June 13, 1952 

Hon. Karl Cayton 

District Attorney 

Lamesa, Texas 

Opinion No. v-1460 

Re: Retention and disposition 

by the district attorney 

of a ten per cent commission on a collection made 

Dear Sir: 

in a State hospital patient 

board and treatment case. 

Yo,u have requested an opinion concerning 

the authority of the district attorney to retain fees 

and commissions for performing duties provided in 

Article 3232a, V.C.S. 

Section 11 of Article 3232a, V.C.S., provides: 

"Indigent public patients shall be supported entirely at the expense of the State. 

Non-indigent public patients shall be kept 

and maintained at the expense of the State 

as in the first instance; but In such cases 

the State shall have the right to be reimbursed for the support, maintenance and treatment of such non-indigent patients and the 

claim of the State for such support, maintenance and treatment shall constitute a 

valid lien against property of such patient, 

or in case he has a guardian, against the 

estate, or against the person or persons who 

may be legally liable for his support, maintenance and treatment and financially able 

to contribute thereto; and such clalm~may be 

collected by suit or other procedures, in the 

name of this State, by the county or district 

attorney of the county from which said patient 

is sent, or in case of the refusal or inability 

of both to act, the Attorney General shall represent the State against such patient, his 

guardian, or the person or persons liable for 

his support, maintenance and treatment, as 

the case may be; such suit or proceeding to 

be instituted 'upon the written request Of 

the State Board of Control, accompanied by 
Hon. Karl Cayton, page 2 (v-1460) 

the certificate of the superintendent of the 

hospital as to the amount due the State, 

which shall in no case exceed the sum set 

by the Board of Control. In all such suits 

or proceedings, the certificate of the superintendent shall be sufficient evidence of 

the amount due the State for the support of 

such patlent. The county or district attorney 

representing the State shall be entitled to a 

commission of ten per cent (10%) of the amount 

collected. All money so collected, less 

such commission, shall be, by said attorney, 

paid to the hospital, which shall receive 

and receipt for the same and shall use the 

same for the maintenance and improvement of 

said hospital." (Emphasis added.) 

Section 61 of Article XVI of the Constitution 

of Texas provides in part: 

"All fees earned by district, county and 

precinct officers shall be paid into the county treasury where earned for the account of 

the proper fund, provided that fees incurred 

by the State, county and any municipality, or 

in case where a pauper's oath is filed, shall 

be paid into the county treasury tihen collected and provided that where any officer is compensated wholly on a fee basis such fees may 

be retained by such officer or paid into the 

treasury of the county as the Commissioners 

Court may direct. ~ o *" 

By virtue of the above-quoted constitutional 

provision the district attorney is required to pay into 

the county treasury all fees collected by his office in 

performance of his duties. Therefore, it is our opinion 

that the ten per cent commission prescribed in Section 

11 of Article 3232a, V.C.S., for representing the State 

in the collection of claims due the State for the support, 

maintenance and treatment of non-indigent public patients 

cannot be retained by the district attorney and must be 

paid Into the officers' salary fund as required by Section 61 of Article XVI of the Constitution of Texas. 
Hon. Karl Cayton, page 3 (v-1460) 

SUMMARY 

The fees and commissions prescribed in 

Section 11 of Article 3232a, V.C.S,, for representing the State in the collection of claims 

due the State for the support, maintenance and 

treatment of non-indigent public patients cannot be retained by the district attorney and 

must be paid Into the officers' salary fund as 

req'uired by Section 61 of Article XVI of the 

Constitution of Texas. 

Yours very truly, 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

PRICE DANIEL 

Attorney General 

Mary K. Wall 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

BYtie+ 

Assistant 

JR:lllh