, . 

The Attorney General of Texas 

MSY 13. 1982 

MARK WHITE 

Attorney General 

Supreme Court Bullding 

P. 0. Box 12549 

Austin. TX. 78711- 2549 

5121475-2501 

Telex 9101374~1357 

Telecopier 51214750286 

1907 Main St., Suite 1400 

Dallas, TX. 75201.4709 

21417428944 

4824 Alberta Ave., Suite 180 

El Paso. TX. 799052793 

915/633.3464 

,220 Dallas Ave.. Suite 202 

Houston. TX. 770028986 

713m5Oa55. 

605 Broadway, Suite 312 

Lubbock. TX. 79401-3479 

SOSi747.5239 

4309 N. Tenlh. Suite S 

McAllen, TX. 79501-1885 

512/5&2.4547 

2w MaIn Plaza. suite 400 

San Antonio, TX. 73205.2797 

512l226.4191 

An Equal Opportunity/ 

Affirmative Action Employbr 

Honorable Mike Driscoll 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

Dear Mr. 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 

Ln pertinent 

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) A page 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) Names shall be legibly typed or printed 

immediately under each signature. 

(f) All photostats, photocopies, and other 

types of reproduction shall have black printing, 

tYping t or handwriting on a white background, 

commonly known as positive prints. 

. . . . 

p. 1626 
Honorable Mike Driscoll - Page 2 (MW-466 

sec. 2. (a) The filing 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 and which fails to meet 

the requirements for, or which is deficient in. 

one or more of the items specified in Section 1 of 

this article, shall be equal to twice the regular 

filing fee or recording:fee provided by statute 

for that page. 

You wish to know whether the county clerk of Harris County should 

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 document which 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 a page of a legal document which bears 

the signature of a corporation with the name of 

the corporation printed or typed and gigned by the 

president or other officer ,thereof, without the 

name of the president or other officer signing, 

printed immediately below his signature. 

d. For a page of an affidavit which bears the 

signature of the notary public without the notary 

public’s name printed or typed immediately below 

the notary public’s signature. 

e. For a page of a legal document which bears 

an acknowledgment 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 

a photocopy of a signature of a judge without the 

name of the judge printed or typed immediately 

thereunder. 

n. 1627 
. . 

Honorable Mike Driscoll - Page 3 (MW-466) 

We conclude that the county clerk may not 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, and fifth 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 a more reasonable construction would 

impose the subsection (e) requirement only on a page 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 must be found in its language and 

not elsewhere. and its interpretation must be such as its words in 

their plain sense fairly sanction and will 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, and words defined in dictionaries and with meaning 

so well known as to be understood by a person 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 ,of Naussau Bay v. Winograd. 582 S.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 document when he writes or marks 

something on it in token of his intention to be bound 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 make anv mark uoon it in 

token of knowledge, approval , acceptance, or obligation, and the sign 

thus made is 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. 1628 
Honorable Mike Driscoll - Page 4 N-466) 

Second, the maxim of 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, 399 S.W.Zd 938 (Tex. Civ. App. - Dallas 1966). We construe 

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). We now turn to the specific factual 

situations which you raise. 

In fact situation "a" we construe the subsection (e) .requirement 

to apply to pages of a legal document, not to a rider or attachment. 

Therefore, the county clerk may not charge double the filing fee in 

factual situations where the rider or attachment fails to contain a 

legibly printed or typed name under a signature. 

We turn 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 empowers the 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 names beneath their signatures. 

both on affidavits and on legal documents which bear a notary's 

acknowledgment. We note that article 5954. V.T.C.S., already imposes 

such requirement on legal documents bearing a notary's acknowledgment. 

SUMMARY 

A county 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 name is not legibly 

P. 1629 
Honorable Mike Driscoll - Page 5 (NW-4661 

. 

printed or typed; and (3) where s page of a 

certifisd copy of a probate proceeding from 

another county bears a photocopy of a signature of 

a judge immediately under which the name is 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 an officer of a corporation 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 a photocopy of a signature 

of a judge immediately under which the name is 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 by Jim Moellinger 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chsirman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Hargaret McGloin 

Jim Moellinger 

p. 1630