Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GARALD C. MANN ATTORNEY GENERAL
May 25, 1989
Don. Leo C. Buckley County Attorney Espata County Espata, Texas
Dear Sir:
Opinion No. 0-659 No. Fees to be charged by the county clerk for the approval, recording and filing of a notary public's bond, including the fee due the state.
Your request for an opinion on the following question has been received by this office. Your letter reads in part as follows:
"What is the correct fee to be charged by the county clerk for the approval, recording and filing of a Notary Public's bond, including the fee due the state?"
Article 890, Revised Civil Statutes, reads in part as follows:
"Clerks of the county court shall receive the following fees:
"Approving notarial bond, ......... $ 80 "Recording all papers required or permitted by law to be recorded, not otherwise provided for, including certificate and soal, for each 200 words........................................... 20 "Qualifying a notary public....... 80"
*2
2014. Leo C. Buckley, May 25, 1939, Page 2
Article 3914, Revised Civil Statutes, reads in part as follows:
"The Secretary of State is authorized and required to charge for the use of the state the following other fees:
20
"For each commission to every officer
elected or appointed in this state, one ( ) Dollar.
Article 3981, Revised Civil Statutes, reads as follows:
"Then a motary is appointed, the Secretary of state shall forward the commission to the county clerk of the county where the party resides. Said clerk shall immediately notify said party to appear before him within ten days, pay for his commission, and qualify according to law. If said party be absent from the county, or stick at the time of the reception of said commission by the clerk, he shall have ten days from his return to said county in which to appear and qualify."
Article 3983, Revised Civil Statutes, specifically provides that the notarial bond shall be recorded in the office of the county clerk.
Article 3982, Revised Civil Statutes, provides that the clerk receiving the commission shall endorse thereon the day on which notice was given, and, if the party pays the state fee for commission and qualifies according to law, the said clerk shall notify the secretary of state of his qualification, giving date of same, and result the fee to said officer.
The above mentioned statutes specifically provide that the Secretary of State shall receive a one ( ) dollar fee for each commission issued to every officer elected or appointed in this state which includes a commission issued to a notary public, and that the county clerk shall receive a fee of fifty ( 504 ) cents for approving a notarial bond and fifty ( 504 ) cents for qualifying a notary public.
*3 The statutes of this state de not provide for any certain or specific fee for the county clerk in recording notarial bonds. However, Article 3930, supra, provides that the county clerk shall receive ten (204) cents for each hundred words for recording all papers required or permitted by law to be recorded, not otherwise provided for, including certificate and seal. Under the provisions of this statute, the county clerk would be permitted to charge ten (204) cents for each hundred words for recording a notarial bond.
You are respectfully advised that it is the opinion of this department that the county clerk is entitled to charge one ( $1,00) dollar for the commission of a notary public, which is to be remitted to the Secretary of State, and fifty (504) cents for administering the oath of office, fifty (504) cents for approving the bond and ten (204) cents per hundred words for recording the bond of a notary public.
Trusting that the foregoing answers your inquiry, we remain
Yours very truly ATTORNEY GENERAL OF TEXAS
By (Signed) Arde11 Williams Assistant
AN:AN APPROVED: (Signed) Gerald C. Mann ATTORNEY GENERAL OF TEXAS
APPROVED Opinion Committee By R E K Chairman