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 ofphotostatic machine and pay him onpiece-work orpage basis, or is it the duty of Clerk and deputies to operate saidmachine?

We acknowledge receipt ofyour request for an opinion on the above matters, said request reading as follows:

"The County Clerk ofBell County has recently explained tome thatmoney could be saved the county in the administration ofhis office by either the purchase or a lease of aphotostatic machine tobe used inmaking copies of deed8 and other instruments which the lawprovides shall be recorded in the office of the County Clerk, and inpreparing certified copies ofvarious instruments, suchphotostatic copies tobe 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 itbe lawful for the county topurchase xphotostatlc machine? Second, would itbe lawful for the county to lease suchmachine for aperiod of five years? Third, in the event suchmachine should be acquired bypurchase or lease, would itbe lawful for the County Clerk or the Commissioners1 Court to employ an operator of suchmachine, orwould Itbe necessary for some deputy clerk to operate the machine? Fourth, if..

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

some one Other than adeputy Clerk could lawfully b8 employed to operate suchmachine, could the compensation be determined on apiOC8-Work 

### orper page basis, orwould itbe necessary that the compensation b8 on 8 salary basis, and, if so,would themaximum salary necessarily be the maximum salary which the County Clerk could pay to a deputy?

"Ihave advised the County Clerk that inmy opinion the Commissioners1 Court would have lawful authority topurchase or lease suchmachine, but that sinC8 the law require5 the COUnty Clerk t0 copy VariOUS instruments into thepermanent r8COrdS and toprepare and furnish CertifiOd copies, itwould seem tob8 the lawful duty of the clerk and his dOpUti85 toperform such services, and that there isno authority which would permit the County or the County Clerk to employ some one other than a deputy clerk to operate the machine inperforming such 

### services. This opinion is expressed with reluctsnce because it ismy understanding that operators ofphotostatic machines are able to command and obtain higher salaries than themaximum salary which the County Clerk ofBell County canpay any deputy, and that this conclusion has thepractical effect ofprecluding thepossibility Of the saving ofmoney to the county, itbeing my understanding that suchmachines can be leased and operators canbs employed on such abasis as t0 actually rOdUC8 the 8xpenses now incurred inperforming the services in the customary manner."
The population ofBell County, TOXaS, according to the 1940 U. 9. Census is 44,863.

This department, in Opinion No. 00637, held that the County Clerk ofEl 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:

. . .Ofcourse, Where a Statute authorlee the recordation of an instrument the transcription may b8 by thephotographic proCOSS, aswell asby calligraphic process. We soheld 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 orhandwritten,

.

### l n

In our Opinion No. o-3571, weheld that the Sheriff of Collin County with the approval of the Commissioners' Court could pay the City ofMcKlnney orRadio Station KTWP a reasonable amount monthly for radio Service furnished in connection with the conduct ofhis Office.hOnOrabl8 Lee Curtis, Page 3, (O-6918)

w8 On'21058herewith for POUr benefit @iniOnS DOS. O-637, O-2241, and O-3571.

Article 3899, Vernon's Annotated vides inpart, 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 andp8rUIittOdt0puronase ,orcnarge to his county all reasonable expenses necessary in the proper and legal conduct ofhis ofPico,premiums on officials' bends, 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 forpremiums on of6 ficlals* bonds for the county treasurer, county auditor, county road commissioners, county school superintendent, and thehide and animal inspector, including the cost of surety bonds for any deputies of any such officers, may be also included, and such expenses tobe 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 thenecessity for the expenses ofhis 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 towhether funds are avallable for payment of such expenses. The Commissioners' Court Of the County Of the sheriff's rOSidOnC8 may, Upon thewritten and sworn application of the sheriff Stating then808sSity therefor, purchase equipment for a DUr8aU of Criminal Identification, such as cameras, fingerprint cards, inks, chemicals, microscopes, radio and laboratory equipment, 

### filingcards, filing cabinets, tear gas and other equipment, inkeeping with the system inuse with the Department Of public Safety of this State, or theUnited States Department of Justice and/or Bureau of Criminal Id8ntification,
"Suchpurchases shallb8 made by each officer, when **allOWOd,** Only by requisition inmanner provided by th8 county auditor, if any, otherwise by the Commissioners' Court. Each officer, shall, at the clos8 of 8aChmonth ofhis tenure of office, make an itemized and sworn report of all approved expenses incurred by him and charged tohis county, accompanying such report with invoices covering suchpurchases and requisitions issued by him in support of such report.honorable Lee Curtis, Page 4, (O-6918)

If such expenses be inCurrOd in COIInOCtiOnwith any particular case, such report shall name such case. Such report, invoices, and requisitions shallbe 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 anecessary or legal e$pense of such office, orpurchased upon proper requisition, such item shallbe by said county auditor ,OPcourt rejected, Inwhich case the payment of such itemmay be adjudic,atedin any court of competent jurisdictionr All such approved claims and accounts shallb8 paid from the Officers1 3alary Fund unless otherwise provided herein." (UndOrsCOring ours)
The facts in the instant case show that thephotostatic machine is tobe used for the samepurpose, and in the place Of a typewriter in thepOrfO~~C8 Of dUti8S in the Clerk's office. If the Commissioners' Court dOtOZTUin85that anecessity for suchmachine 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 saidmachine is a reasonable expense necessary in theproper and legal conduct of the Clerk's office ofBell County, Texas, ThOrOfOr8, yOUr first and second qU8stiOnS are answered in the affirmative.

Section 20, Article 5, State Constitution reads as follows:

nTnere shallbe elected for each county, by the qualified voters, a cot&g clerk, who shallhold his office for twoyears, who shallbe olerk of the County and Commlssioners~ Courts and recorder of the county, whose duties, p8rqUiSitOS and f88S Of Office shallbe PrOscribed by the Legislature, and a vacancy inwhose office shall b8 filled by the Commissionerst Court, Until thenext genera1 818CtiOn for County and Stat8 officers; provided, that in counties having apOPUlation of less than eight thousand psrsons there may be an 8lOCtiOn Of a Sing18 Clerk, who shall POrfOZ'lll the duties ofdistrict and county C18rkS."
Article 6600, V. A. C. S.,provides;
"The county clerk shall give attested Copies WhhenOVOrdemanded of allpapers recorded inhis office; andhe shali receive for all such aoples, such fees asmay b8 provided by law,"_. . -

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

APti 3902, w. A. c. B.,provides inpart as follows:
"WhOnOVOr any district, county orprecinct officer shall require the services of deputLes, assistants or clerks in the performance ofhis duties he shall apply to the County Commissioners' Court ofhis county z;zrgthority to appoint such dOpUti85, assistants or

Stating by sworn application the nUmb8r needed, thepo&tion tobe filled and the amount tobe paid. Said application shall be aCCOmpSni8d by a statement showing theprobable r8COiptS from f88S, COUUnisSiOnS and compensation tobe COllOCtOd by said office during the fiscal year and theprobable 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 tob8 paid them within the 1imitatiOnS herein prescribed and determine the number tob8 appointed as in th8 disCr8tiOn of said court may be proper; provided that inno case shall the CO~iSSiOnerS' COUPt Or SlIymember thereof attempt to influence the appointment of anyperson as deputy, assistant or Clerk in any Office. UpOn the entry of such Order th8 officers applying for such assistants, deputies or clerks shallbe 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** shallbe a reasonable one, not to exceed the following amounts:
"*+ +

“3. In counties having apopulation 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 shallbe construed as repealing oraffecting Section 2 ofH, B.No. 694, Chapter 315, Acts 1935, Forty-fourth Legislature, page 724.

n+YI
"9. The Commissioners~ Court ishereby authorized, when in their jUdgm8nt the financial condition of the County and then88dS Of the deputies, aSSiStEUItSand clerks of any district, county orprecinct officerHonorable Lee GUrti.5,Page 6, (o-6918)

Justify the increase,

._ - to OntOP an Order increasing tne compensation of such deputy, assilstantor 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 toyour third question, you are advised that the Commissioners~ Court has no authority to employ an operator of suchmachine,and if one ispurchased 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 suchmachine, said deputy, assistant or clerk tob8 paid asprovided for in Sections 3 and 9 of Article 3902, above.

Inviaw ofwhat we have said itbOCOm85 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-