November 4, 1975
The Honorable Bob Armstrong Opinion No.,’H- 732
Commissioner
General Land Office Re: Whether fees charged for
Austin, Texas 78701 certificates of fact are appropri-
ated,to the General Land Office.
Dear Mr. Armstrong:
You have requested our opinion concerning whether receipts from pre-
paration of certificates of fact are appropriated to the General Land Office.
Article 5, section 60 of the Appropriations Act provides:
PUBLICATION AND SALE OF PRINTED
MATTER OR RECORDS. Any moneys
appropriated by this Act within the discre-
tion of the head of each department or agency
may be used for the publication and distri-
bution of any notice, pamphlet, booklet, rules,
regulations, or other matters of public in-
terest, including agency records, the subject
matter of which is directly related to the
statutory responsibilities of the respective de-
partment or agency.
Any moneys received and collected from any
charges specifically authorized by statute for
such publications or records are hereby
appropriated to the respective department or
agency issuing the publications, for use during
the biennium in which the receipts are collected.
The State Comptroller is to credit such receipts
to the like appropriation item or items from
,
which printing cos’ts are paid. (Emphasis added. 1
Acts 1975, 64th Leg., ch. 743, art. 5,s 60.
Article 3722, V. T. C. S., requires the General Land Office to furnish per-
sons certificates of fact concernin its records and their contents. Article
3918, V. T. C.S., provides that I![ t7 he Land Commissioner is authorized and re-
quired to charge, for the use of the state, ” certain fees for certificates of fact.
See
-- also V. T. C. S. art. 4413(33).
p. ‘.3122
The Honorable Bob Armstrong - page two (H-732)
In our view certificates of fact constitute a form of “agency records,”
within article 5, section 60 of the Appropriations tact. Accordingly, those
charges “specifically authorized by statute for such. . . records” are
appropriated to the General Land Office.
SUMMARY
Charges for Certificates of Fact which
are specifically authorized by article 3918
are appropriated to the General Land Office.
Very truly yours,
Attorney General of Texas
I/
Opinion Committee
jad:
p. 3123