March 4, 1968

Hon. Henry Wade DistrictAttorney Dallas County Dallas County Government Center Dallas, Texas 75202 OpinionNo. M- 209

Re: (1) Authority of County Commissioner'sCourt to prepare and sell duplicate copies of magnetic tape of names of registered voters of county to private entities for commercialpurposes. (2) Authority of the Tax Assessor-Collectoracting individuallyto sell copies .of the list of registered voters in Dallas County, either complete lists or Dear Mr. Wade: certainnreclnct lists.

Your recent lettersrequesting our opinion relative to the above captionedmatters, read, in part, as follows:

"Recentlythe 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.

"OnJanuary 31, 1968, the County Judge asked this Office for an opinion as to the authority of the CommissionersCourt to prepare and sell such tape. We replied to such request by furnishing the County Judge a complete copy of Attorney General's OpinionNo. 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

-1003-. ,

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

article also names the individualsand 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 involveda different type of record and perhaps a different county official, we felt that the same principles of lawwere ;sf involvedand that perhaps said OpinionNo. C-75 would sufficientlyanswer the question involvedhere. Because of the importanceof the question and of the differences of opinion among the variousmembers 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 jurisdictionover all county business as is conferredby the Constitutionand the laws:ofthe State. Tex.Const.,Art. V, Sec. 18.

The jurisdictionof the CommissionersCourt over the county'sbusiness is not general and all Inclusive,but is limited to matters or powers specificallycoveredby the Constitutionand 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 constitutiondeclares that the commissioners courts shall exercise such powers and jurisdictionover all county business as Is conferredby the constitutionand the laws of this state. Under this provision, the powers of the commissionerscourt 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 Legislaturehas, by statute, specificallyenumerated the powers and duties of the CommissionersCourt. Article 2351, Vernon's Civil Statutes; 15 Tex.Jur.2d 262, Counties, % 35.

Sincewe are unable to find any constitutionalor statutory provisionswhich would authorize the Commission"ers Cvrt to prepare

-1004-Hon. Henry Wade, page 3 (M-209)

and sell duplicate copies ofmagnetic tape containingnames of registered voters of the county to private entities to be used for commercialpurposes, 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-Collectorfor each county and provfdes that such Tax Assessor-Collectorshall perform all duties prescribedby the Legislature. Article 5.09a of the Election Code of Texas provides that the County Tax Assessor-Collectorshallbe 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-Collectorshallprepare a certified list of registered voters and shall deliver copies of such list to certain designated persons In accordancewith the provisions ofi&ald statute.

We do not find any statute authorizing a County Tax Assessor-Collectorto furnishunofficial copies of the list of registered voters or prohibitinghim from furnishing such a list. However, In Attorney General'sOpinionV-14 (1947),this office held that,in the absence of a statutoryprohibition,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-dutyhours, ff the same does not interferewith the discharge of those duties imposedupon 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 involvedmoney held bv the Clerks of several Courts of Civil Appeals for furnishinguncertified and unofficial copies of the opinions of their respective courts. The Supreme Court held that a clerk, at his discretion, could furnish othersuncertified 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 servicesperformedwithin the scope of their officialduties prescribedby law. The general principle prohibitingpublic officials from charging fees for the performance of their officialduties 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)

- 1005-Hon. Henry Wade, page 4 (M-209)

11

. . . 'Therebeing no statutoryduty requiring petitioners to furnishuncertified,' unofficial copies of opinions of the courts of civil appeals, no statute fixing any fee for such services, and no valid statute requiring thatmoney received thereforebe 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 sellunofficial copies of the names of registered voters to Individualsor firms.

SUMMARY
The CommissionersCourt 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 commercialpurposes.
The County Tax Assessor-Collector,or his deputy, acting In his individualcapacity,may sell copies of the list of registered voters, either complete lists or certainprecinct lists, compiled in off-dutyhours, If the same does not interferewith the discharge of those duties imposed upon him by law.

Preparedby Jack Sparks AssistantAttorney Genjsral

APPROVED: OPINION COMMITTEE
Hawthorne .Phllllps,Chairman Kerns Taylor, Co-Chairman W. V. Geppert Bill Allen John Reeves Ralph Rash -1006-. -

.

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

A. J. CARUBBI,JR, ExecutiveAssistant