Untitled Texas Attorney General Opinion

OFFICE OF THE A’TTOENEY GENERAL OF TEXAS AUSTIN Honorable W. A. Davis state Registrar Texas State Boa33 of Health Austin, Texas mar Sirs OpinLon Ho. O-3655 Ret 8tatur of fee8 reoeived by a ja8tioe of th4 poaos, oom- pensated on a fee barnis, wh e nlorvlng am local Rbg- irtrar of Vital gtstfetfoe. Your reoent request for en opinion fmu thim depart- mont has been reoelved and oonaldered. We quote from your re- quert 1 “me opinlom rendered by the Attorney Oen- oral in the past relative to the fees to be aol- leeted for birth and death oertificotes by th4 Jueticee of *ho Peeoe have varied to nuch an extant that there la oonstdemble aonfusfon. “The former State Auditor recured an opinion go. O-419 which is directly oontradiotory to pre- vious opinions rendered. "I will be glad to have you advise me with ihxvmue to that opinion aa coon as poaelble." We find In examining the queetion submitted in your request that thie department has previously Ned on the meme. xn a letter oplnlon to Bonorabls Tom C. 'KN, dated August 11, 1938, thin department held that feee colleoted by a Juatlae of the Peaoe, oompensated on a foe baeis, for aotfng ae Registrar of Vital Statlatloe are fees of office and aocountable an Such. A oopy of that opinion la being enoloeed for your InPomMJ.on. Honorable I?. A. i3mvim,Page 2 This department in Opinion 80. O-419 followed the hold- iag in the opinion to Honorable Ton 0. King and zw,fflnmed that fess of office aollaated by a Oustice of the Peaoe, aoting am g008l Registrar of Vital stmtimticm, aoqpenmatedon a fernbasis, are ferns of office and should be aoaountad for am muoh. A copy OS Opinion Ho. O-419 ia being enolomed for your lnformmtion. We have oarsfully exmalned the brief attsehed to your reqwmt. Ye regret that we are unabla to aonour in the oonolu- mlonm therein expressed. Your8 ve~truly ATTORERY inmRAL OF TRKAS ~JJ&JJv+~ &rold JloOraoken Ammimtant HmrR3 APF'RC'JT!TJUN 23, 1941 EsmsuRRs