The Attorney General of Texas
November.30, 1981
MARK WHITE
Attorney General
Reed Quilliam, Executive Director Opinion No. Mh'-400
Supreme Court Building
P. 0. Box 12546
State Bar of Texas
Austin. TX. 76711 14th Street and Colorado Ret Construction of amend-
5121475-2501 Austin, Texas 78711 ments to article 3923, V.T.C.S..
Telex 9101674-1367 enacted Sixty-seventh
Telecopier 512/475-0266
by
Legislature
1607 Main St.. Suite 1400 Dear Mr. Hanna:
Dallas. TX. 75201
21417428944 You request our opinion as to the effect on article 3923,
V.T.C.S., of two amendments enacted by the Sixty-seventh Legislature.
4624 Alberta Ave., Suite 160
You specifically ask whether Senate Bill No. 265 and Senate Bill No.
El Paso, TX. 79905 1165 may be reconciled so that full effect may be given to both.
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
Houston. TX. 77002
deposits to be received by the clerk of the supreme court. senate
713,650.0666 Bill No. 265, enacted on June 2, 1981, amended numerous statutes to
implement the constitutional amendment granting criminal appellate
jurisdiction to the former courts of civil appeals. See Tex. Const.
806 Broadway, Suite 312
Lubbock, TX. 79401
art. V, 66. The majority of the amendments enacted by Senate Bill No.
6061747-5236
265, including the amendment to article 3923, merely struck the word
"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
5121662.4547
(A) The Clerk of the Supreme Court shall
receive the following fees and costs:
200 Main Plaza, Suite 400 1. For the filing of records, applications,
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,
An Equal OpportunityI processes, mandates; and for the performance of
Aftirlnative Action Employer other proper and necessary clerical duties in
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
.. .
p. 1358
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 ltcourtof 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
p. 1359
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
p. 1360