Untitled Texas Attorney General Opinion

Honorab:LeD. Richard Voges county Attorney Floresville, Texas Dear sir: Opinion No. O-3679 Re: Commissions which may be paid to a delinquent tax collector attorney for an independent school district. In your letter of June 10, 1941, you request our opinion as to whether an independent school district may legally pay to a delinquent tax collector attorne~ya compCnsation exceeding fifteen (1%) per cent of the amount collected. Applica'blestatutes are Articles 7343 and 7335, Revised Civil Statutes, and Article 7335a, Vernon's Annotated Civil Statutes. Since your question has been definitely decided by the Supreme Court, we deem it unnecessary to set out such statutes or to give any discussion to the same. In the case of Bell V. Mansfield Independent School District, I.29S. W. (2d) 629, the Supreme Court had before it for decision the validity of a contract made by an independent school district in which the compensation provided to be paid such a collector was twenty (2@) par cent of the amount collected. From the opinion written by Judge Hicknan we quote: "* * * Our conclusion is that at the time the contract in suit was executed the pex%$es lawfully could have stipulated for compansation not to exceed fiiceen per cent of the amount collected. "We are unable to adopt the theory upm~which it is claimed that the contract for twenty per cent of the amount collected is valid. As above pointed out, the spesific language of Article 7343 governs the character of contract which the par#$~escould make. That 1anguEge limits the compensation to that proi;i3edby law in suits for state and county taxes. That amount is limited to fifteen per cants of the alLountcollected and there is no authority in law for the payment of a greater percentage. The contract under review provide8 for the payment of twenty per cent. It is, for that reason, void. Art. 73358 11f?.” Hon. D. Richard Voges, Page 2 (O-3679) Our likptive answer to your question follows. YOWS very truly, ATPOIUQX WLOFTEXAS s/ Glenn R. I,s$is BY Glenn X. L8wis Assistant GRL:ej APPROVED J-UN.18, 1941 s/ GROVER SELLER3 FIRST ASSISTANT ATl!ORiESQXERAL APPROVED OPINION COMMITTEE BY B. F;'. B. CHAma