THEA NEY GENERAL 

OF TEXAS 

CRAWPORD c. MARTIN 

AUSTIN, TEXAS 78711 

AnORm OENERAX. October 3, 1967 

Hon. Joe Resweber Opinion NO. M-142 

County Attorney 

Harris County Re: Constitutionality of 

Houston, Texas and construction of 

certain provisions of 

House Bill 78, Acts 

60th Legislature, Regular Session, 1967, Chapter 

Dear Mr. Resweber: 681, Page 1789. 

You have requested our opinion as to whether Rarris 

County is required to pay fees to the County Clerk of Harris 

County in condemnation proceedings brought by Harris County. 

All fees collected by the County Clerk are required to be paid 

into the County Treasury "for account of the proper fund." 

Article XVI, Section 61, Constitution of Texas. 

Robinson, 155 Tex. 

Wichita County 

vs. 1, 276 S.W.2d 509 (1954). Thus, fees 

collected by the County Clerk of Harris County will be deposited 

into the Officers Salary Fund of Harris County, a part of the 

General Fund of Harris County. Therefore, if Harris County is 

required to pay fees, set out in House Bill 78, Acts 60th Legislature, Regular Session, 1967, Chapter 681, Page 1789, Harris 

County would be paying to itself such fees. 

All county funds are constitutional funds. If only 

the General Fund is involved, it would amount to a useless book-. 

keeping entry in the General Fund. If other constitutional funds 

are involved, such payment would amount to an invalid transfer 

of constitutional funds. It is well settled in this State that 

tax money raised ostensibly for one purpose cannot be used for 

another purpose and therefore transfers of constitutional funds i 

are in violation of Section 9 of Article VIII of the Constitution 

of Texas. Carroll vs. Williams, 109 Tex. 155, 202 S.W. 504 (1919); 

Ault vs. Hill County, 102 Tex. 335, 116 S.W. 359 (1909); Sanders 

1920, no writ); Lamon vs. 

~~~~~~~~~:~:~~~.~~s~~~:~~~~~~~~':'1948, no writ); First State 

y 306 S.W.Zd 246 (Tex.Civ.App., 

1957, no writ.) 

In view of the foregoing, it is our opinion that the 

payment of fees in a condemnation proceeding by Harris County to 

the Clerk of Harris County would amount to an unconstitutional 

transfer of tax monies. Furthermore, such payments amount-to 

- 661. 
Hon. Joe Resweber, page 2(M-142) 

bookkeeping transfers and would require unnecessary time, energy, 

and labor by various county officials. As youpointed out in 

your request, in the construction of statutes, it is to be presumed that.the Legislature did not intend to require an absurd, 

foolish, unreasonable or useless thing. Floydada Independent 

School District vs. Shipley, 238 S.W. 1026 (Tex.Civ.App., 1922, 

affirmed 250 S.W. 159, 1923). Therefore, you are advised that 

fees cannot legally be paid to the County Clerk of Harris County 

by Harris County. 

With regard to other governmental agencies in condemnation proceedings, we agree with you that it is established that 

a condemnation, in its initial stage, is not a cause, action, or 

suit in a Court, but is an administrative proceeding. Henderson 

vs. Turnpike Authority,,308 S.W.2d 199 (Tex.Civ.App., 1951, 

error ref.); Denton County vs. Brammer, 361 S.W.Zd 198 (Tex.Sup. 

1962). Therefore, fees which are payable by other condemners 

are not payable until an objection is filed by the condemnor or 

a judgment is entered. 

SUMMARY 

_------ 

Fees cannot be paid by a county to its own 

County Clerk. In condemnation proceedings where 

the condemnor is other than the county in which 

the condemnation proceeding is filed, fees payable by a condemnor other than the county are not 

due and payable until an objection is filed by the 

condemnor or a judgment is entered. 

Y4 rs very truly, 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

Pat Bailey 

John Grace 

Sam Kelly 

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. 

Hon. Joe Resweber, page 3(M-142) 

A. J. Carubbi, Jr. 

Staff Legal Assistant 

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