### THE ATTORNEY GENERAL OF TEXAS

June 12, 1989

Honorable Tony Hileman Marion Countv Attornev 105Austin Street Jefferson, Texas 75657 Opinion No. JM-1056
Re: Whether acounty treasurer may charge a county judge for copies of records maintained by the county treasurer (RQ-1614)
DearMr. Hileman:
You ask: Van aCounty Treasurer charge aCounty Judge forcopies ofrecords on file inthe County Treasurer's Office?" We understand your inquiry toconcern information sought by the county judge inconnection with preparation of the county budget. Subtitle Bof title 4of the Local Government Code concerns county finances. LocalGov't Code 55 111.001-130.007. Chapter 111 deals with county budgets, and subchapter A (sections 111.001-111.012) regulates the preparation of budgets incounties with apopulation of 225,000 or less. See Local Gov't Code 5111.001. Marion County, according to the 1980 census, has apopulation of 10,360. See Gov't Code §311.005(3) (definition ofpopulation). Section 111.005 ofthe Local Government Code provides:
Inpreparing thebudget, the county judge may require any county officer to furnish information necessary forthe judge toproperly prepare thebudget. Section 111.004 states:

(a) The county judge shall itemize the budget to allow asclear a comparison as practicable between expenditures included in theproposed budget and actual expenditures for the same or similar purposes that were made 

### for the preceding fiscal year. The budget must show as definitely as possible each of the projects forwhich an appropriation is established in thebudget and the



### p.5498Honorable Tony Hileman -Page'2 (JM-1056)

estimated amount of money carried in the budget foreach project. (b) Thebudget must contain a complete financial statement of the county that shows:

(1) the outstanding obligations of the county: (2) the cash on hand to the credit of each fund of the county government: (3) the funds received from all sources during the preceding fiscalyear; (4) the funds available from all sources during the ensuing fiscalyear: (5) the estimated revenues available to cover theproposed budget: and (6) the estimated tax rate required to cover theproposed budget. (c) Inpreparing the budget, the county judge shall estimate the revenue tobe derived fromtaxes to be levied and collected in the succeeding fiscal year and shall include that revenue inthe estimate of funds available to cover theproposed budget. The corresponding provisions governing the preparation of budgets by county auditors incounties with a population exceeding 225,000 are found in sections 111.036 and 111.034 of the Local Government Code.
you have directed our attention to section 118.141 of the Local Government Code,which lists a schedule of fees forparticular services following adeclaration that:

The county treasurer, or another officer who receives revenue in place of the county treasurer, may collect the following fees for e ices rendered to anvnerson. :d:d.) (Emphasis

The term "any person" is very broad, but we do notbelieve the fees specified by section 118.141 are

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applicable1 to records required by the county judge. When copies of records are furnished indischarge of the duty of the treasurer to furnish the information necessary for the judge to properly prepare thebudget, the treasurer does not r 

### der rvices to the judge: d?ichar:zs a instead, the treasurer merely

statutory duty of his own. m Attorney General Opinion M-170 (1967); see also Local Gov't Code 55 111.012 (acounty treasurer who refuses to furnish such information orotherwise fails tocomply with the reguirements of the subchapter commits an offense punishable by both a fine and confinement in jail), 83.002 (treasurer's bond required).
InAttorney General Opinion M-170 (1967),the attorney general considered a statute that authorized and required county clerks to collect certain fees "for services rendered by them to allpersons, firms, corporations, legal entities, governmen 1aaencies and/or aovernmental (Emphasistidded.) renresentatives." The question waswhether a county clerk was entitled to collect a fee fromthe state treasurer for providing the treasurer with certified copies oforders the clerkwas required by the Probate Code to send. In the course of advising the state treasurer thathe was not required to pay county clerks for such copies, the opinion observed, "[T]hemailing of the certified copy to the State Treasurer is not a 'service rendered' to that state official, but isan actdone by the county clerk or recorder in furtherance ofhis own legal duties." J& at 4.
We are of the opinion that sections 111.004, 111.005, and 118.141 of the Local Government Code are inharmony when properly construed, and that a county judgemay not be charged by a county treasurer forcopies of records on file

1. Section 118.145 states that fees collected pursuant to section 118.141 are to bedeposited inthe general fund of the county to the credit of the county treasurer's fees of office account. Marion County is a l'salary'*county rather than a sfeeO' county, we are informed; all county officers, including the county treasurer, arepaid a salary and arenot dependent oncollected fees fortheir compensation. & Tex. Const. art. XVI, S 61; Local Gov't Code 5154.004 (county prohibited from paying fee for service rendered by salaried county officer).

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inthe county treasurer's office required by the county judge inconnection with preparation of the county budget.2 m Attorney General Opinion M-142 (1967); EfL Attorney General Opinions JM-779 (1987) (recordation of abstracts); JM-392 (1985) (filing fee). See aeneraLly 35 D. Brooks, Texas Practice !jS15.1-.15 (1989).
We note that the county judge should be permitted access to the treasurer#s office during ordinary working hours and inamanner that isconvenient toboth parties and not disruptive of the treasurer's office routine, The standard in such matters in one of reasonableness. Furthermore, if one county official suspects another of misconduct in office, the matter should be handled in consultation with thedistrict or county attorney. Absent such circumstances, it is not appropriate for one county official to usehis or her office to acquire access to records for the purpose of harassing or otherwise intimidating another county official.

SUMMARY
A county judgemay not be charged by a county treasurer for copies of records on file in the county treasurer's office required by the judge in connection with preparation of the county budget.

JIM MATTOX Attorney General ofTexas

2. The Local Government Code, ofwhich section 118.141 isa part, was enacted in 1987, as a non-substantive revision of existing laws. Acts 1987, 70th Leg., ch. 149, S51, at 1308. Section 118.141 was derived from former article 3943f,V.T.C.S., enacted in 1985,which specified that the indicated fees could be collected from "the appropriate individuals, firms, corporations, governmental agencies, governmental representatives, or other legal entities." Acts 1985, 69thbeg., ch. 145, 5 6,at 671;see Gov't Code 5311.005 (definition ofWperson'*except where a different definition isrequired by context).

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.

MARYKELLER

First Assistant Attorney General
LouMCcRFARY Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General
RICK GILPIN Chairman, Opinion Committee Prepared byRick Gilpin Assistant Attorney General

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