Case Information
*1 The Attorney General of Texas November.30, 1981 MARK WHITE
Attorney General Reed Quilliam, Executive Director Opinion No. Mh'-400
Supreme Court Building State Bar of Texas P. 0. Box 12546 14th Street and Colorado Ret Construction of amend- Austin. TX. 76711 Austin, Texas 78711 ments to article 3923, V.T.C.S.. 5121475-2501 Telex 9101674-1367 enacted Sixty-seventh by Telecopier 512/475-0266 Legislature 1607 Main St.. Suite 1400 Dallas. TX. 75201 [21417428944] Dear Mr. Hanna:
You request our opinion as to the effect on article 3923,
V.T.C.S., of two amendments enacted by the Sixty-seventh Legislature. You specifically ask whether Senate Bill No. 265 and Senate Bill No. 4624 Alberta Ave., Suite 160 1165 may be reconciled so that full effect may be given to both. El Paso, TX. 79905 915/5x3464 Senate Bill No. 1165, enacted by the legislature on May 29, 1981, amended article 3923, V.T.C.S., by raising the fees, costs, and 1220 Dallas Ave., Suite 202 deposits to be received by the clerk of the supreme court. senate Houston. TX. 77002 Bill No. 265, enacted on June 2, 1981, amended numerous statutes to 713,650.0666 implement the constitutional amendment granting criminal appellate
jurisdiction to the former courts of civil appeals. See Tex. Const. 806 Broadway, Suite 312 art. V, 66. The majority of the amendments enacted by Senate Bill No. Lubbock, TX. 79401 265, including the amendment to article 3923, merely struck the word 6061747-5236 "civil" from references to the court of civil appeals. This amendment
to article 3923, V.T.C.S., reads in pertinent part: 4309 N. Tenth. Suite 6 McAllen, TX. 76501 (A) The Clerk of the Supreme Court shall 5121662.4547 receive the following fees and costs: 1. For the filing of records, applications, 200 Main Plaza, Suite 400 San Antonio, TX. 76205 motions, briefs, and other necessary and proper 512/225-4191 papers; for the docketing and docket and minute book entries; for issuing notices, citations, processes, mandates; and for the performance of An Equal OpportunityI other proper and necessary clerical duties in Aftirlnative Action Employer cases before the court, he shall receive the fee
set out opposite each class of the following cases:
(a) Application for writ of error.....$lO.OO . . .
Reed Quilliam - Page 2 (MW-400)
(e) Certified questions from the Court of Appeals to the Supreme Court................ 25.00 Acts 1981, 67th Leg., ch. 291, 958, at 787. The provisions setting fees, costs, and deposits for the clerk of the supreme court were left unchanged from the law as it existed prior to amendment by Senate Bill NO. 1165. Your question, then, is whether the enactment of Senate Bill No. 265 effectively leaves the article 3923 fees as they were, notwithstanding the enactment of Senate Bill No. 1165.
Amendments to the same statute, and in particular amendments enacted at the same session of the legislature, will be construed in harmony if at all possible. Wright v. Broeter, 196 S.W.2d 82 (Tex. 1946). In construinp, any statute, the courts will seek to effectuate the intent of the iagislature and not to defeat it. Brazes River Conservation and Reclamation District v. Costello, 143 S.W.Zd 577 (Tex. 1940). The controlling intent expressed in Senate Bill No. 1165 was to increase the fees, costs, and deposits to be received by the clerk of the supreme court, while the legislative intent underlying Senate Bill No. 265 was to change the designation of the courts of civil appeals to ltcourt of appeals." In amending article 3923, the legislature was required by article III, section 36 of the Texas Constitution to reenact and publish at length the section amended. See State Highway Department v. Gorham, 162 S.W.Zd 934 (Tex. 1942). We believe the legislature republished the prior fee schedule in order to satisfy the requirements of article III, section 36, and not to nullify its enactment of Senate Bill No. 1165. The two amendments to article 3923, V.T.C.S., can be harmonized and given effect when the purpose of each is understood. In our opinion, the fees, deposits and costs established by Senate Bill No. 1165 are now in effect.
SUMMARY The costs and deposits set out in Senate Bill NO. 1165 amending article 3923, V.T.C.S., are in effect and were not impliedly repealed by Senate Bill No. 265.
Very truly yours, f3 MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Reed Quilliam - Page 3 (m-400)
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger
Bruce Youngblood