*1 OFF”ICE OF THE RiTORNEV GENERAL OF TEXAS

AUSTIN

OReVaR em.l.LRI

- .+y*c* oc*r”rr

~oa;rable Chcrles II. Theob?ld '.

County :'lttwaey

Galveston county

Gslveston, Toxos

Dear Sir: .. ..,' Form to be

of this depertmnt on the

'0s follows:

or3n OS notioe fee, ii my, ed to aharee Sor oend- se appointed. etc.

ears to apply to regular notices rub&e netters ami other instenaes. County Clerk states that ii he egular fomel notlce to those eppointed es Fubllc setting out the time in which they nust queliiy, do., thet he Would be entitled to 75$ fee in oeoh instanoe.n eon. Charles H. Theobald, page 2'

'krticle 59A9, Ver.non'a Annotated Civil Statutes,, Is In port as follower

.' :~ 9. Any ptrson be&ring sppOintm8nt es Notnrp Publie~chall furnish to the of the oouuty OS ~res~ldenoe ,of th8 applioent his nme 6s it will be ueodl In acting as suoh f?otery Publlo, his post office addreos, and shall eatis- Sy the Clerk that ho Is at l8aa.t twenty-one (21) yeers OS age an& e resident OS the County for which such ap?oIntment is~ sought. The names of all such pcrsons shell be sent Sorthwith In .UuplIcate by the County,Clerk to the Eearetsry of State with the,oertISIcate .oS the County Clerks . oertiiying that aooorslng to the Iniormotion Sur-

nish8d him such person Is eligible forappoIntm6nt a8 Notary Public for such county. The 2eoretary of ~Ttate shall'aot upon all suoh nemes SUbDiitt8d at the earliest praotioable time an% notify'the County Clerk whether such appointment or appoint- meats have bsen made. Upon reoeioing notioe from tha Cearetary OS state oi any suah ep>ointment the County Clork shall forthwith notiiy all persons 80 appointed to appear beioxe hLm within ten (10) daya from th8 date of suah notice (but not before the first day of June oS o&l numbered peers In the ease of eppointmentsfor the tern beginning on such date of re-appointments hereInaSter pr,ovIde& for) and,quallfy aa hereinaftor prwided.: The appoint- ment of eny person' failing to qualify within suoh ten (10) day period shall be void, an4 If any such Person desires thereatter to qualISp, his name shall be resubmitted In the same manner as hereinabove pro- vided.

'4. At the tine af .suoh quelitioetlcn the County Clerk shall aolleot the fsos ellolved him by law for admInlaterInn, the oath and. apr.roving ahd fIlInC the bond suoh Notary fublic, together %Ith the fee el- lovied by law to Teoretary of Ptate for Isouing a oamnisslon to suoh Notary Public. . . ." 3930, V. d. C. L, provides in pert!

Artlols *tClerkc OS the Court s:.all reoeive the follo&ng fees; . . . . Issuing notIc66, Including oopies for gostlne; or publication 75$.?

I 692 .:

- .._. ._ . _.

van. Charles n. Theobald, page

It ~A.11 be noted that Artiole 5949 presoribes no perticuler Scrn of notioe that the Couuty Clerk must u;seein s&Sying persons who ere appointed sotaries Publlo.

rtatute merely provides that upon rcoeiving notloe from the ‘Feoretary OS Ztatc for eny such appointment the shall forthwith notify all persons so appointed to appear before him within ten days iron tho date of such notice but sot beSort the Slrst day of June odd numbered years in the Osse of eppointmant Sor the tern beginning on such date or re-sppointuent as provided by the statute and qualify es pro- vided by said Article 5949. It is our opinion that the notice of the Clerk ,to those who ere appointed Hotariea Publio 1s not tine type of notice oontempleted by the Legislature when . Article ^[3930] was enaote’d. It is our further opinion thet 3930 does not provide any compensation for issuing.the

Article notioe required by Art. 5949.

Generally epeeking, it ia wel.1 estebli8hed that an offloer is not entitled to eny compensation inaddition to that whioh has been fixed by lew for the performance of the duties of his oftioe, even though the ocmpensation so fixed 1s uhreasonable or fnadequate. Ee may be required by law to ~-

St ,$2rl. be noted that ge6. 4 OS Art. spe~ifloally Provides that the County Clerk shall colleot the fees ellowed him by law for adminlsterina, the oath and epprovlng an3 i’lling the bonds OS Notaries Public, together with the fee allowed by law to the T-ecretory of State for issuing a~ co~!L”j.ssioc to a Notery Public. This provision of the statute does not provide any oompensation tor giving the notice required by Sea. 3 of Art. heretofore quoted.

Answering the questions nnder oocalderetlon, you are edvised th,at it is our opinion that the ststutcr presoribes no *4 son. Charles 8. Theobald, page 4

particular iom to be wed by the County Clerk in giving the notlco to those who are appointed Notaries Publlo ae rrqulred by Eeo. of Art. 5949. It is our further opinion that no legs1 oharge ocn be Dade by the County Cler!c fca- ouoh @OtiCe.

Yours very truly ATTORNET QENZR+L OF TESS