# The Attorney General of Texas April 8, 1980 MARK WHITE Attorney General

Honorable George W.Strake, Jr. Secretary ofState State Capitol Austin, Texas ‘787

11 Dear Mr.Strake: OpiniOnNo. ~p+lfj3 Re: Fees charged bySecretary of State.

You request our opinion advising you which statute or statutes prescribe the fees to be charged by your office in each of the following situations: la Furnishing uncertified copies of financing

statements filed with the Secretary of State pursuant to Chapter 9 of the Texas Business and Commerce Code.lb Furnishing certified copies ofthe same. 2a Furnishing uncertified copies of articles of incorporation filed with the Secretary of State pursuant to the Texas Business Corporation Act. 2b Furnishing certified copies ofthe same. 3a Furnishing uncertified copies of any agency record ofthe Secretary ofState. 3b Furnishing certified copies of the same. There are several statutes which establish fees to becollected byyour office for furnishing documents. See e. Comm. Code SS9.407(b); 35.06. -Tie V.T.C.S. arts. 3913,3914;Bus. & e ecretary of State’s office is also subject to the Open Records Act, V.T.C.S. article 6252-Da, which states in section 9 that the cost of noncertified photocopies of public records shall not be excessive. It provides that the Board of Control shall publish cost figures to aid agencies in determining charges under the Act. However, where another statute sets a fee for providing a specific document to a member of the public, your office should charge the statutorily established fee andnot use the fee schedule prepared bythe Board ofControl. Attorney

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General Opinion H-560 (1975)(fee schedule inarticle 3918,V.T.C.S., not repealed byOpen Records Act). In case of conflict between a general provision and a specific provision dealing with the same subject, the specific provision prevails. Trinity Universal Insurance Company v. McLaughlin, 373 S.W.2d 66 (Tex. Civ. App. - Austin 19631,motion for rehear1‘ngoverruled, 374S.W.2d350(Tex. Civ. App.- Austin 1963). Your first question concerns furnishing uncertified copies of financing statements filed with your office pursuant to chapter 9of the Texas Businem and Commerce Code. Section 9.407 ofthe Code provides asfollows:

(b)

... Upon request the filing officer shall furnish a copy of any filed financing statement orstatement of assignment for a uniform fee of $LOOper page, but not less than $5.00 per request concerning adebtor. This provision establishes a fee of one dollar per page for uncertified copies offinancing statements. Article 3913,V.T.C.S., establishes charges for certified copies of records in your office. The charge isone dollar per page for copies byphoto process, and SL50per page for copies by another process. You next inquire about charges for articles of incorporation filed with your office pursuant to the Texas Business Corporation Act. In our opinion, the fees established by article 3913,V.T.C.S., apply to certified copies of articles ofincorporation. Article 3914, V.T.C.S., establishes a fee of fifty cents per legal size page for copies of any paper, document, or record in your office. Webelieve this fee applies to uncertified copies of articles of incorporation onlegal size paper. However, since article 3914,V.T.C.S., does not establish fees for uncertified copies onletter size paper, webelieve you should charge for them the fees established bythe Board ofControl under the Open Records Act. Your third question concerns furnishing copies ofrecords generated byorpertaining. to your office, in contrast to those filed there by members of the public. Webelieve article 3914, V.T.C.S., established the fees for uncertified copies of agency records on legal size paper. Webelieve the fee schedule established by the Board of Control under the Open Records Act would apply toletter size copies. Wenote finally that you may not charge other state agencies for copies of documents in your office which are required in the performance oftheir official duties. V.T.C.S. art. 3913. SUMMARY The Secretary of State should as ageneral matter charge the fees set by statute for furnishing copies of documents in this office rather than using the fee schedule prepared bythe Board ofControl pursuant to the Open Records Act. Article 3913, V.T.C.S., establishes the fees for certified copies of documents. Section 9.407(b) of the Business and Commercial Code establishes the fee **for** an uncertified copy of a financing statement filed pursuant to

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that code. Article 3914, V.T.C.S., establishes the fee for uncertified copies of articles of incorporation and of your agency records on legal size paper. The fees established by the Board of Control should be charged for uncertified copies of these documents onletter size paper.



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MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General Prepared bySusan Garrison Assistant Attorney General APPROVED: OPINIONCOMMITTEE C.Robert Heath, Chairman Susan Garrison Rick Gilpin Terry Goodman Peter Nolan Bruce Youngblood

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