Case Information
*1 The Attorney General of Texas March 10, 1986 JIM MATTOX
Attorney General opinion No. .I?+-448 Honorable Mike Driscoll
Supreme Court Building Harris County Attorney P. 0. BOX 12548 1001 Preston, Suite 634 Ret Whether a county clerk must Austin. TX. 78711.2548 512/475-2501 Houston, Texas 77'302 collect $5.00 in court costs in Telex 9101674-1387 probate matters under article Telecopier 51214750266 1630d, V.T.C.S. 714 Jackson, Suite 700 Dear Mr. Driscoll: Da11as. TX. 75202-4508 2,4/742-8944
You have asked whether probate proceedings are civil suits within meaning of sec,tion 3 of article 1630d, V.I :.c.s. Article 1630d, V.T.C.S., provides in part as follows: 4824 Alberta Ave., Suite 160 El Paso. TX. 79905.2793
9151533~3484 Sec. 2. The commissioners court, by order,
shall eritablish an appellate judicial system fund to: ,001 Texas. suite 700 Houston, TX. 77002.3111 (1) assist the courts of appeals in the supreme 713/2235886 judicial district of the State of Texas in pro- cessing appeals filed from the county court, county 806 Broadway, Suite 312 courts at law, probate courts, and district courts; Lubbock, TX. 79401.3479 and 8061747-5238 (2) defray costs and expenses incurred for the 4309 N. Tenth. Suite B operation of the court of appeals within the State McAllen. TX. 78501-1685 of Texas for which the county is required by law to 512K82.4547 reimburse other counties within the supreme judicial district.
2M) Main Plaza. Suite 400 San Antonio, TX. 782052797 Sec. 3. (a) In order to fund the appellate 512f2254191 judicial system, the commissioners court of each
county within the supreme judicial district of the State of Texas shall set a court costs fee of not A,, Equal Opportunity1 more than $5 for each civil suit filed in a county Affirmative Action Employer
court, county court at law, probate court, or district court in the county, except for suits for the collection of delinquent taxes. (Emphasis added).
You have informed us that on August 27, 1985, pursuant to section 2 of article 163Oi. the conmissioners court of Harris County approved *2 Ronorable Mike Driscoll - Eage 2
an order establishicg an appellate judicial system fund and saLting a court cost fee of $5.00 for each civil suit filed in a county ccurt, county court at law, probate court, or district court, except for suits for collection of delinquent taxes. The order became effective on September 1, 1985.
It is our duty to give full recognition to the legislative intent and purpose in construing section 3(a). See Patterson v. City of Dallas, 355 S.W.2d 838 (?lex. Civ. App. -Dallas 1962, writ ref'd n.r.e.). We must ascertain whether probate proceedinns are civii suits in the context of st,ction.3(a). -As quo&d above,-section ?(a) of article 1630d allows tht! county clerk to collect the $5.00 fee for each "civil suit" filed in specified courts in the counties in a court of appeals district with s population of at least three million. V.T.C.S. art. 1630d, 591, 3(a). Although the term "civil juris- diction" as used in the s:ete constitution does not include probate jurisdiction, see Tex. Ccnst. art. V, 158, 16, 17, 22; State v. Gillette's Estate, 10 S.U.2d 984 (Tex. Comm'n App. 1928, judgmt adopted), we believe that :the legislature's use of the-term "civil suit" in section 3(a) necessarily includes those suits In which a probate court has jurisdiction.
Jurisdiction over probate proceedings is conferred by the constitution and statutes cf this state. See Tex. Const. art. V, 588, 16, 22. See also V.T.C.S. art. 1970-110ay se+ (statutory probate courts in Harris County); Boman v. Howell, 618 S.W.2d 913 (Tex. Civ. APP. - Fort Worth 1981, ncywrit). jurisdiction of some probate courts, including the probste courts in Harris County, is limited by statute to the general jurisdiction of a probate court. See V.T.C.S. art. 1970-110a. §2; Prob. Code, §3(11). Probate matters Gbe filed in a county court, statutory probate court, or certain county courts at law. See Prob. Code %5. -
Legislative history reveals that there was no reason to list "probate court" in section 3(a) of article 163Cd. V.T.C.S., unless the legislature intended the cc'urt costs fees to apply to probate matters. The original version as introduced in the Texas Rouse of Representa- tives did not include the term "probate court" as coming under the jurisdiction of the appe:.l.ate judicial system. However, a House Committee substitute, passc:d by both houses, added the term within the provision. See H.B. No. 1889, Bill File for H.B. No. 1889, Legisla- tive ReferenTLibrary. Consequently, we conclude that legisla- ture would not have provided a cOurt costs fee for civil suits filed in a probate court unless it intended civil suits to include probare proceedings. See Prob. Code §3(bb) (definition of probate matters or probate proceezgs).
Moreover, this conclur.ion is consistent with established judicial policy that probate matters are generally treated in the same manner
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Honorable Mike Driscoll - P;%ge 3
as any other civil action. See Kots v. Kots, 613 S.W.2d 760, 761 (Tex. Civ. App. - Beaumont 198r1-10 writ); see also Maddox v. Surber, 677 S.W.2d 226 (Tex. Civ. .4pp. - Houston [lswT 1984, no writ).
SUMMARY Section 3(a) of article 1630d, V.T.C.S., authorizes the county clerk, on order of the commissioners court, to collect a court cost fee of $5.00 for all civil suits, including probate proceedings, fil,sd in a county court, county court at law, probatk court, or district court in certain courts oE appeals districts.
MATTOX Attorney General of Texas JACK HIGHTOWFP
First Assistant Attorney G$zueral
MARY KELLER
Executive Assistant Attormy General
ROBERT GRAY
Special Assistant Attorney Geresal
PRICK GILPIli
Chairman, Opinion Committe~a
Prepared by Tony Guillory
Assistant Attorney General