You have requested our opinion concerning whether receipts from pre- paration of certificates of fact are appropriated to the General Land Office.

Article 5, section 60 of the Appropriations Act provides:

PUBLICATION AND SALE OF PRINTED MATTER OR RECORDS. Any moneys

appropriated by this Act within the discre- tion of the head of each department or agency may be used for the publication and distri- bution of any notice, pamphlet, booklet, rules, regulations, or other matters of public in- terest, including agency records, the subject matter of which is directly related to the statutory responsibilities of the respective de- partment or agency.

Any moneys received and collected from any charges specifically authorized by statute for such publications or records are hereby appropriated to the respective department or agency issuing the publications, for use during the biennium in which the receipts are collected.

The State Comptroller is to credit such receipts to the like appropriation item or items from , which printing cos’ts are paid. (Emphasis added. 1 Acts 1975, 64th Leg., ch. 743, art. 5,s 60.

Article 3722, V. T. C. S., requires the General Land Office to furnish per- sons certificates of fact concernin its records and their contents. Article 3918, V. T. C.S., provides that I![ t he Land Commissioner is authorized and re- 7 for the use of the state, ” certain fees for certificates of fact. quired to charge, See also V. T. C. S. art. 4413(33). --

p. ‘.3122 *2 The Honorable Bob Armstrong - page two (H-732)

In our view certificates of fact constitute a form of “agency records,” within article 5, section 60 of the Appropriations tact. Accordingly, those charges “specifically authorized by statute for such. . . records” are appropriated to the General Land Office.

SUMMARY Charges for Certificates of Fact which are specifically authorized by article 3918 are appropriated to the General Land Office.

Very truly yours, I/ Attorney General of Texas Opinion Committee

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