March 13, 1975 

The Honorable Ed J. Harris 

Chairman 

Election Committee 

House of Representatives 

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. 

3 and 9; V. T. C. S., art. 3930(b), 

sec. l(D). 

Dear Chairman Harris: 

You have requested ouz opinion on the following questions: 

1. May a county clerk base the fees he charges for 

copies of the campaign expense reports filed with his 

qffice by candidates for public office under the provisions of Chapter 14, Texas Election Code, on the 

“reaspnable fees” provision of Subdivision (9) of Art. 

3930, Vernon’s Annotated Civil Statutes, [or] is he 

mandated by Section (3) of that Article to charge a 

fee of one dollar ($1.00) per page for such reports? 

2. It copies of the campaign finance reports 

called for by Chapter 14, Texas Election Code, are 

covered by the provisions of Section (9) of Art. 3930, 

what cost factors may a clerk utilize to determine the 

cost of the copies and, consequently, the “reasonable 

fees” called for by Section (9)O 

Chapter 14 of the Texas Election Code, as amended, requires 

<,andidates for public office tq file 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.le these reports with the appropriate county clerk. 

p. 2480 
. 

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

You state that some county clerks charge $1.00 per page for a 

copy of a filed campaign expense report pursuant to section 3 of article 

3930, while in other counties varying charges are made pursuant to 

section 9 of this 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 of map 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, of this Act: 

For each page, or part of a page, a fee, 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 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 of the county clerk at all reasonable 

times during the hours the county clerk’s office is open 

to the public, and without making payment of any charge, 

being hereby established and confirmed. 

. . . . 

p. 2481 
. 

The Honorable Ed J. Harris page 3 (Hr 552) 

(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 on the 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 to all 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 on which there is no return to be recorded: 

For each page, or part of a page, a fee, 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 to any 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 of the county clerk at all reasonable 

times during the hours the county clerk’s office is 

open to the public, and without making payment of any 

charge, being hereby established and confirmed. 

Both section 3 of article 3930 and subsection D of section 1 of article 

3930(b) “authorize and require ” the collection of fees of $1.00 for “issuing” 

certificates, certified copies, notices, etc. For the purposes of this 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, 107 S, W. 873, 875 (Tex. Civ. App. 1908, 

no writ hist). 

p. 2482 
. - 

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

In a case dealing with the expenses of issuing bonds, the verb 

“issue” was defined as follows: 

To send out, to send out officially; to send forth, 

to put forth; to deliver, for use, or authoritatively; 

to put into 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, 

no writ hint). 

In our opinion, the fee of $1.00 per page authorized by section (3) 

of article 3930 and subsection D of section 1 of article 3930(b), V. T. C. S. , 

is applicable t&those copies of campaign expense reports which the clerk 

by his official act “issues, ” that is, sends out officially as authoritative 

or binding. In the case of copies of documents on file in his office, this 

can be done by certifying that the copy of the document is true and genuine. 

We do not 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 of making uncertified copies, and the reasonable 

fee for such copies under section (9), article 3930, V. T. C. S. 

Our statutes offer.little guidance as to what constitutes a reasonable 

fee, and we feel a complete answer is beyond the capabilities of this office 

beyond pointing out some of the factors which cannot be utilized. 

Article 3904, V. T. C. S., prohibits the charging of a fee for the 

examination of any 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 of locating 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 of recordr filed in the office of county clerks. 

p. 2483 
. - 

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, 

JOHN L. /fi HI L 

Attorney General of Texas 

DAVID h$ KENDALL, First Assistant 

&& 

C. ROBERT HEATH. Chairman 

Opinion Committee 

lg 

p. 2484