Honorable T. T. Sanders, Jr.

Assistant CrominalDistrict Attorney Edlnburg, Texas

Dear Sir: OpinlonNo. 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 toHonorable Gerald C. Mann, AttorneyGeneral ofTexas, reads as follows:

"Pursuantto a conversationhad 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 salewas 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.

"Theamount of judgmentwhich the State of Texas recovered in this connectionwas $l,OOO.OO togetherwith the court costs In connection therewith; thereupona writ of executionwas issued, and the property sold in compliancewith the statutes governing executions. At the sale, this office purchased the property for the State for $500.00

"TheSheriff of this county has 

### executed the Sheriff'sDeed to said property to "TheState of Texas". Upon the delivery of thisdeed.to the County Clerk of this county for recording, he refused to accept the samewithout 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

"Thisofficewould like to ascertain from your department the procedure tc pay the recordlng fees In this connection, and also theprocedure necessary to enable eitheryour department
or thls,offlce,working in connectionwith 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 theRevised Civil Statutes, read as follows:

"Article 4401. If any property shallbe sold~byvirtue of any execution, order or sale issuedupon any judgment In favor of the State or sale by vlrtue.ofany deed of trust - except executions issuedupon 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 saidpropertywhen It shall be deemed proper to protect the interest of the State In the collection of such judgmentand debt. His bid shall not exceed the amount necessary to satisfy said judgmentand debt and .a11costs due thereon.

"Article4402. In all cases where property 1s sopurchasedby the State, the officer selling the same shal?~execute and deliver to the State s deed to the same, such as Isprescribed 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 otherwisedispose 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 judgmentor 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

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### 0-1066

perform some serviceswithout compensationhavingbeen 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 ofBurke, County Clerk vs. Bexar County, 271 S.W. 132, the court held that Itmakes no difference whether fees are provided for or not, in cases of adaltlonal officialwork when compensation Is left to construction, It must be most favorably construed In favor of the government, and the officialwill receive no additional compensation thereofunless provision Ismade for compensation.

We are Informedby the Comptroller'sOffice that Hldalgo County had a population of 77,004 inhabitantsaccording to the last Federal Census, and that the county officials ofHlaalgo County are compensatedon a salarybasis.

Section 1 of Article 3912e, supra, specifically provides that the State or any county shall not pay to any county officer inany county.contalnlnga population of 20,000 inhabitantsor more, according to the last preceding Federal Census, any fee or,commlssion for any serviceby 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 thereinafterprovided In theAct, and costs -Inclvll casesby the State.

You are respectfullyadvised 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 propertymentioned in your inquiryat the sale shallbe authorized by and with the advice of the AttorneyGeneral, at any tlme to sell or otherwise dispose of saidproperty so purchased in the manner acquired and upon such terms and conditionsas the Attorney General may deem most advantageous to the State. The proceeds of such sale shall be applied to the judgmentand costs, and that lf suchproperty 1sdisposed of for a greater amount than Isnecessary to pay off the amount due upon the judgmentand 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 

### iSmade, the AttorneyGeneral 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 FIRSTASSISTANT ATTORNEYGENERAL Approved Opinion CommitteeBy R.W.F. Chairman