THE ATTORNEY GENERAL
OF TEXAS
June 12, 1989
Honorable Tony Hileman Opinion No. JM-1056
Marion Countv Attornev
105 Austin Street Re: Whether a county treasurer
Jefferson, Texas 75657 may charge a county judge for
copies of records maintained by
the county treasurer (RQ-1614)
Dear Mr. Hileman:
You ask: Van a County Treasurer charge a County Judge
for copies of records on file in the County Treasurer's
Office?" We understand your inquiry to concern information
sought by the county judge in connection with preparation of
the county budget.
Subtitle B of title 4 of the Local Government Code con-
cerns county finances. Local Gov't Code 55 111.001-130.007.
Chapter 111 deals with county budgets, and subchapter A
(sections 111.001-111.012) regulates the preparation of
budgets in counties with a population of 225,000 or less.
See Local Gov't Code 5 111.001. Marion County, according to
the 1980 census, has a population of 10,360. See Gov't Code
§ 311.005(3) (definition of population).
Section 111.005 of the Local Government Code provides:
In preparing the budget, the county judge
may require any county officer to furnish in-
formation necessary for the judge to properly
prepare the budget.
Section 111.004 states:
(a) The county judge shall itemize the
budget to allow as clear a comparison as
practicable between expenditures included in
the proposed budget and actual expenditures
for the same or similar purposes that were
made for the preceding fiscal year. The
budget must show as definitely as possible
each of the projects for which an appropria-
tion is established in the budget and the
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Honorable Tony Hileman - Page'2 (JM-1056)
estimated amount of money carried in the
budget for each project.
(b) The budget must contain a complete
financial statement of the county that shows:
(1) the outstanding obligations of
the county:
(2) the cash on hand to the credit
of each fund of the county government:
(3) the funds received from all
sources during the preceding fiscal year;
(4) the funds available from all
sources during the ensuing fiscal year:
(5) the estimated revenues available
to cover the proposed budget: and
(6) the estimated tax rate required
to cover the proposed budget.
(c) In preparing the budget, the county
judge shall estimate the revenue to be de-
rived from taxes to be levied and collected
in the succeeding fiscal year and shall
include that revenue in the estimate of funds
available to cover the proposed budget.
The corresponding provisions governing the preparation of
budgets by county auditors in counties with a population
exceeding 225,000 are found in sections 111.036 and 111.034
of the Local Government Code.
you have directed our attention to section 118.141 of
the Local Government Code, which lists a schedule of fees
for particular services following a declaration that:
The county treasurer, or another officer
who receives revenue in place of the county
treasurer, may collect the following fees for
e ices rendered to anv nerson. (Emphasis
:d:d.)
The term "any person" is very broad, but we do
not believe the fees specified by section 118.141 are
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Honorable Tony Hileman - Page 3 (JM-1056)
applicable1 to records required by the county judge. When
copies of records are furnished in discharge of the duty of
the treasurer to furnish the information necessary for the
judge to properly prepare the budget, the treasurer does not
r der rvices to the judge: instead, the treasurer merely
d?ichar:zs a statutory duty of his own. m Attorney
General Opinion M-170 (1967); see also Local Gov't Code
55 111.012 (a county treasurer who refuses to furnish such
information or otherwise fails to comply with the reguire-
ments of the subchapter commits an offense punishable by
both a fine and confinement in jail), 83.002 (treasurer's
bond required).
In Attorney General Opinion M-170 (1967), the attorney
general considered a statute that authorized and required
county clerks to collect certain fees "for services rendered
by them to all persons, firms, corporations, legal entities,
governmen 1 aaencies and/or aovernmental renresenta tives."
(Emphasistidded.) The question was whether a county clerk
was entitled to collect a fee from the state treasurer for
providing the treasurer with certified copies of orders the
clerk was required by the Probate Code to send. In the
course of advising the state treasurer that he was not
required to pay county clerks for such copies, the opinion
observed, "[T]he mailing of the certified copy to the State
Treasurer is not a 'service rendered' to that state
official, but is an act done by the county clerk or recorder
in furtherance of his own legal duties." J& at 4.
We are of the opinion that sections 111.004, 111.005,
and 118.141 of the Local Government Code are in harmony when
properly construed, and that a county judge may not be
charged by a county treasurer for copies of records on file
1. Section 118.145 states that fees collected pursuant
to section 118.141 are to be deposited in the general fund
of the county to the credit of the county treasurer's fees
of office account. Marion County is a l'salary'* county
rather than a sfeeO' county, we are informed; all county
officers, including the county treasurer, are paid a salary
and are not dependent on collected fees for their compensa-
tion. & Tex. Const. art. XVI, S 61; Local Gov't Code
5 154.004 (county prohibited from paying fee for service
rendered by salaried county officer).
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Honorable Tony Hileman - Page 4 (JM-1056)
in the county treasurer's office required by the county
judge in connection with preparation of the county budget.2
m Attorney General Opinion M-142 (1967); EfL Attorney
General Opinions JM-779 (1987) (recordation of abstracts);
JM-392 (1985) (filing fee). See aeneraLly 35 D. Brooks,
Texas Practice !jS 15.1-.15 (1989).
We note that the county judge should be permitted
access to the treasurer#s office during ordinary working
hours and in a manner that is convenient to both parties and
not disruptive of the treasurer's office routine, The
standard in such matters in one of reasonableness.
Furthermore, if one county official suspects another of
misconduct in office, the matter should be handled in
consultation with the district or county attorney. Absent
such circumstances, it is not appropriate for one county
official to use his or her office to acquire access to
records for the purpose of harassing or otherwise
intimidating another county official.
SUMMARY
A county judge may not be charged by a
county treasurer for copies of records on
file in the county treasurer's office
required by the judge in connection with
preparation of the county budget.
JIM MATTOX
Attorney General of Texas
2. The Local Government Code, of which section 118.141
is a part, was enacted in 1987, as a non-substantive
revision of existing laws. Acts 1987, 70th Leg., ch. 149,
S 51, at 1308. Section 118.141 was derived from former
article 3943f, V.T.C.S., enacted in 1985, which specified
that the indicated fees could be collected from "the
appropriate individuals, firms, corporations, governmental
agencies, governmental representatives, or other legal
entities." Acts 1985, 69th beg., ch. 145, 5 6, at 671; see
Gov't Code 5 311.005 (definition of Wperson'* except where a
different definition is required by context).
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Honorable Tony Hileman - Page 5 (JM-1056)
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MARYKELLER
First Assistant Attorney General
Lou MCcRFARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General
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