The Offioer*u 8alar Law ot the state or Tepepas is appllaable to the aounty 0 f srlt or Lavaor County, Tam&

Beation 8 of Artlole 591& Revleed Civil Sk- fates of Texsm provldea that It shali be the duty of all offlosn to charm and oolleot in the manner authorized br lau all fees and ocmiseions whioh are permitted by Law to be aesemsed and oolleofed for all oril~laL?~~r- vlosa pcrioxasd by thorn.. As and when such roar, am ool- looted they shall be dspoalted ln the OfTirnQ l3alarf ?und, or fund8 provided in the sot.

On Auuumt 8, 1934, this department held in an opinion by ZTon. Jullus I'. Fmmkl, Aosiatant Attorm~ Oen- era& that the county clerk may aharge for servioes per- formed by request, not part or the duties 0r his orri0e, provided that the samlces m randerail did not oanillot with hi0 0rrf0iu dutlea.

Opinion no. O-59 or this dapartment holds that It is pexmisslble ,ror a oounty treasurer to aooept gem- pensation for servloes rendered beyond the duties of hla office where the parfomanoe or suoh sorvioes oalled for 18 clearly not wlth:n tho aoopo of hla ofriolal dutlrro or the office whioh ho holds.

The drawinK up of 011 and @is mineral leaseE, lrritin& deeds, oontractn or lep,&l doouments, is outside Or the 6OOpe Or the dUti0B Of th% OOUKIty 01~41% The Emk- lng of abstraots or title Is outside 0r the soopo br the orrloinl duties of the county olerk. The preparing and oopyinrj of field notss ray or may not be servioes within the soopo of the dutieo of the 0rr’fiae 0r the aounty olerk; the inots in each aase ~111 dotermine this question.

The oounty olerk lma no authority to use oounty employoeo paid by th& oounty to perform aeniaes outside oi soope or the duties of the offion oounty olerk, Labor raid for by the oounty tihould not be used by the olork in the perromanoe of aotivities outulde of the saope 0r the his offioe.

‘Hon. wlllb~ W. bllen, June 14, 1939, Pa@ S

you are therefore respeotrullJ advlaed that it I~I the opInl?n of this depart&mat that it Ls the duty oi the oounty olerk to oham a!kl oolloot Xn the uamar authorized by law all fees and aomIssIons wbIoh are per mitted bylaw to be as~eased and ccllected ior all offi- cIal aerviaos perromed by him and that as and when such iem8 ase oolleoted theJ &all be deposlteb by the county clerk In the Offlqer’s Salary Fund of the oouut tb or funds provided in the salary not, You are furt or advised that it Is the oplnIod of this demrWent that& oounty olerk may oharge and aolleot far services perfoamed by rqm3t, *ioh l m not part his ofrim, provided that the services so rendered do not oonflict, with his oftlola duties and are not in violation of law. You are further respectfully advIoed Clot it I8 the opia- Ion of this depnrtnent thrlt tha oounty clerk has no auttior- lty to use the labor paid for by tho county in tl)e perfor- canoe of aatlvities of the clerk outsit-lo the soope of his orricial duties 2J

?rustln~ that this answers your inquiry, we are

Vory truly yours