Untitled Texas Attorney General Opinion

Hon. James R. Strong County Attorney Opinion No. V-l?79 Panola County Carthage, Texas Re: Bees of the oounty clerk for preparing certified copies of reoopds of his Dear Sir: office. You have reque$ted an opinion of this OffiCe in which you ask: What fee must be oharged by a county clerk for making oertlfled’ooples of deeds, deeds of trust, and mechanics’ liens re- corded In that office? Is there any dif- ference in this fee when said copies are made by photoatat machine that is oounty- owned and used for recording purposes,ln the county clerk’s office? Artlolee 6591 and 6595, V.a,S., require the county olerk to record all deeds and deeds of trust filed with him. Article 5453, V.C.S., provides for, the reoordatlon of meohanios’ liens by the oounty clerk. Article 6600, V.C.S., provides: “The county clerk ah.811 give attested copies whenever demanded. of all,papers recorded In hia office; tind he shall receive for all suoh oopies, suoh fees as may be provided by law.” Article 3930 provides in part that: “Clerks OP the County Court shall re- oelve the following feea: ”. . . “Copies cf interi$@atoribe, or’os* Interrogatories and al2 :&ther papers OF i’. records required to,be dopled by him, %Sr including oertifloate and~seal, uhere’the

Hon. James R. Strong, page 2 (V-1479)

copy does not exceed 200 words, for each 100 words .15 "Where the copy exceeds 200 words, for each additional 100 words In excess of 200 words 015" There Is no specific provision for a fee to be charged by the county clerk for making certified copies of deeds, deeds of trust, and mechanics' liens. Therefore, the general provision of Article 3930 quot- ed above Is applicable and the county clerk must charge 15 cents foreach 100 words for certified copies of deeds, deeds of trust, and mechanics' liens. In Logan v. Mississippi Abstract Co., 190 Miss. 479, 200 So. 716, 720 (19411, it is stated: "Conditions change; new and improved devices are invented, and the law, to live- and serve, must adapt itself to changing conditions, if thereby no fundamental prln- ciple is sacrificed. The word 'copy' In the statute includes photographic copy. Tobln v. Knaggs, supra. Indeed, perhaps the most accurate copy which could,posslbly be mate would be a photograph of the records. . . . Also in Nomikos v. Petroutsis, 60 N.Y.S.2d 802 (1946) the Supreme Court of N York held that a photostatic copy of a court order*Eas a "copy' within the meaning of a statute requiring that a certified copy be served on the defendant. Article 3930 does not provide any specific method for making copies of records in the county clerk's office. Therefore, we agree with you that the same fee should be charged by the county clerk for making copies of records In his office, regard- less of whether they are made by hand, typewriter, or by a device for photographing the records.

SUMMARY Article 3930 requires the county clerk to charge 15 cents for each 100 words for certified copies of deeds, deeds of trust,

Ron. James R. Strong, page 3 (V-1479)

and mechanics' lien on record in his office. The same fee should be charged whether the copies are made by hand, by typewriter, or by a device for photographing the records,

Yours very truly,

APPROVED: PRICE DANIEL Attorney General J. C. Davis, Jr. County Affairs Division

E, Jacobson Reviewing Assistant Assistant Charles D. Mathews First Assistant

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