“..,
THE ATTORNEY GENERAL
OP -*AS
Ausnlv. TEXAR 78711
ClZAWm-ORDc. MARTmiv
.4lTORNEY CIBNERAL
May 8, 1968
Hon. James E. Barlow Opinion NO. M-230
Criminal District Attorney
Bexar County Re: Filing fees and appeal
San Antonio, Texas 78204 bonds in connection with
appeals from justice court.
Dear Mr. Barlow:
you have asked our opinion as to whether an appellant
from the justice court must pay a filing fee to the county clerk
under the provisions of Section 1 A(1) (a) of Article 3930(b),
Vernon's Civil Statutes, in addition to providing an appeal
bond, in view of the provisions of Article 3930(b) and Rule
571, Texas Rules of Civil Procedure.
Rule.571 provides, in part, as follows:
"The party appealing . . . shall . . .
file with the justice a bond . . . conditioned
that appellant shall prosecute his appeal to
effect, and shall pay off and satisfy the
judgment which may be rendered against him on
appeal . . . When such bond has been filed
with the justice, the appeal shall be held to
be thereby perfected and all parties to said
suit or to any suit so appealed shall make
their appearance at the next term of court
to which said case has been appealed. . . ."
Article 3930(b) prescribes the fees that county clerks
and clerks of county courts are authorized and required to collect,
which include filing fees for each cause of action or docket in
county civil courts.
We agree with your conclusion that no conflict exists
between the provisions of Article 3930(b), providing for filing
fees, and Rule 571, providing for filing of appeal bonds. The
appeal bond requirement is forthe purpose of assuring payment
of judgment and costs. The filing fee constitutes fees county
clerks are authorized to collect for services rendered by them
in the filing of various instruments.
In Attorney General's Opinion M-170 (19671, constru-
ing the provisions of Article 3930(b), it was stated that no'
conflict exists between its provisions and the provisions of
-1124*
Hon. James E. Barlow, page 2 (M-230)
Section 428 of Chapter X of the Texas Probate Code. See also
Attorney General's Opinions ~-128 (19671, M-133 (19671, M-134
(1967), M-135 (1967), M-148 (1967), and M-168 (19671, concern-
ing the effect of the enactment of House Bills 78 and 80 of
the 60th Legislature, Regular Session, concerning fees of county
and district clerks on existing laws.
In view of the foregoing, you are advised that we
agree with your opinion that there is no conflict between
Rule 571 and Article 3930(b), Section 1 A(1) (a), and that
both an appeal bond and a filing fee are now required.
SUMMARY
There is no conflict between Rule 571, Texas
Rules of Civil Procedure, and Article 3930(b),
Section 1 A(1) (a), Vernon's Civil Statutes, and
both an appeal bond and a filing fee are now re-
quired.
truly yours,
m7~
C. MARTIN
General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
Fisher Tyler
Charles F. Aycock
Bob Flowers
Jerry Roberts
A. J. CARLJBBI, JR.
Executive Assistant
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