Untitled Texas Attorney General Opinion

July 24, 1975 The Honorable Joe Resweber Opinion No. H- 647 Harris County Attorney Harris County Courthouse Re: Authority of Harris County Houston, Texas 77002 Commissioners Court to impose a charge for handling of child support payments by the juvenile probation department. Dear Mr. Resweber: You have requested our opinion regarding the authority of the Harris County Commiesionerlr Court to impose a handling charge of $ . 50 on both the receipt and disbursement of child support payments by the Child Support Division of the Harris County Juvenile Probation Department. Article 5139VV, V. T. C. S., creates the Harris County Juvenile Board and prescribes its duties, one of which ie to: . . . direct whether the district clerk or the chief juvenile probation officer shall receive payments for the support of wives and children made under the order of the district and criminal district courts or the courts of domestic relations of Harris County. V. T. C. S. art. 5139VV, 8ec. 5(fl. Receipt and disbursement of child support payments is strictly circum- scribed by the terms of the statute. Whether these funds are administered by the juvenile probation officer or by the district clerk, they may be received and disbursed only as directed by “order of the district and criminal district courts or the courts of domertii relations. . . ” V. T. C.S. art. 5139VV, sec. IO(a) and (b). In counties having a population of more than 350,000, a charge of $3.00 is added to the filing fee of every divorce petition for the express purpose of maintaining the child support office of the county’s probation department. V. T. C. S. art. 5142a-1. p, 2842 I . - . The Honorable Joe Reaweber, page 2 (H-647) The statute contains no authorization for the imposition of any administrative fee by either the juvenile board or by the commissioners court. It is well established that unless a fee is provided by law for an official service that is required to k performed. none may lawfully be charged. Nueces County v. Currington, 162 S. W. 2d 687 (Tex.Sup. 1942); McCalla v. City of Rockdale, 246 S. W. 654 (Tex. Sup. 1922); Attorney General Opinion H-443 (1974). The powers of a county are strictly limited to those set forth by the Constitution or by statute. Harrison County v. City of Marshall, 253 S. W. 2d 67, 69 (Tex. Civ. App. --Fort Worth 1952. writ ref’d); Wichita County v. Vance, 217 S. W. 2d 702, 703 (Tex. Civ.App. --Fort Worth 1949, writ ref’ d. n; r. e. ). In view of the absence of any statutory authority for the imposition by the Harris County Commissioners Court of a handling charge on the receipt and disbursement of child support payments, the limiting language of article 5139VV. and the statutory authorization of a $3.00 charge upon the filing of divorce petitions for the purpose of administering the child support office, it is our opinion that the Harris County Commissioners Court may not impose any charge upon the receipt or disbursement of child support payments by the Child Support Division of the Harris County Juvenile Probation Department. SUMMARY The Harris County Commissioners Court is not authorized to impose a charge for the handling of child support payments by the juvenile probation department, Very truly yours, / /Attorney General of Texas p, 2843 . .- - The Honorable Joe Resweber, page 3 (H-647) APPROVED: DAVID M. KENDALL, First Assistant C. ROBERT HEATH. Chairman Opinion Committee p. 2844