March 13, 1975
The Honorable Ed J. Harris Chairman Election Committee House ofRepresentatives P. 0. Box 2910 Austin, Texas 78767 Opinion **No.** H- 552 **Ret** Proper fee for copies of campaign expense reports. V. T. C.S., art. 3930, sets. 3and 9; V. T. C.S., art. **3930(b),** sec. l(D). Dear Chairman Harris:

You have requested ouz opinion onthe following questions:

1. May a county clerk base the fees he charges for copies ofthe campaign expense reports filed with his qffice by candidates for public office under the provisions of Chapter 14, Texas Election Code, onthe

“reaspnable fees” provision ofSubdivision (9) ofArt. 3930, Vernon’s Annotated Civil **Statutes, [or]**  is he mandated by Section (3) ofthat Article to charge a fee of one dollar ($1.00) per page for such reports? 2. Itcopies ofthe campaign finance reports called for by Chapter 14, Texas Election Code, are 

### covered by the provisions ofSection (9) ofArt. 3930, what cost factors may a clerk utilize to determine the cost ofthe copies and, consequently, the “reasonable fees” called for by Section (9)O Chapter 14ofthe Texas Election Code, as amended, requires <,andidates for public office tqfile reports of campaign contributions and expendi.tures with certain designated officials. Candidates for county offices and state offices where the district is one county or less in size fi.lethese reports with the appropriate county clerk.

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The Honorable Ed J. Harris page 2 (H-552)

You state that some county clerks charge $1.00 per page for a copy ofa filed campaign expense report pursuant to section 3ofarticle 3930, while in other counties varying charges are made pursuant to section 9ofthis article, which authorizes a reasonable fee for otherwise unspecified services.

Article 3930, V. T. C.S. provides in pertinent part as follows:

County clerks and county recorders are hereby authorized and required to collect the following fees for services rendered by them to all persons . . .

. . . . (3) For issuing each certified copy (except certified copy ofmap records and condominium records), notice, statement, license where the fee for issuing the license is not specifically provided by **statute,** or any other instrument, document, or paper authorized, permitted, or required, to be issued by said county clerk or county recorder, except as otherwise provided in Section 1, ofthis Act: For each page, or part ofa page, afee, to be paid in cash at the time cash order is placed, of $1.00. However, nothing in this Act shall be construed to limit or deny to any person, firm, or corporation, full and free access to any papers, documents, proceedings and records referred to inthis Act, the right ofsuch parties to read and examine the same, and to copy information from any microfilm or other photographic image, or other copy thereof under reasonable rules and regulations ofthe county clerk at all reasonable times during thehours the county clerk’s office is open to the public, and without making payment ofany charge, being hereby established and confirmed.

. . . .

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The Honorable Ed J. Harris page 3 (Hr552)

(9) For such other duties prescribed, authorized, and/or permitted by the Legislature for which no fee is set by this Act, reasonable fees shall be charged. A provision in a separate article enacted onthe same day states essentially the same thing as does article 3930(3). Article 3930(b), V. T.C.S., provides in part the following; Section 1, County clerks and clerks of county courts are hereby authorized and required to collect the following fees for services rendered by them toall persons. . . . D. For, issuing each certificate, certified copy, notice,, statement, transcript, or any other instrument, document, or paper authorized, permitted, or required, to be issued by said county clerk or clerk of county courts onwhich there is no return to be recorded: For each page, or part ofa page, afee, to be paid st the time each order is placed, of..
...........$1.00. However, nothing in this Act shall be construed to limit or deny toany person, firm, or corpkation, full and free access to any papers, documents, proceedings, and records referred to in this Act the right of such parties to read and examine the same, and to copy information from any microfilm or other photographic image, or other copy thereof under reasonable rules and regulations ofthe county clerk at all reasonable times during the hours the county clerk’s office is open to the public, and without making payment ofany charge, being hereby established and confirmed. Both section 3ofarticle 3930 and subsection D of section 1ofarticle 3930(b) “authorize and require ”the collection offees of $1.00 for “issuing” certificates, certified copies, notices, etc. For the purposes ofthis statute issue means something more than merely providing a copy. See Snell v. Knowles, 87 S.W.2d 871, 876 (Tex. Civ. App. T-Texarkana 1935, writ dismissed); Bourn y. Robinson, 107S,W. 873, 875 (Tex. Civ. App. 1908, nowrit hist).

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The Honorable Ed J. Harris page 4 (H-552)

Ina case dealing with the expenses ofissuing bonds, the verb

“issue” was defined as follows:

To send out, to send out officially; to send forth, to putforth; todeliver, for use, 

### or authoritatively; to putinto circulation; to emit; to go out; to go forth 

### as authoritative or binding. Stokes v.Paschall, 243 S.W. 611, 614 (Tex. Civ. App. --Ft. Worth 1932, nowrit hint). In our opinion, the fee of $1.00 per page authorized by section (3) ofarticle 3930 and subsection D of section 1ofarticle 3930(b), V. T.C. S., is applicable t&those copies of campaign expense reports which the clerk byhis official act “issues, ” that is, sends out officially as authoritative or binding. Inthe 

### case of copies ofdocuments onfile inhis office, this can be done by certifying that the copy ofthe document is true and genuine. We donot believe that the $1.00 fee is applicable to making non-certified photographic reproductions of such documents.

Your second question is what coot factors may be utilized by a clerk to determine the coat ofmaking uncertified copies, and the reasonable fee for such copies under section (9), article 3930, V. T. C.S.

Our statutes offer.little guidance as towhat constitutes a reasonable fee, and we feel a complete answer is beyond the capabilities ofthis office beyond pointing out some ofthe factors which cannot be utilized.

Article 3904, V. T. C.S., prohibits the charging ofafee for the examination ofany paper or record in his office. A citizen’s right to copy records in the clerk’s office under article 1945, V. T. C.S., may not be burdened with rental charges for space and accomodations, such as furniture and fixtures. Tarrant County v. Rattikin Title Co., supra.

Thus, we believe that such factors as the expense oflocating the records, making them physically available for inspection and copying, and “overhead” 

### charges for rental of space, furniture, or fixtures, may not be considered in determining a reasonable fee for providing uncertified copies ofrecordr filed in

### the office of county clerks.

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The Honorable Ed J. Harris page 5 (H-552)

SUMMARY. The fee of $1.00 per page for copies of campaign expense reports filed in the office of county clerks applies to certified copies. V. T. C.S., art. 3930, sec. 9; V.T.C.S., art. 3930(b), sec. 1(D). A reasonable fee may be charged for making uncertified copies of campaign expense reports. V. T. C.S., art. 3930, sec. 9. **No** charge may be made for producing records to be inspected or copied or for overhead, V. T. C.S., arts. 1945, 3904.

APPROVED: Very truly yours,

/fi JOHN L. HI L Attorney General of Texas

DAVID h$ KENDALL, First Assistant 

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C. ROBERT HEATH. Chairman Opinion Committee lg

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