AUISTXN. ‘TEZKAS 78711
-wl?oxw c. MARTIN
Aq-ro- aEN-
October 20. 1969
Honorable J. W. Edgar Opinion No. M-496
commissioner of Education
State
~- Department
.. of Re: Section 3A of Article
Education 6252-17, V.C.S., requiring
Austin, Texas 78711 the posting of notice of
open meetings insofar as
Dear Dr. Edgar: relative to school boards.
in your request for an opinion you state the following:
"Senate Bill 260, Chapter 227, Acts 61st
Legislature, Regular Session, 1969, among the
changes, amended Article 6252-17 by adding
a Section 3A which requires a timely posting
of notice of open.meeting(s) of a governmental
body.
"Section 3A, .insofar 'as relative to school
districts, reads as follows:
(a) Written notice of the date, place and
subject of each meeting held by a governmental
body~ shall be given before the meeting as
prescribed by this section.
...
(e) The governing body of a school district,
...shall have a notice'posted at a place con-
venient to the public in its administrative office
and, shall also furnish, this to the county clerk or
clerks of the county or counties in which the
district ...Is located. The county clerk shall
then post the notice on a bulletin board
located at a place convenient.to the public in
the county courthouse.
(f) Notice of a meeting must be posted fqr
at least the three days preceding the day of the
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Hon. J. w. Edgar, Page 2 (M-496)
meeting. However, in case of emergency or urgent
public necessity, which shall be expressed in the
notice, it is sufficient that the notice is posted
before $he meeting is convened or called to order.
"This Agency has orally been advised by
several school districts throughout the State
that copies of notice of-meeting forwarded pur-
suant to Section 3A(f) to the county clerk(s)
for posting are being returned to the district
with information that it would be necessary for
the notice to be accompanied by a $3.00, sometimes
$2.00 posting fee. Such practice is giving
concern to some districts who find no requirement in
the law itself for payment of a posting fee and the
posting timely required has thus not been met.
Some school districts extend into three or more counties
and the cost of posting timely a notice of meet-
ing monthly or oftener can become-quite a financial
burden.
"We have found no item.:in Article 3930, as
amended in 1957,:or inany.dther statute, which
lists or fixes a specific..fee forposting--notice of
meeting. However, there is broad language in the
last sentence inArticle 3930 which reads: For ;
such other duties as may be-prescribed by the Legis-
lature, reasonable fees sha&l be charged.
"Does Section 3A(e) of'Artic3.e 6252-17, as
amended by Senate Bill 26O;Acts 61st Legislature,
Regular Session, 1969, which requires a school district
to furnish the required notice of school board meeting(s)
to the county clerk(s) and directs that the county
clerk 'shall then post the notice' subject the
school district .to any-reasonable fee the county-clerk
may impose as a prerequisite to posting of same?
"This Agency as well as many inquiring school
districts request and would:appreciate an opinion from
the office of Attorney General on this matter." '
Section 3A of Article 6252-17, Vernon's Civil Statute
does not provide for a fee for posting the required notice.
However, Article 3930 not only~authorizes but requires county
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Bon. J. W. Edgar, Page 3 (M-49,6)
clerks and county recorders "...to collect the following fees
for services rendered by them to all persons, firms, corpora-
tions, legal entities, governmentragencies and/or governmental
representatives..." (Emphasis added.) Thereinafter listed
under Paragraph (9) of Article 3930 is the following provision
for those charges not specified in any other statute:
"For such other duties prescribed, authorized,
and/or permitted by the Legislature for which no
fee is set out by this Act, reasonable fees shall
be charged."
It is our opinion that Article 3930 must be considered
in para materia with Article 6252-17 and therefore authorizes
county clerks to charge school districts a reasonable fee for
posting the notices required by Article.6252-17.
By supplemental request you have asked if the $1.00
fee for posting notices provided for in Articles 3933 and 3933a,
Vernon's Civil Statutes, are applicable to the notices required
by said Article 6252-17 and if the county clerk is authorized to
prescribe the context and form of the notice to be posted.
Articles 3933 and.3933a apply only to Notices to be posted by
sheriffs and constables. Such statutes are not applicable to
fees for notices posted under the provisions of said Article
6252-17, and this statute does not empower the county clerk to
prescribe the context and form of such notices.
SUMMARY
-------
Article 3930, Vernon's Civil Statutes,
authorizes county clerks to charge school districts
a reasonable fee for posting the notices required
by Article 6252-17, Vernon's
MARTIN
eneral of Texas
Prepared by Jack Sparks
Assistant Attorney General
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Hon. J. W. Edgar, Page .4 (M-496)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Xelton, Vice-Chairman
Harold Kennedy
Bill Allen
Gordon Cass
Jim Swearingen
MEADE F. GRIFFIN
Staff Legal Assis$ant
BAWTBORNE PHILLIPS
Executive Assistant
NOLAWHITE
First Assistant