March 4, 1968 

Hon. Henry Wade 

District Attorney 

Dallas County 

Dallas County Government 

Center 

Dallas, Texas 75202 

Opinion No. M- 209 

Re: (1) Authority of County 

Commissioner's Court to 

prepare and sell duplicate 

copies of magnetic tape of 

names of registered voters 

of county to private entities 

for commercial purposes. 

(2) Authority of the Tax 

Assessor-Collector acting 

individually to sell copies 

.of the list of registered 

voters in Dallas County, 

either complete lists or 

Dear Mr. Wade: certain nreclnct lists. 

Your recent letters requesting our opinion relative to 

the above captioned matters, read, in part, as follows: 

"Recently the Dallas County Commissioners 

Court passed an order accepting the offer of a 

private entity to purchase a tape of voter registrations for the year 1968, to be delivered 

when it becomes available. A copy of said order 

is attached hereto. 

"On January 31, 1968, the County Judge asked 

this Office for an opinion as to the authority 

of the Commissioners Court to prepare and sell 

such tape. We replied to such request by furnishing the County Judge a complete copy of 

Attorney General's Opinion No. C-75 dated 

May 14, 1963, addressed to Honorable Joe 

Resweber, County Attorney of Harris County, 

together with our forwarding letter setting 

forth the provisions of Article 5.19a of the 

Election Code, which imposes the duty upon 

the Registrar to prepare such lists. Said 

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. , 

Hon.~ Henry Wade, page 2 (M-209) 

article also names the individuals and officials to whom the Registrar shall furnish 

copies of such lists and sets out the fees 

which he may collect therefor. We further 

advised the Court that although the Harris 

County problem involved a different type of 

record and perhaps a different county official, 

we felt that the same principles of law were ;sf 

involved and that perhaps said Opinion No. 

C-75 would sufficiently answer the question 

involved here. Because of the importance of 

the question and of the differences of opinion 

among the various members of the Court, we 

respectfully submit said questlon for your 

opinion and advice. 

The Constitution of Texas declares that the Commissioners Court shall exercise such powers and jurisdiction over 

all county business as is conferred by the Constitution and the 

laws :of the State. Tex.Const., Art. V, Sec. 18. 

The jurisdiction of the Commissioners Court over the 

county's business is not general and all Inclusive, but is limited 

to matters or powers specifically covered by the Constitution and 

statutes. Anderson v. Wood, 137 Tex. 201, 152 S.W.2d 1084 (.1941); 

15 Tex.Jur.2d 261, Counties, % 35. 

In 15 Tex.Jur.2d 265, Counties, % 37, it is stated: 

"The constitution declares that the commissioners courts shall exercise such powers 

and jurisdiction over all county business as 

Is conferred by the constitution and the laws 

of this state. Under this provision, the 

powers of the commissioners court are limited 

strictly to the county business. The legislature has no authority to enlarge their powers 

or jurisdiction to other activities, and any 

attempt to do so is void. . . .'I 

The Legislature has, by statute, specifically enumerated 

the powers and duties of the Commissioners Court. Article 2351, 

Vernon's Civil Statutes; 15 Tex.Jur.2d 262, Counties, % 35. 

Since we are unable to find any constitutional or statutory 

provisions which would authorize the Commission"ers Cvrt to prepare 

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Hon. Henry Wade, page 3 (M-209) 

and sell duplicate copies of magnetic tape containing names of 

registered voters of the county to private entities to be used 

for commercial purposes, you are advised that the Commissioner's 

Court does not have such authority. 

The Constitution of Texas, In Section 14 of Article 

VIII, authorizes the election of a Tax Assessor-Collector for 

each county and provfdes that such Tax Assessor-Collector shall 

perform all duties prescribed by the Legislature. Article 5.09a 

of the Election Code of Texas provides that the County Tax Assessor-Collector shall be the registrar of voters for the county 

and that he shall be responsible for the registration of voters, 

the keeping of records, preparation of lists of registered voters, 

and such other dutiesincident to voter registration as are 

placed upon him by law. 

Article 5.19a of the Election Code of Texas provides 

that the Tax Assessor-Collector shall prepare a certified list of 

registered voters and shall deliver copies of such list to certain 

designated persons In accordance with the provisions ofi&ald statute. 

We do not find any statute authorizing a County Tax Assessor-Collector to furnish unofficial copies of the list of registered voters or prohibiting him from furnishing such a list. 

However, In Attorney General's Opinion V-14 (1947), this office 

held that,in the absence of a statutory prohibition, a Tax Assessor-Collector, or his deputy, acting in his individual capacity, 

may retain the fee charged for the preparation of a poll tax list, 

compiled in off-duty hours, ff the same does not interfere with the 

discharge of those duties imposed upon him by law. The case of 

Moore v. Sheppard, 144 Tex. 537, 192 S.W.2d 559 (1946), is cited 

as author1t.v for that owinion, This case involved money held bv 

the Clerks of several Courts of Civil Appeals for furnishing uncertified and unofficial copies of the opinions of their respective 

courts. The Supreme Court held that a clerk, at his discretion, 

could furnish others uncertified and unauthenticated carbon copies 

of court records. In this case the Supreme'Court said: 

"The clerks of the courts of civil appeals 

are not entitled to receive extra compensation 

for services performed within the scope of their 

official duties prescribed by law. The general 

principle prohibiting public officials from 

charging fees for the performance of their 

official duties does not prohibit them from 

charging for their services for acts that 

they are under no obligation, under the law: 

to perform. D . . (192 S.W.2d 560) 

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Hon. Henry Wade, page 4 (M-209) 

11 

. . . 

'There being no statutory duty requiring 

petitioners to furnish uncertified,' unofficial 

copies of opinions of the courts of civil appeals, no statute fixing any fee for such services, and no valid statute requiring that money 

received therefore be deposited In the State 

Treasury, there Is no debt owing by petitioners 

to the state. . . .'I (192 S.W.W 562) 

Therefore, you are advised that the Tax Assessor-Collector or his deputies, acting as Individuals, may sell unofficial 

copies of the names of registered voters to Individuals or firms. 

SUMMARY 

The Commissioners Court does not have authority to prepare and sell duplicate copies of 

magnetic tape, containing the names of registered voters of the county to private entities 

to be used for commercial purposes. 

The County Tax Assessor-Collector, or his 

deputy, acting In his individual capacity, may 

sell copies of the list of registered voters, 

either complete lists or certain precinct lists, 

compiled in off-duty hours, If the same does not 

interfere with the discharge of those duties imposed upon him by law. 

Prepared by Jack Sparks 

Assistant Attorney Genjsral 

APPROVED: 

OPINION COMMITTEE 

Hawthorne .Phllllps, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

Bill Allen 

John Reeves 

Ralph Rash 

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Han: Henry Wade, page 5 (M-209) 

A. J. CARUBBI, JR, 

Executive Assistant