, .



# TheAttorney General of

# Texas

MSY13. 1982 MARKWHITE Attorney General

SupremeCourtBullding P.0. Box12549 Austin.TX.78711-2549 5121475-2501 Telex 9101374~1357 Telecopier 51214750286

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AnEqualOpportunity/ AffirmativeActionEmploybr Honorable MikeDriscoll Harris CountyAttorney 1001Preston, Suite 634 Houston, Texas 

### 77002 DearMr. Driscoll: opinion No. MW466 Re: Construction 

### 3930(c),

V.T.C.S. of article

You ask a series of six questions concerning construction of article 3930(c). V.T.C.S., which provides part: the proper Lnpertinent

Section 1. (a) Each legal paper offered , presented to a county clerk and county recorder for filing or for recording other than fees authorized In Article 3930(b), Revised Civil Statutes of 

### Texas, 1925, should meet the requirements specified in Subsections (b) through (g) of this section. (b) Apage Is defined as one side of a sheet of paper, no more than 0% Inches wide and 14 inches long, of sufficient weight and substance that printing or typing or handwriting thereon will not smear or 'bleed through,' and the paper shall be suitable otherwise for reproducing from it a readable record by photocopy or photostatic or microphotographic process or processes used in the offices of county clerks.

.... (e) Namesshall be legibly typed or printed immediately under each signature. (f) All photostats, photocopies, and other types of reproduction shall have black printing, tYpingt or handwriting on a white background, commonlyknownas positive prints.

....

p. 1626Honorable MikeDriscoll - Page2 **(MW-466**

**sec. 2.**  (a) Thefiling fee or recording fee for each page of a legal paper which is offered or presented for filing or for recording to a county clerk or county recorder andwhich fails to meet the requirements for, or which is deficient in. one or moreof the items specified in Section 1of this article, shall be equal totwice the regular filing fee or recording:fee provided by statute for that page. Youwish to knowwhether the county clerk of Harris Countyshould charge double the filing fee as provided in section 2 of the statute in each of the following factual situations:

a. For a page of an exhibit, attachment or rider attached to a legal documentwhich exhibit, attachment or rider bears an original signature which does not have the name legibly typed or printed immediately under the signature. b. For a page of an exhibit; attachment or rider which is a photocopy and is attached to a legal document which bears a photocopy of a signature which does not shave the name legibly typed or printed immediately under the photocopy signature.

**C.** For apage of alegal documentwhich bears the signature of a corporation with the nameof the corporation printed or typed andgigned by the president or other officer ,thereof, without the name of the president or **other** officer signing, printed immediately below his signature. d. For apage of anaffidavit which bears the signature of the notary public without the notary public’s nameprinted or typed immediately below the notary public’s signature.

e. For apage of a legal documentwhich bears anacknowledgment without the notary public’s name printed or typed tiediately below his signature. f. For a page of a certified copy of a probate proceeding from another county which bears aphotocopy of a signature of ajudge without the name of the judge printed or typed immediately thereunder.

n. 1627. .
Honorable MikeDriscoll - Page 3 (MW-466)

Weconclude that the county clerk maynot charge double the filing fee in the first, second, and **sixth** factual situations you present. The county clerk, however, should charge double the filing fee in the third, fourth, andfifth factual situations. Your principal concern centers on the requirement advanced in subsection (e) which provides that "[nlames shall be legibly typed or printed immediately under each signature." (Emphasis added). There is no direct authority on point, and the statute is reasonably susceptible of two constructions. Under one construction, the requirements set forth in section 1 apply not only to each page of a "legal paper offered or presented to a county clerk and county recorder for filing or for recording" but also to each photocopy or rider attached thereto. Under this reading, the requirement that names shall be legibly typed or printed immediately under each signature would be imposed upon photocopies and riders attached to pages of legal papers as well as upon normal pages of legal papers. It is our opinion, however, that amore reasonable construction would impose the subsection (e) requirement only on apage of a legal paper on which a signature is affixed, not on a photocopy or a rider attached to a page. We have two reasons in support of this construction. First, the intent of a statute mustbe found in its language and not elsewhere. and its interpretation must be such as its words in their plain sense fairly sanction andwill clearly sustain. Railroad Commission of Texas v. Miller, 434 S.W.Zd 670 (Tex. 1968). Terms which are not defined in a statute are to be given their plain and ordinary meaning, andwords defined in dictionaries andwith meaning sowell knownas to be understood by aperson of ordinary intelligence are not to be considered vague and indefinite. Floyd v. State, 575 S.W.Zd 21 (Tex. Grim. App. 1978). appeal dismissed, 442 U.S. 907 (1979). See also Sanford v. State, 492 S.W.Zd 581 (Tex. Crim. App. 1973); City ,ofNaussau Bayv. Winograd. 582S.W.Zd 505 (Tex. Civ. App.

- Bouston [let Dist.] 1979, writ ref'd n.r.e.). Subsection (e) requires that names shall be legibly typed or printed immediately under each signature. One"signs" a documentwhenhewrites or marks something onit in token of his intention to bebound by its contents. Delespine v. State, denied, 384 U.S. 396 S.W.Zd 133 (Tex. Crim. App; 1965). cert. 1019 (1966). rehearing denied. 385 U.S. 893 (1967). To "sign" .an instrument or document is to makeanv mark uoon it in token of knowledge, approval , acceptance, or obligation, and **the** sign thus madeis a "signature." Bustillos v. State, 213 S.W.Zd 837 (Tex. Grim. App. 1948). In the case of a photocopy. no signature is affixed. Rather, **the ’**  photocopy, a6 a "picture" of a document, contains a representation of a signature. not the signature itself. Therefore, properly speaking. a photocopy does not contain a signature, but rather only the representation of one.

p. 1628Honorable MikeDriscoll - Page4 **N-466)**

Second, the maximof statutory construction long recognized in Texas, "expresslo unius est exclusio alterius", signifies **that the**  express mention or enumeration of one person, thing. consequence. or class is tantamount to an express exclusion of all others. State v. Maurits-Wells Company, 175 S.W.Zd 238 (Tex. 1943); City of Dallas v. Yarbrough, 399S.W.Zd 938 (Tex. Civ. App. - Dallas 1966). Weconstrue the statute to set forth requirements in subsections (b) through (e) for legal pages of legal papers. Photocopies are governed solely by the requirement of subsection (f), and riders and attachments are governed by subsection (g). Wenow turn to the specific factual situations which you raise. In fact situation "a" weconstrue the subsection (e) .requirement to apply to pages of a legal document, not to a rider or attachment. Therefore, the county **clerk** maynot charge double the filing fee in factual situations where the rider or attachment fails to contain a legibly printed or typed nameunder asignature. Weturn to fact situations "b" and "f." In both situations, the "signature" which does not have a name legibly typed or printed underneath is a photocopy and a representation of a signature rather than a signature per se. Therefore, we conclude that, in such instances, the county clerk is without authority to charge double the filing fee. Finally, the statute clearly empowersthe county clerk to charge double the filing fee in factual situations "cu. 'Id". and "e". In factual situation "c", it is manifest that a corporation cannot affix a signature to a legal paper. It is equally manifest that any legal paper signed by a corporate officer on behalf of a corporation is required to have that corporate officer's name legibly typed or printed underneath **that** signature. It is also evident that notaries are required to print or type their namesbeneath their signatures. both on affidavits and on legal documents which bear a notary's acknowledgment. Wenote that article 5954. V.T.C.S., already imposes such requirement on legal documents bearing anotary's acknowledgment. SUMMARY Acounty clerk,may not charge double the filing fee in the following factual situations: (1) where a page of an exhibit, attachment, or rider attached to a legal document bears an original signature but fails to contain the name legibly typed or printed immediately under the signature; (2) where a page of an exhibit, **attachment,** or rider which is a photocopy attached to a legal document bears a photocopy of. a signature immediately under which the nameis not legibly

**P.** 1629Honorable MikeDriscoll - Page5 (NW-4661

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printed or typed; and (3) where s page of a certifisd copy of a probate proceeding from another county bears aphotocopy of a signature of a judge immediately under which the nameis not legibly printed or typed. The county clerk should charge double the filing fee in the following factual situations: (1) where a page of a legal document bears the signature of anofficer of acorporation signed on behalf therefor immediately under which the **name** is not legibly printed or typed; (2) where a page of an affidavit bears **the** signature of a notary public immediately under which the name is not legibly printed or typed; and (3) where a page of a certified copy of a probate proceeding from another county bearing aphotocopy of a signature of ajudge immediately underwhich the nameis not legibly~ printed or typed.

MARK WHITE Attorney General of Texas JOHN W.FAINTER,JR. First Assistant Attorney General RICHARD

E. GRAY

III Executive Assistant Attorney General Prepared byJimMoellinger Assistant Attorney General APPROVED: OPINION

COMMITTEE SusanL. Garrison, Chsirman JonBible Rick Gilpin Patricia Hinojosa Hargaret McGloin JimMoellinger

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