THE ATTORNEY GENERAL 

OF TEXAS 

June 12, 1989 

Honorable Tony Hileman 

Marion Countv Attornev 

105 Austin Street 

Jefferson, Texas 75657 

Opinion No. JM-1056 

Re: Whether a county treasurer 

may charge a county judge for 

copies of records maintained by 

the county treasurer (RQ-1614) 

Dear Mr. Hileman: 

You ask: Van a County Treasurer charge a County Judge 

for copies of records on file in the County Treasurer's 

Office?" We understand your inquiry to concern information 

sought by the county judge in connection with preparation of 

the county budget. 

Subtitle B of title 4 of the Local Government Code concerns county finances. Local Gov'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 in counties with a population of 225,000 or less. 

See Local Gov't Code 5 111.001. Marion County, according to 

the 1980 census, has a population of 10,360. See Gov't Code 

§ 311.005(3) (definition of population). 

Section 111.005 of the Local Government Code provides: 

In preparing the budget, the county judge 

may require any county officer to furnish information necessary for the judge to properly 

prepare the budget. 

Section 111.004 states: 

(a) The county judge shall itemize the 

budget to allow as clear a comparison as 

practicable between expenditures included in 

the proposed 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 for which an appropriation is established in the budget and the 

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Honorable Tony Hileman - Page'2 (JM-1056) 

estimated amount of money carried in the 

budget for each project. 

(b) The budget 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 fiscal year; 

(4) the funds available from all 

sources during the ensuing fiscal year: 

(5) the estimated revenues available 

to cover the proposed budget: and 

(6) the estimated tax rate required 

to cover the proposed budget. 

(c) In preparing the budget, the county 

judge shall estimate the revenue to be derived from taxes to be levied and collected 

in the succeeding fiscal year and shall 

include that revenue in the estimate of funds 

available to cover the proposed budget. 

The corresponding provisions governing the preparation of 

budgets by county auditors in counties 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 

for particular services following a declaration 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 anv nerson. 

:d:d.) 

(Emphasis 

The term "any person" is very broad, but we do 

not believe the fees specified by section 118.141 are 

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Honorable Tony Hileman - Page 3 (JM-1056) 

applicable1 to records required by the county judge. When 

copies of records are furnished in discharge of the duty of 

the treasurer to furnish the information necessary for the 

judge to properly prepare the budget, 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 (a county treasurer who refuses to furnish such 

information or otherwise fails to comply with the reguirements of the subchapter commits an offense punishable by 

both a fine and confinement in jail), 83.002 (treasurer's 

bond required). 

In Attorney 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 all persons, firms, corporations, legal entities, 

governmen 1 aaencies and/or aovernmental 

(Emphasistidded.) 

renresenta tives." 

The question was whether a county clerk 

was entitled to collect a fee from the state treasurer for 

providing the treasurer with certified copies of orders the 

clerk was required by the Probate Code to send. In the 

course of advising the state treasurer that he was not 

required to pay county clerks for such copies, the opinion 

observed, "[T]he mailing of the certified copy to the State 

Treasurer is not a 'service rendered' to that state 

official, but is an act done by the county clerk or recorder 

in furtherance of his 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 in harmony when 

properly construed, and that a county judge may not be 

charged by a county treasurer for copies of records on file 

1. Section 118.145 states that fees collected pursuant 

to section 118.141 are to be deposited in the 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, are paid a salary 

and are not dependent on collected fees for their compensation. & Tex. Const. art. XVI, S 61; Local Gov't Code 

5 154.004 (county prohibited from paying fee for service 

rendered by salaried county officer). 

p. 5500 
Honorable Tony Hileman - Page 4 (JM-1056) 

in the county treasurer's office required by the county 

judge in connection 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 !jS 15.1-.15 (1989). 

We note that the county judge should be permitted 

access to the treasurer#s office during ordinary working 

hours and in a manner that is convenient to both 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 the district or county attorney. Absent 

such circumstances, it is not appropriate for one county 

official to use his or her office to acquire access to 

records for the purpose of harassing or otherwise 

intimidating another county official. 

SUMMARY 

A county judge may 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 of Texas 

2. The Local Government Code, of which section 118.141 

is a part, was enacted in 1987, as a non-substantive 

revision of existing laws. Acts 1987, 70th Leg., ch. 149, 

S 51, 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, 69th beg., ch. 145, 5 6, at 671; see 

Gov't Code 5 311.005 (definition of Wperson'* except where a 

different definition is required by context). 

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5 Honorable Tony Hileman - Page 5 (JM-1056) 

. 

MARYKELLER 

First Assistant Attorney General 

Lou MCcRFARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Rick Gilpin 

Assistant Attorney General 

p. 5502