June 13, 1952

Hon. Karl Cayton District Attorney Lamesa,Texas OpinionNo. v-1460

Re: Retention and disposition by the district attorney of a ten per cent commission on a collectionmade

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 performingduties provided in Article 3232a,V.C.S.

Section 11 of Article 3232a,V.C.S., provides:
"Indigentpublicpatients shall be supported entirely at the expense of the State. Non-indigentpublic 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-indigentpatients and the claim of the State for such support,maintenance and treatment shall constitutea valid lien against property of such patient,
or in case he has a guardian, against the estate, or against the person or personswho may be legally liable for his support,maintenance and treatment and financiallyable to contribute thereto; and such clalm~may be collectedby suit or other procedures, in the
name of this State, by the county or district attorney of the county fromwhich 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,maintenanceand treatment,as the case may be; such suit or proceedingto be instituted 'upon the written request Of the StateBoard of Control, accompaniedbyHon. Karl Cayton, page 2 (v-1460)

the certificateof the superintendentof 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 certificateof the superintendent shall be sufficient evidence of the amount due the State for the support of such patlent. The county or districtattorney representing the State shall be entitled to a commissionof 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 improvementof said hospital." (Emphasisadded.)

Section 61 of ArticleXVI of the Constitution of Texas provides in part:

"All fees earned by district, county and precinct officers shall be paid into the county treasurywhere earned for the account of the proper fund, provided that fees incurred by the State, county and any municipality,or in casewhere a pauper's oath is filed, shall be paid into the county treasurytihencollected and provided that where any officer is compensatedwholly 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 districtattorney is required to pay into the county treasury all fees collectedby his office in performanceof his duties. Therefore, it is our opinion that the ten per cent commissionprescribed in Section 11 of Article 3232a,V.C.S., for representing the State in the collectionof claims due the State for the support, maintenance and treatment of non-indigentpublicpatients cannot be retained by the district attorney and must be paid Into the officers' salary fund as requiredby Section 61 of Article XVI of the Constitution of Texas.Hon. Karl Cayton, page 3 (v-1460)

SUMMARY

The fees and commissionsprescribed 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-indigentpublicpatients cannot be retained by the districtattorney and must be paid Into the officers' salary fund as req'uired

by Section 61 of ArticleXVI of the Constitution of Texas.

Yours very truly,

APPROVED:

J. C. Davis, Jr. County Affairs Division PRICEDANIEL Attorney General

Mary K. Wall Reviewing Assistant

Charles D. Mathews First Assistant BYtie+ Assistant

JR:lllh