Texas Attorney General Opinion: WW-1467 Page: 3 of 4
4 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Jerry Sadler, -page..3.. (WW-1467)
Since the statute is deemed a part of the contract
itself, the result is that we have conflicting provisions
within the contract. At least, there is a conflict to the
extent that, the statute having fixed the rental at a set
amount, there is, in our opinion, an implied prohibition
against charging a greater (or smaller) amount. Otherwise,
the fixing of the amount by statute would be meaningless.
We regard as very ersuasive the case of Gulf C.
& S.P. Railway Co. v. Hume, 57 Tex. 211, 27 S.W. 110(1t94),
wherein the court says that it is
"settled by the authorities that
an officer cannot contract to receive
compensation for services in addition
to those prescribed by law . . . This
is placed upon the ground that, the
compensation being prescribed by law,
it is against public policy that it
should be the subject of contract between
the officer and litigants."
In Gorman v. Gause, 56 S.W.2d 855 (Comm.App. 1933),
it is said to te "uniformly held by the decisions of our
courts that a contract cannot impair the validity of any law."
Citing numerous authorities.
And see Laird v. Brown, 210 S.W.2d 276, 279 (Civ.
App. 1948); King v. Matney, 259 S.W.2d 606, 609 (Civ.App.
1953, error ref., n.r.e..
We are of the opinion that the annual rentals pro-
vided for in the leases under consideration over and above
those authorized by Article 5344 may not be collected. We
accordingly answer your question in the negative.
SUMMARY
Where State oil and gas leases
issued under Article 5344, V.C.S., pro-
vide for additional rentals over and
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1467, text, November 15, 1962; (https://texashistory.unt.edu/ark:/67531/metapth268080/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.