# TheAttorney General ofTexas

November 28, 1977 JOHN L.HILL Attorney General

Honorable Felipe Reyna

District Attorney 3rd Floor, McLennan County Courthouse Waco, Texas 76701 Dear Mr. Reyna: Opinion No. H-1097 Re: Fees of county clerks and recorders.

You have requested our opinion regarding certain fees related to commitment proceedings for thementally ill. Senate Bill 184,Acts 1977, 65th Leg., ch. 291, at 767, enacted in the recent regular session of the Legislature, amended article 3930(b), V.T.C.S. Section lB(1)(a)(v)of the amended statute provides:

For mentally ill: Total costs for all services listed inArticle 5547-13,Article 5547-14 andArticle 5547-15,Vernon's Civil Statutes of Texas, shall be in the amount of
. . . . . . . . . . . . .$40.00 You askwhether this statute isconstitutional and eliminates the county judge's discretion to allow compensation under article 5547-15,V.T.C.S. Articles 5547-13, 5547-14 and 5547-15, part of theMental Health Code, state:

Upon the request of the county judge, the county attorney or the district attorney in counties having no county attorney shall represent the State in commitment hearings under this Code. V.T.C.S. art. 5547-13.

(a) The county of legal residence of the patient shallpay the costs of Temporary Hospitalization, Indefinite Commitment and Re-examination and Hearing proceedings, including attorneys' fees and physicians' examination fees, and expenses of transportation to a State mental hospital or to an agency of theUnited States.

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(b) For the amounts of these costs actually paid, the county is entitled to reimbursement by thepatient or any person or estate liable forhis support in a State hospital. (c) Unless the patient or someone responsible forhim isable todo so, the State shallpay the cost of transportation home of adischarged patient and the return of apatient absent without authority. (d) Neither the county nor the State shall pay any costs for apatient conunitted to aprivate hospital. V.T.C.S. art. 5547-14.

The county judgemay allow reasonable compensation to attorneys andphysicians appointed by him under this Code, provided that any compensation he allows to an attorney isnot less than $25. The compensation paid shall be taxed as costs in case. V.T.C.S. art. 5547-15. The relevant portion of article 3930(b) was first enacted in 1967. Another section of the same bill expressly repealed articles 5547-13 through 5547-15 to the extent of conflict only. Acts 1967, 60th Leg., ch. 680, at 1788. InAttorney General Opinion M-135 (1967),this office held that the provision purporting to repeal articles 5547-13, 5547-14, and 5547-15, violated article 3, section 35of theTexas Constitution, in that the title of thebill gave no notice of an attempt to repeal those statutes. Even though the title of Senate Bill 184purports only to "amend article
. . .3930(b)," we need not determine whether Attorney General Opinion M-135 was correct, because Senate Bill 184 is an amendatory act. The Supreme Court has declared:

With amendatory bills, it is settled that reference to the act or section to be amended isadequate, as long as the

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subject matter of the amendment isgermane or reasonably related to the content of the original act.

. . .It isnot necessary that the caption of an amendatory bill apprise the reader of theprecise effects of thebody of the bill, so long as thegeneral subject of the amending bill isdisclosed. Smithv. Davis, 426 S.W.Zd 827, 833 (Tex. 1968). In thepresent instance, the "subject matter of the amendment" at issue is phrased in language identical to that of the original act. It is therefore unnecessary toascertain whether theversion of article 3930(b) enacted in 1967met constitutional requirements: Itwould be anomalous to say that the caption of an amendatory actmeeting the requirements of the Constitution, and hence carrying notice to those affected thereby, would nonetheless be invalidated because of possible infirmities inpast legislative enactments. State v. Smith, 434 S.W.Zd 342, 348 (Tex.1968). Article 3930(b), section 1B (1)(a)sets the clerk's fee in "each original cause or action in a Probate Court . . .due and payable and tobepaid by theparty . . .initiating said cause . . . .IIIn an action involving amentally illperson, the clerk's total fee for services in connection with proceeding under articles 5547-13 through 5547-15 is set at $40.00. V.T.C.S. art 3930(b), 9 1B (1)(a)(v). Article 3930(b) thus limits the amount thatmay be charged for filing apetition, issuing notices, administering oaths, and performing all other clerical duties in connection with the kinds of commitment listed inarticle 5547-14. If the county judge allows compensation to an appointed attorney orphysician under article 5547-15, it is taxed as costs in the case, and the clerk has certain duties with respect to collecting it. See Tex. R. Civ. P. 129, 130. Article 3930(b), section 1BTf) (a)(v)does not attempt torepeal theprovisions of theMental Health Code regarding payment of attorneys' fees,physicians' fees, and transportation costs. Since these fees are not paid to the clerk, they are unaffected by article 3930(b).

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SUMMARY That part of article 3930(b)which limits to $40.00 the total costs payable to the county clerk for clerical services relating to commitment proceedings for thementally ill does not purport to repeal and isnot in conflict with articles 5547-13, 5547-14 and 5547-15, V.T.C.S. Very truly yours,

Attorney General of Texas APPROVED:

DAVID MAKENDALL,

C. ROBERT HEATH, Chairman Opinion Committee jst

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