such 

or that such item was;not a necessary or 

legal e$pense of such office, or purchased upon 

proper requisition, such item shall be by said 

county auditor ,OP court rejected, In which case 

the payment of such item may be adjudic,ated in any 

court of competent jurisdictionr All such approved 

claims and accounts shall b8 paid from the Officers1 

3alary Fund unless otherwise provided herein." 

(UndOrsCOring ours) 

The facts in the instant case show that the photostatic machine is to be used for the same purpose, and in the 

place Of a typewriter in the pOrfO~~C8 Of dUti8S in the 

Clerk's office. If the Commissioners' Court dOtOZTUin85 that 

a necessity for such machine exists it is the Opinion of this 

department, in view of the authorities above, that the purchase 

price or the amount paid for th8 lease of said machine is a 

reasonable expense necessary in the proper and legal conduct 

of the Clerk's office of Bell County, Texas, ThOrOfOr8, yOUr 

first and second qU8stiOnS are answered in the affirmative. 

Section 20, Article 5, State Constitution reads as 

follows: 

nTnere shall be elected for each county, by the 

qualified voters, a cot&g clerk, who shall hold his 

office for two years, who shall be olerk of the County 

and Commlssioners~ Courts and recorder of the county, 

whose duties, p8rqUiSitOS and f88S Of Office shall be 

PrOscribed by the Legislature, and a vacancy in whose 

office shall b8 filled by the Commissionerst Court, 

Until the next genera1 818CtiOn for County and Stat8 

officers; provided, that in counties having a pOPUlation of less than eight thousand psrsons there may 

be an 8lOCtiOn Of a Sing18 Clerk, who shall POrfOZ'lll 

the duties of district and county C18rkS." 

Article 6600, V. A. C. S., provides; 

"The county clerk shall give attested Copies 

WhhenOVOr demanded of all papers recorded in his office; 

and he shali receive for all such aoples, such fees 

as may b8 provided by law," 
_. . - 

Honorable Lee Curtis, Page 5, (O-6918) 

APti 3902, w. A. c. B., provides in part as follows: 

"WhOnOVOr any district, county or precinct officer shall require the services of deputLes, assistants 

or clerks in the performance of his duties he shall 

apply to the County Commissioners' Court of his county 

z;zrgthority to appoint such dOpUti85, assistants or 

Stating by sworn application the nUmb8r needed, 

the po&tion to be filled and the amount to be paid. 

Said application shall be aCCOmpSni8d by a statement 

showing the probable r8COiptS from f88S, COUUnisSiOnS 

and compensation to be COllOCtOd by said office during 

the fiscal year and the probable disbursements which 

shall inClUd8 all SalaKiOS and 8Xpenses Of said Office; 

and said court shall make its ord8r authorizing the 

appOintm8nt Of such dOpUti88, assistants and clerks 

and fix the compensation to b8 paid them within the 

1imitatiOnS herein prescribed and determine the 

number to b8 appointed as in th8 disCr8tiOn of said 

court may be proper; provided that in no case shall 

the CO~iSSiOnerS' COUPt Or SlIy member thereof attempt 

to influence the appointment of any person as deputy, 

assistant or Clerk in any Office. UpOn the entry of 

such Order th8 officers applying for such assistants, 

deputies or clerks shall be authorized to appoint them; 

provided that said compensation shall not exceed the 

maximum amOUnt hereinafter set Out. The compensation 

which may be allowed to the dOpUti85, assistant5 or 

clerks above named for their s8rViCOs shall be a 

reasonable one, not to exceed the following amounts: 

"* + + 

“3. In counties having a population of thirtyseven thousand fiV8 hundred and On8 (37,501) and not 

more than sixty thousand (60,000) inhabitants, first 

assistant or chief deputy not to OXCOed Twenty-On8 

Hundred (2100.00) Dollars per snnum; Other assistants, 

deputies or clerks not to 8XCOOd Eighteen Hundred 

($1800.00) Dollars per annum 8aCh. Provided that 

nothing in this Act shall be construed as repealing 

or affecting Section 2 of H, B. No. 694, Chapter 315, 

Acts 1935, Forty-fourth Legislature, page 724. 

n+ Y I 

"9. The Commissioners~ Court is hereby authorized, 

when in their jUdgm8nt the financial condition of the 

County and the n88dS Of the deputies, aSSiStEUItS and 

clerks of any district, county or precinct officer 
Honorable Lee GUrti.5, Page 6, (o-6918) 

Justify the increase, ._ - 

to OntOP an Order increasing 

tne compensation of such deputy, assilstant or Clerk 

in an additional amount not to exceed twenty-five 

(25$) per cent of the sum allOWed under th8 law for 

the fiscal year of 1944, provided the total compensation authorized under the law for the fiscal year 

of 1944 did not OXCOed Thirty-&.X Hundred ($3600.00) 

Dollars." 

JO:LJ:EAC 

In answer to your third question, you are advised 

that the Commissioners~ Court has no authority to employ an 

operator of such machine , and if one is purchased or 18aSOd 

it will b8 the duty of the County Clerk, his deputy, assistant or clerk to operate the same. Th8 County Clerk has 

th8 8xclusiv8 authority to appoint his deputies, assistants 

and clerks. He may appoint a deputy, sn assistant or a 

clerk to operate such machine, said deputy, assistant or 

clerk to b8 paid as provided for in Sections 3 and 9 of 

Article 3902, above. 

In viaw of what we have said it bOCOm85 unnecessary 

to answer your fourth qUeStiOn. 

We trust that the above SatisfaCtOPily answers QOUr 

inquiries. 

Yours very truly, 

ATTORREY GERERAL OF TEXAS 

By /s/ Jesse Owens 

Jesse Owens 

Assistant 

APPROVED NOV 15, 1945 

/s/ GroVOr SellOrS 

ATTORNEY GENERAL OF w 

APPROVED 

OPIMION 

COMMITTEE 

BP B.W.B. 

Cm-