a your letter of April 4, @JO, you request OU+ opinion as to whether a deed bated December 1, 1935, ntlpulatlng an assumed consideration of $7,000.00 and Welch has never been filed for record but is offered for filing at this date is subject to the state stamp tax. 70b7-3, Vernon’s Civil Statutes, reads in part as follows:

Article “(a) Except as herein otherwise provided there is hereby levied eyed asrcased a tax of Ten (lO$) Cents on each One Hundrea 100.00 Dollars or fractfon~ thereof, over the first Two Hundred 200.00 Dollars, en all notes an& obligations secured by chattel It j mmtgage, deed of drust, machanic’r lien contract, veobor’e lien, conditional sale* Contract an& aI2 instruments of a SFmllar nature vhieh are filed or recorded in the office of the County Clerk un&er the Registration Laws of this State; provided that tie tax 6hal.l be levied on instruments seourfng an amotmt~of Two Hun&red ($200.00) After the effective date of this Act, except as Dollara, or less. hereinafter provided, no such instrument shall be filed or recorded by any County Clurk in this State until there has been affixed to such instrument @tamps In accordance with the provietpns of this eectioq + * *”

From a reabing of the above statute It is seen iihat the tax 18 not due until and unless the instrument of security Is presented for record. It fr further provldad that except as provided. in the Act no such instrwnent shall be filed for record until it has been stamped in accordance with the provisions of the Ilet. &J excaptlon iw’ma4e as to instrument8 dated prior In auf conference *inion UQ. 3061, dated to the effective date of i&e act. June 17, 1930, we axpMslea the view that the tax in questloa, is la+& upon the privilege of using the recorde of the office of the coun%y clerk, rather t *2 Honorable E. L. Shelton, Page‘ $2

than being a tax upon the n&e or other obligation secured by the mortgage or other lien. m 0~ opinion Ro. o-1328 we held that a deed would be required to be&r the stamps where the gurchaeer waatherein required to afmume a pre-exi.eting lndebteduese w&re the deed in which the vendor's lien had been originally created bad been recorded wlthout payment of the tax. Our opinion follmm that the inatmment with which you are concerned muat be stamped before it is recorded. I~I this connection it Is aammed that the vendor's lien has not been paid and released of record.

Yourlr vely truly, ATTORNEY (I&I~ERALoFTI++X~L~ By /a/ I3lean R. LewI.8 Assistaat Approved April 15, ,lp&

/a/ ciEliAm c. l.fANI?

ATPORNEY-OFT~

APPROVED: Opinion Committee, by B.W.B., Chairman