,
The Attornq General of Texas
December 19. 1985
JIM MATTOX
Attorney General
Supreme Court Suildlng HonorableMike Driscoll Opinion No. .JM-396
P. 0. Box 12548
Austin, TX. 70711. 2548
Harris County Attorney
512l475.2501 1001 Preston, Suite 634 Re: Fees a district clerk -7
Telex 9101874.1367 Houston,Texas 77#D02 charge in a suit affectingthe
Telecopier 512/4750268 pareat-childrelationship
714 Jackson. Suite 700 Dear Mr. Driscoll:
Dallas, TX. 75202.4506
214l742-8944 At the requerrtof the district clerk of Harris County, you ask
the following qumtions regarding fees to be collected in suits
4824 Alberta Ave.. Suhe 180
affectingthe pareac-childrelationship:
El Paso, TX. 79905.2793
s15/533+%4 1. Is section 14.13 of the Family Code, as
enacted by House Bill No. 1593 or as enacted by
Senate Bill No. 1175, valid and effective,or are
1001 Texas. Suite 700 both valf'iand effective?
Houston, TX. 77W2.3111
713/22%5SS6
2. Wh,ntfee may the district clerk charge for
contempt actions for enforcementof child support
806 Broadway, Suite 312 orders antisuits to modify child support?
Lubbock, TX. 79401.3479
SW747.5238
3. M&g the district clerk charge a managing
consemattx (representedby the attorney general)
4309 N. Tenth. Suite S a $5 fee for orders withholdingfrom earnings for
McAllen, TX. 78501.1885 child suplport?
512BS2.4547
Your first qmstion arises because the Sixty-ninthLegislature
2w Main Plaza, Suite 400 enacted two amendmentsto the Family Code and provided that each of
San Antonio. TX. 78205.2797 them would be cod:l!liedas Family Code 514.13. Both provisionsdeal
512/2254191 with fees in suits affectingthe parent-childrelationship. The first
of those provisionswas part of House Bill No. 1593:
An Equal Opportunity/
Affirmative Action Employer Sec. 14.13. ADDITIONAL FILING FEE NOT
REQUIRED. No additional filing fee may be
collecte,ior required in a suit affecting the
parent-c:xlld
relationshipwhen a party to the suit
files a motion to modify a decree under Section
14.08 of this code, or when a motion for the
enforcemnt of an order is filed under Section
14.09 or 14.091 of this code. This section does
not prohi'bitthe clerk from collectinga deposit
in the amount set by the clerk as in other cases
p. 1814
HonorableMike Driscoll- Page 2 (JM-396)
for payment of enpected costs and other expenses
arising in the proceeding.
Acts 1985. 69th Leg., ch. 239, at 2039-40. Senate Bill No. 1175
containedthe other provisionto be labeledFamily Code section 14.13:
Section 14.1:'.EXEMFTION FROM COURT FEES:
ATTOENEY GENERAL. A clerk, auditor, sheriff, or
other government officer or employee may not
charge a fee or ather amount for servicesrendered
in connection w:Xh an action or proceeding in
which the attorney general of this state is
representinga pctrtyfor the purpose of obtaining
child support.
Acts 1985, 69th Leg., ch. 232, at 1961.
Amendmentsenacted in t:hesame session of the legislatureare to
be harmonized, if possible. V.T.C.S. art. 5429b-2, 53.05(b). Also,
clericalmistakes by the l@slature should be disregarded. Attorney
General OpinionsM-1207 (l!U2);C-106 (1963);V-1234 (1951). The two
amendments at issue deal with different topics and do not conflict.
The overlap in labeling is uothing more than a clerical error. Thus,
both amendmentsare valid.
The version of section 14.13 that is set out in House Bill No.
1593 provides the answer 1:o your second question. mat provision
makes clear that the distr::ct
clerk may not charge a fee for a motion
to modify a decree or a mction for enforcementof an order in a suit
affecting the parent-child relationship. Apparently the district
clerk'squestionarose becciu.seof uncertaintyabout the interpretation
of the phrase "no additionXtfiling fee" in that provision. We think
that the word "additional"<.aa referenceto the initiaa filing fee in
the suit affecting the p.%:cent-child relationship. In effect, the
provisionmeans that the cost of filing motions to modify or motions
to enforce orders is cover&.by the initial filing fee.
Your third question is whether a clerk can charge a managing
conservatorwho is representedby the attorney general a $5 fee for
orders that are mailed to employers requiringthem to withhold child
support payments from an tmlployee'searnings. Generally,a district
clerk may charge such a fee!:
The employernay deduct from the ordered amount
an administrativefee of not more than $5 per
month to be cred:.ted
towards the obliger'spayment
of support. The clerk of the court may charge the
requestor a-- rcztsonable fee for each order
delivered to an %mployer by mail, not to exceed
2. (EmphasisacEled).
p. 1815
HonorableMike Driscoll - I'age3 (JM-396)
Family Code 514.43(i);Acts 1985, 69th Leg., ch. 232, at 1972. As we
discussed previously, however, a clerk way not charge a fee for
services rendered in connection with a proceeding in which the
attorney general is repres(nitiug
a party for the purpose of obtaining
child support. Family Code 514.13; Acts 1985, 69th Leg., ch. 232, at
1961. That exemption is applicable in the situation you describe.
Therefore,you way uot chalge the $5 fee when the managing conservator
is representedby the attorneygeneral.
SUMMARY
Section 14.13 of the Family Code, as enactedby
House Bill No. 1593, Acts 1985, 69th Leg., ch.
239, at 2039-40, and section 14.13 of the Family
Code, as enacted by Senate Bill No. 1175, Acts
1985, 69th Leg., ch. 232, at 1961, are both valid.
The district cl,erkmay not charge a fee for
motions to modiflra decree or motions for enforce-
ment of orders iu suits affectingthe parent-child
relationship. When a managing conservator Is
representedby theeattorney general, the district
clerk may not ch,arge the managing conservatora
fee for orders mailed to employersrequiringthem
to withhold c2.ild support payments from an
employee'searniu8s.
J-W
Very truly yo ,
m
JIM MATTOX
AttorneyGeneral of Texas
JACKHIGHTOWRR
First AssistantAttorneyGmeral
MARY KELLER
ExecutiveAssistantAttorutyGeneral
ROBRRT GRAY
SpecialAssistantAttorney General
RICK GILPIN
Chairman,Opinion Comaitte~a
Preparedby Sarah Woelk
AssistantAttorneyGeneral
p. 1816