Honorable T. T. Sanders, Jr. 

Assistant Crominal District Attorney 

Edlnburg, Texas 

Dear Sir: Opinlon No. O-1066 

Re: What Is the procedure to pay the recording fee in the case of Valentin 

Ramlres, described, and the procedure 

necessary to sell the property for 

cash and dispose of the proceeds? 

Your request for an opinion on the above stated 

question has been received by.this office. 

Your letter addressed to Honorable Gerald C. Mann, 

Attorney General of Texas, reads as follows: 

"Pursuant to a conversation had with you 

personally over the telephone, on April 4, 1939, 

our office received a telegram from you authorizing this office, on your behalf, to purchase 

at execution sale certain real property located 

in this county. 

"This sale was conducted in accordance 

with Article 4401, Revised Civil Statutes of 

1925; and was for the purpose of completing the 

forfeiture of a bail bond of the above defendant. 

"The amount of judgment which the State of 

Texas recovered in this connection was $l,OOO.OO 

together with the court costs In connection therewith; thereupon a writ of execution was issued, 

and the property sold in compliance with the statutes 

governing executions. At the sale, this office 

purchased the property for the State for $500.00 

"The Sheriff of this county has executed 

the Sheriff's Deed to said property to "The State 

of Texas". Upon the delivery of this deed.to the 

County Clerk of this county for recording, he refused to accept the same without a guaranty as to 

the payment of the recording fee; and the deed 

remains in the office of the Sheriff. 
Honorable T. T. Sanders, Jr., page 2 O-1066 

"This office would like to ascertain from 

your department the procedure tc pay the recordlng fees In this connection, and also the procedure necessary to enable either your department 

or thls,offlce, working in connection with your 

department, to s&l this property for cash, If 

possible, and the disposition of the proceeds 

received therefrom." 

Articles 4401, 4402, and 4403, of the Revised Civil 

Statutes, read as follows: 

"Article 4401. If any property shall be 

sold~by virtue of any execution, order or sale 

issued upon any judgment In favor of the State 

or sale by vlrtue.of any deed of trust - except 

executions issued upon judgments In cases of 

sclre faclas the agent representing the State 

by and with the advice and consent of the Attorney General Is hereby authorized and required 

to attend such sales and bid on and buy in for 

the State said property when It shall be deemed 

proper to protect the interest of the State In 

the collection of such judgment and debt. His 

bid shall not exceed the amount necessary to 

satisfy said judgment and debt and .a11 costs due 

thereon. 

"Article 4402. In all cases where property 1s so purchased by the State, the officer 

selling the same shal?~ execute and deliver to 

the State s deed to the same, such as Is prescribed 

for individuals In similar cases. 

"Article 4403. The agent or attorney of 

the State buying for the State such property 

at such sales shall be authorized by and with the 

advice and consent of the Attorney General, at 

any time to sell or otherwise dispose of said 

property so purchased. In the manner acquired and 

upon such terms and conditions as he may deem 

most advantageous to the State. If sold or aisposed of for a greater amount than Is necessary 

to pay off the amount due upon the judgment or 

debt, and all costs accrued thereon, the remainder shall be paid into the State Treasury to the 

credit of the general revenue. When such sale is 

made, the Attorney General shall, in the name of 

the State, execute and deliver to the purchaser a 

deed of conveyance to said property, which deed 
BoMisbls T. T. SsuQers, Jr., .Pags S 

the 8s~. awh se 18 prwerlbed fbr ladirlQt1al8 in similar 08808. 

%rtlob 4403. Tha sgmt or attorney 0r the state -buying ror th* stat8 

8uohproperty8tMh8akrrcrballbsapthori?.eQ bf anA with the drioa and ooasent or the Attorasy Qaa ml, at say 

tiu to .een or othomi8a diapo88 or 

said property 80 puroha88d'ln th8maw 

wr aoguired 8aQ upoa aus@ tsras 8aQ 

ooaditlons 88 he aai Qeimt nost sQwatageous tj0 the 6tst8. fr sold or bLspose& or ror a grsatsr amount than is 

aooossary to pay off the mount dw upon the. jaQgment or debt, end all 008ts 

aoerped thsraoa-tilts razna~erahnll be 

paid lato tka State Tr8amry to the 

om3dLt orthe mrsl ~veauo. whoa 

suoh Sale i6Sl8&,th8AttOlZl+J~~L&- 

al 8hal1, in th8 x1653 of the State, axeotsto sad delimr W.tIu purcha88r a 

Qoaa 0r ooavrryawn to 8aid' property, 

whlok dead shallvmat iu the right8 

a04 title to the saw in tks pmksser 

thSWf.- 

sootlon 1 of artlole selsa, Rsv2864 citi statutes, r8sQs a8 r0n0rs: 

*so di8triot ofrlo0r 8imllbe paI4 

by the State of Tom8 any teaa or aemmlesloa ror any serrloe parforms by 

hir; nor, shall the State or any oouaty 

pa7 to any county orrleer fn tin7 oouaty 

00nfainlo(5 8 p0pul8tht1 or .h08ty tdurcr8anQ .fS0,OWl lakabltsnts or more sooording to tbs last prsss~ Psdersz 

c6mu8 43ay it38 QC eomml8sioa ror *y 

SOLOS by hit8 psrtOZ%M 88 8UOb Or& 

osr; providsd, kowever, tkat tks sasoe 

8or sad eollsotior or t6ma 8kall OQptSnus ta oolleot 8aQ retala for the bsnarit 

0t tbs orrhw~ salary Rmd or mm 

hsrelnafter provl&& for, all r808 aab 

oomulssioas sd;liah he l8 authorized rrnQ& 

law to oolleot; ati it 8hrllbe hl8 d&by 

",,03t f0r qt9Q to prsf aU craahW8 

himintothsfuaQorfund8 

oreatdi pru~iQ& ror us&or t&a pm- 
Honorable T. T. Sanders, Jr., page 4 0-1066 

perform some services without compensation having been provided therefor by law. Such Is held to be Incident to the 

office, upon the acceptance of which the obligation to perform is imposed. 

In the case of Burke, County Clerk vs. Bexar County, 

271 S.W. 132, the court held that It makes no difference 

whether fees are provided for or not, in cases of adaltlonal 

official work when compensation Is left to construction, It 

must be most favorably construed In favor of the government, 

and the official will receive no additional compensation 

thereof unless provision Is made for compensation. 

We are Informed by the Comptroller's Office that 

Hldalgo County had a population of 77,004 inhabitants according to the last Federal Census, and that the county officials 

of Hlaalgo County are compensated on a salary basis. 

Section 1 of Article 3912e, supra, specifically 

provides that the State or any county shall not pay to any 

county officer in any county.contalnlng a population of 20,000 

inhabitants or more, according to the last preceding Federal 

Census, any fee or,commlssion for any service by him performed, as such officer, excepting fees that the assessor 

and collector of taxes shall continue to collect and retain 

for the benefit of the Officers ' Salary Fund or funds thereinafter provided In the Act, and costs -In clvll cases by the 

State. 

You are respectfully advised that It Is the oplnlon 

of this department that the County Clerk Is not entitled to 

a fee for recording the deed for the State mentioned In your 

'letter. 

You are further advised that the agent and attorney 

of the State buying for the State the property mentioned in 

your inquiry at the sale shall be authorized by and with the 

advice of the Attorney General, at any tlme to sell or otherwise dispose of said property so purchased in the manner acquired and upon such terms and conditions as the Attorney 

General may deem most advantageous to the State. The proceeds 

of such sale shall be applied to the judgment and costs, and 

that lf such property 1s disposed of for a greater amount than 

Is necessary to pay off the amount due upon the judgment and 

all costs of suit thereon, the remainder shall be paid Into 

the State Treasury to the cedlt of the general revenr!e, and, 

when the sale iS made, the Attorney General shall, in the 

name of the State, execute and deliver a deed to the purchaser 

conveying said property to the purchaser. 
Honorable T. T. Sanders, Jr., page 5 O-1066 

we remain 

Trusting that the foregoing anawera your inquiry, 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s,fArdell Williams 

Ardell Williams 

Assistant 

AW:FG:wc 

APPROVED JULY 29, 1939 

a/W. F. Moore 

FIRST ASSISTANT 

ATTORNEY GENERAL 

Approved Opinion Committee By R.W.F. Chairman