, .
The Attorney General of Texas
MSY 13. 1982
MARK WHITE
Attorney General
Honorable Mike Driscoll opinion No. MW466
Supreme Court Bullding Harris County Attorney
P. 0. Box 12549
Austin. TX. 78711- 2549
1001 Preston, Suite 634 Re: Construction of article
5121475-2501 Houston, Texas 77002 3930(c),V.T.C.S.
Telex 9101374~1357
Telecopier 51214750286 Dear Mr. Driscoll:
1907 Main St., Suite 1400
You ask a series of six questions concerning the proper
Dallas, TX. 75201.4709 construction of article 3930(c). V.T.C.S., which provides Ln pertinent
21417428944 part:
Section 1. (a) Each legal paper offered ,
4824 Alberta Ave., Suite 180
presented to a county clerk and county recorder
El Paso. TX. 799052793
915/633.3464 for filing or for recording other than fees
authorized In Article 3930(b), Revised Civil
Statutes of Texas, 1925, should meet the
,220 Dallas Ave.. Suite 202 requirements specified in Subsections (b) through
Houston. TX. 770028986
713m5Oa55.
(g) of this section.
(b) A page Is defined as one side of a sheet
605 Broadway, Suite 312 of paper, no more than 0% Inches wide and 14
Lubbock. TX. 79401-3479 inches long, of sufficient weight and substance
SOSi747.5239
that printing or typing or handwriting thereon
will not smear or 'bleed through,' and the paper
4309 N. Tenlh. Suite S shall be suitable otherwise for reproducing from
McAllen, TX. 79501-1885 it a readable record by photocopy or photostatic
512/5&2.4547 or microphotographic process or processes used in
the offices of county clerks.
2w MaIn Plaza. suite 400
San Antonio, TX. 73205.2797 ....
512l226.4191
(e) Names shall be legibly typed or printed
An Equal Opportunity/
immediately under each signature.
Affirmative Action Employbr
(f) All photostats, photocopies, and other
types of reproduction shall have black printing,
tYping t or handwriting on a white background,
commonly known as positive prints.
....
p. 1626
Honorable Mike Driscoll - Page 2 (MW-466
sec. 2. (a) The filing fee or recording fee
for each page of a legal paper which is offered or
presented for filing or for recording to a county
clerk or county recorder and which fails to meet
the requirements for, or which is deficient in.
one or more of the items specified in Section 1 of
this article, shall be equal to twice the regular
filing fee or recording:fee provided by statute
for that page.
You wish to know whether the county clerk of Harris County should
charge double the filing fee as provided in section 2 of the statute
in each of the following factual situations:
a. For a page of an exhibit, attachment or
rider attached to a legal document which exhibit,
attachment or rider bears an original signature
which does not have the name legibly typed or
printed immediately under the signature.
b. For a page of an exhibit; attachment or
rider which is a photocopy and is attached to a
legal document which bears a photocopy of a
signature which does not shave the name legibly
typed or printed immediately under the photocopy
signature.
C. For a page of a legal document which bears
the signature of a corporation with the name of
the corporation printed or typed and gigned by the
president or other officer ,thereof, without the
name of the president or other officer signing,
printed immediately below his signature.
d. For a page of an affidavit which bears the
signature of the notary public without the notary
public’s name printed or typed immediately below
the notary public’s signature.
e. For a page of a legal document which bears
an acknowledgment without the notary public’s name
printed or typed tiediately below his signature.
f. For a page of a certified copy of a
probate proceeding from another county which bears
a photocopy of a signature of a judge without the
name of the judge printed or typed immediately
thereunder.
n. 1627
. .
Honorable Mike Driscoll - Page 3 (MW-466)
We conclude that the county clerk may not charge double the filing fee
in the first, second, and sixth factual situations you present. The
county clerk, however, should charge double the filing fee in the
third, fourth, and fifth factual situations.
Your principal concern centers on the requirement advanced in
subsection (e) which provides that "[nlames shall be legibly typed or
printed immediately under each signature." (Emphasis added). There
is no direct authority on point, and the statute is reasonably
susceptible of two constructions. Under one construction, the
requirements set forth in section 1 apply not only to each page of a
"legal paper offered or presented to a county clerk and county
recorder for filing or for recording" but also to each photocopy or
rider attached thereto. Under this reading, the requirement that
names shall be legibly typed or printed immediately under each
signature would be imposed upon photocopies and riders attached to
pages of legal papers as well as upon normal pages of legal papers.
It is our opinion, however, that a more reasonable construction would
impose the subsection (e) requirement only on a page of a legal paper
on which a signature is affixed, not on a photocopy or a rider
attached to a page. We have two reasons in support of this
construction.
First, the intent of a statute must be found in its language and
not elsewhere. and its interpretation must be such as its words in
their plain sense fairly sanction and will clearly sustain. Railroad
Commission of Texas v. Miller, 434 S.W.Zd 670 (Tex. 1968). Terms
which are not defined in a statute are to be given their plain and
ordinary meaning, and words defined in dictionaries and with meaning
so well known as to be understood by a person of ordinary intelligence
are not to be considered vague and indefinite. Floyd v. State, 575
S.W.Zd 21 (Tex. Grim. App. 1978). appeal dismissed, 442 U.S. 907
(1979). See also Sanford v. State, 492 S.W.Zd 581 (Tex. Crim. App.
1973); City ,of Naussau Bay v. Winograd. 582 S.W.Zd 505 (Tex. Civ. App.
- Bouston [let Dist.] 1979, writ ref'd n.r.e.). Subsection (e)
requires that names shall be legibly typed or printed immediately
under each signature. One "signs" a document when he writes or marks
something on it in token of his intention to be bound by its contents.
Delespine v. State, 396 S.W.Zd 133 (Tex. Crim. App; 1965). cert.
denied, 384 U.S. 1019 (1966). rehearing denied. 385 U.S. 893 (1967).
To "sign" .an instrument or document is to make anv mark uoon it in
token of knowledge, approval , acceptance, or obligation, and the sign
thus made is a "signature." Bustillos v. State, 213 S.W.Zd 837 (Tex.
Grim. App. 1948). In the case of a photocopy. no signature is
affixed. Rather, the’ photocopy, a6 a "picture" of a document,
contains a representation of a signature. not the signature itself.
Therefore, properly speaking. a photocopy does not contain a
signature, but rather only the representation of one.
p. 1628
Honorable Mike Driscoll - Page 4 N-466)
Second, the maxim of statutory construction long recognized in
Texas, "expresslo unius est exclusio alterius", signifies that the
express mention or enumeration of one person, thing. consequence. or
class is tantamount to an express exclusion of all others. State v.
Maurits-Wells Company, 175 S.W.Zd 238 (Tex. 1943); City of Dallas v.
Yarbrough, 399 S.W.Zd 938 (Tex. Civ. App. - Dallas 1966). We construe
the statute to set forth requirements in subsections (b) through (e)
for legal pages of legal papers. Photocopies are governed solely by
the requirement of subsection (f), and riders and attachments are
governed by subsection (g). We now turn to the specific factual
situations which you raise.
In fact situation "a" we construe the subsection (e) .requirement
to apply to pages of a legal document, not to a rider or attachment.
Therefore, the county clerk may not charge double the filing fee in
factual situations where the rider or attachment fails to contain a
legibly printed or typed name under a signature.
We turn to fact situations "b" and "f." In both situations, the
"signature" which does not have a name legibly typed or printed
underneath is a photocopy and a representation of a signature rather
than a signature per se. Therefore, we conclude that, in such
instances, the county clerk is without authority to charge double the
filing fee.
Finally, the statute clearly empowers the county clerk to charge
double the filing fee in factual situations "cu. 'Id". and "e". In
factual situation "c", it is manifest that a corporation cannot affix
a signature to a legal paper. It is equally manifest that any legal
paper signed by a corporate officer on behalf of a corporation is
required to have that corporate officer's name legibly typed or
printed underneath that signature. It is also evident that notaries
are required to print or type their names beneath their signatures.
both on affidavits and on legal documents which bear a notary's
acknowledgment. We note that article 5954. V.T.C.S., already imposes
such requirement on legal documents bearing a notary's acknowledgment.
SUMMARY
A county clerk,may not charge double the filing
fee in the following factual situations: (1)
where a page of an exhibit, attachment, or rider
attached to a legal document bears an original
signature but fails to contain the name legibly
typed or printed immediately under the signature;
(2) where a page of an exhibit, attachment, or
rider which is a photocopy attached to a legal
document bears a photocopy of. a signature
immediately under which the name is not legibly
P. 1629
Honorable Mike Driscoll - Page 5 (NW-4661
.
printed or typed; and (3) where s page of a
certifisd copy of a probate proceeding from
another county bears a photocopy of a signature of
a judge immediately under which the name is not
legibly printed or typed.
The county clerk should charge double the
filing fee in the following factual situations:
(1) where a page of a legal document bears the
signature of an officer of a corporation signed on
behalf therefor immediately under which the name
is not legibly printed or typed; (2) where a page
of an affidavit bears the signature of a notary
public immediately under which the name is not
legibly printed or typed; and (3) where a page of
a certified copy of a probate proceeding from
another county bearing a photocopy of a signature
of a judge immediately under which the name is not
legibly~ printed or typed.
MARK WHITE
Attorney General of Texas
JOHNW. FAINTER, JR.
First Assistant Attorney General
RICHARDE. GRAYIII
Executive Assistant Attorney General
Prepared by Jim Moellinger
Assistant Attorney General
APPROVED:
OPINIONCOMMITTEE
Susan L. Garrison, Chsirman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Hargaret McGloin
Jim Moellinger
p. 1630