A filing fee of $205.00 was due from appellant when this appeal was filed but was not paid. See T EX . R. A PP . 5; T EXAS S UPREME C OURT O RDER R EGARDING F EES C HARGED I N C IVIL C ASES I N T HE S UPREME C OURT A ND T HE C OURTS O F A PPEALS A ND B EFORE T HE J UDICIAL P ANEL O N M ULTIDISTRICT L ITIGATION (Misc. Docket No. 15-9158, Aug. 28, 2015). The clerk of this court notified appellant of this deficiency in a letter dated January 5, 2017. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure provides:

A party who is not excused by statute or these rules from paying costs must pay – at the time an item is presented for filing – whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

T EX . R. A PP . P. 5.

We therefore ORDER appellant, not later than February 6, 2017 to either (1) pay the applicable filing fee or (2) provide written proof to this court that it is excused by statute or the Rules of Appellate Procedure from paying the fee. See T EX . R. A PP . P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will be dismissed. See T EX . R. A PP . P. 42.3.

_________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of January, 2017.

___________________________________ Keith E. Hottle Clerk of Court