June 13, 1952
Hon. Karl Cayton Opinion No. v-1460
District Attorney
Lamesa, Texas Re: Retention and disposition
by the district attorney
of a ten per cent commis-
sion on a collection made
in a State hospital patient
Dear Sir: board and treatment case.
Yo,uhave requested an opinion concerning
the authority of the district attorney to retain fees
and commissions for performing duties provided in
Article 3232a, V.C.S.
Section 11 of Article 3232a, V.C.S., provides:
"Indigent public patients shall be sup-
ported entirely at the expense of the State.
Non-indigent public patients shall be kept
and maintained at the expense of the State
as in the first instance; but In such cases
the State shall have the right to be reim-
bursed for the support, maintenance and treat-
ment of such non-indigent patients and the
claim of the State for such support, main-
tenance and treatment shall constitute a
valid lien against property of such patient,
or in case he has a guardian, against the
estate, or against the person or persons who
may be legally liable for his support, main-
tenance and treatment and financially able
to contribute thereto; and such clalm~may be
collected by suit or other procedures, in the
name of this State, by the county or district
attorney of the county from which said patient
is sent, or in case of the refusal or inability
of both to act, the Attorney General shall rep-
resent the State against such patient, his
guardian, or the person or persons liable for
his support, maintenance and treatment, as
the case may be; such suit or proceeding to
be instituted 'uponthe written request Of
the State Board of Control, accompanied by
Hon. Karl Cayton, page 2 (v-1460)
the certificate of the superintendent of the
hospital as to the amount due the State,
which shall in no case exceed the sum set
by the Board of Control. In all such suits
or proceedings, the certificate of the super-
intendent shall be sufficient evidence of
the amount due the State for the support of
such patlent. The county or district attorney
representing the State shall be entitled to a
commission of ten per cent (10%) of the amount
collected. All money so collected, less
such commission, shall be, by said attorney,
paid to the hospital, which shall receive
and receipt for the same and shall use the
same for the maintenance and improvement of
said hospital." (Emphasis added.)
Section 61 of Article XVI of the Constitution
of Texas provides in part:
"All fees earned by district, county and
precinct officers shall be paid into the coun-
ty treasury where earned for the account of
the proper fund, provided that fees incurred
by the State, county and any municipality, or
in case where a pauper's oath is filed, shall
be paid into the county treasury tihencollect-
ed and provided that where any officer is com-
pensated wholly on a fee basis such fees may
be retained by such officer or paid into the
treasury of the county as the Commissioners
Court may direct. ~ o *"
By virtue of the above-quoted constitutional
provision the district attorney is required to pay into
the county treasury all fees collected by his office in
performance of his duties. Therefore, it is our opinion
that the ten per cent commission prescribed in Section
11 of Article 3232a, V.C.S., for representing the State
in the collection of claims due the State for the support,
maintenance and treatment of non-indigent public patients
cannot be retained by the district attorney and must be
paid Into the officers' salary fund as required by Sec-
tion 61 of Article XVI of the Constitution of Texas.
Hon. Karl Cayton, page 3 (v-1460)
SUMMARY
The fees and commissions prescribed in
Section 11 of Article 3232a, V.C.S,, for rep-
resenting the State in the collection of claims
due the State for the support, maintenance and
treatment of non-indigent public patients can-
not be retained by the district attorney and
must be paid Into the officers' salary fund as
req'uiredby Section 61 of Article XVI of the
Constitution of Texas.
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
J. C. Davis, Jr.
County Affairs Division
Mary K. Wall
Reviewing Assistant BYtie+
Assistant
Charles D. Mathews
First Assistant
JR:lllh