Do Texas courts charge two separate filing fees when you file a civil lawsuit?

TX AG Opinion GA-0491: Must a district clerk collect filing fees under both 133.151 and 133.152?

Plain-English summary

Carl Reynolds, the Administrative Director of the Office of Court Administration, asked the Attorney General whether a district clerk must collect filing fees under both section 133.151 and section 133.152 of the Local Government Code when a civil suit is filed. Section 133.151, titled "Consolidated Civil Fee on Filing a Civil Suit in District Court," sets a fee of $45 for family law cases and $50 for other cases. Section 133.152, titled "Additional Filing Fees for Certain Actions and Proceedings in District Court for Basic Civil Legal Services for Indigents," sets a fee of $5 in family law cases and $10 in other cases.

The Office of Court Administration explained that the section 133.151 amount was not new money; it consolidated two older Government Code fees. The section 133.152 fee, by contrast, was a new fee. Many district clerks, acting at the direction of the Comptroller of Public Accounts, were charging only the consolidated fee and skipping the additional one when a suit was first filed. The Comptroller argued that collecting both fees was inconsistent with the stated purpose of chapter 133 (to consolidate and standardize fees), with the caption of House Bill 2424 (which described only "technical changes"), and with the bill's fiscal note (which indicated no new revenue).

The opinion rejected those arguments. It pointed out that both sections were adopted in the same bill, House Bill 2424, and appeared sequentially within it, each set out in full. The caption of section 133.151 refers to a "consolidated civil fee," but the caption of section 133.152 refers to "additional filing fees," and section 133.152 begins with the unmistakable phrase "In addition to other fees authorized or required by law." Because courts and the Attorney General's office construe a statute by its plain meaning, the opinion concluded that the legislature intended both fees to be collected. It held that a district clerk must collect filing fees under both section 133.151 and section 133.152.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Texas court filing fees are revised often, and the Local Government Code provisions on civil filing fees have been amended and reorganized since 2006. The dollar amounts and section numbers cited here reflect the 2006 statute. Anyone dealing with current filing fees should check the present statute and the latest fee schedules rather than relying on this opinion.

Who this opinion affected (as of 2006)

District clerks: The opinion told clerks that they were required to collect the additional section 133.152 fee on top of the consolidated section 133.151 fee at the initial filing of a civil suit, and that the contrary practice of charging only the consolidated fee did not match the statute.

The Comptroller of Public Accounts: The opinion rejected the Comptroller's position that collecting both fees was inconsistent with the bill's purpose, caption, and fiscal note, holding that the statute's plain language governed.

Civil litigants and the legal-aid system: The opinion meant that parties filing civil suits owed both fees, and that the additional fee, dedicated to basic civil legal services for indigents, was to be collected as the statute directed.

Common questions

Does filing a civil lawsuit in a Texas district court trigger more than one fee?
Yes. The opinion concluded that a district clerk must collect filing fees under both section 133.151 (the consolidated civil fee) and section 133.152 (the additional fee for basic civil legal services for indigents).

Why were some clerks charging only one fee?
Many district clerks were charging only the consolidated fee at the direction of the Comptroller of Public Accounts, who took the position that collecting both was inconsistent with the bill's stated purpose. The opinion disagreed.

What did the additional section 133.152 fee pay for?
The statute titled it an additional filing fee for "Basic Civil Legal Services for Indigents." The amount was $5 in family law cases and $10 in other cases.

Why did the plain language control over the bill's caption and fiscal note?
The opinion explained that both sections were enacted in the same bill, that section 133.152's own caption referred to "additional filing fees," and that the section opened with "In addition to other fees authorized or required by law." Under the plain-meaning rule, that language required both fees to be collected.

Background and statutory framework

Section 133.151, adopted in 2003, directs the clerk of a district court to collect a consolidated civil fee on the filing of any civil suit, in addition to a fee under section 51.317(b)(1) of the Government Code: $45 for family law cases and proceedings as defined by Government Code section 25.0002, and $50 for any other case. The Office of Court Administration explained that this consolidated fee was the sum of two older Government Code fees rather than new revenue (Tex. Loc. Gov't Code Ann. § 133.151(a) (Vernon Supp. 2006); Tex. Gov't Code Ann. §§ 51.317(b)(1), 25.0002).

Section 133.152, also adopted in 2003, directs the clerk to collect, in addition to other fees authorized or required by law, a fee on the filing of any civil action or proceeding requiring a filing fee (including an appeal, counterclaim, cross-action, intervention, interpleader, or third-party action): $5 in family law cases and $10 in other cases, dedicated to basic civil legal services for indigents (Tex. Loc. Gov't Code Ann. § 133.152(a) (Vernon Supp. 2006)).

The opinion observed that both sections were enacted as part of section 62(a) of House Bill 2424, each set out in full, so the single-subject and caption rules were satisfied. Applying the rule that statutes are construed by their plain meaning and read according to common usage, it concluded that the legislature intended both fees to be collected (Tex. Const. art. III, § 35; Act of June 1, 2003, 78th Leg., R.S., ch. 209, 2003 Tex. Gen. Laws 979, 997; Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005); Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865-66 (Tex. 1999)).

Citations

Statutes and constitutional provisions:

• Tex. Loc. Gov't Code Ann. §§ 133.151(a), 133.152(a) (Vernon Supp. 2006)
• Tex. Gov't Code Ann. §§ 51.317(b)(1), 25.0002, 311.011(a) (Vernon 2005)
• Tex. Const. art. III, § 35
• Act of June 1, 2003, 78th Leg., R.S., ch. 209, 2003 Tex. Gen. Laws 979, 997

Cases:

• Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865-66 (Tex. 1999)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0491
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2006/ga0491.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain - the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT

December 4, 2006

Mr. Carl Reynolds
Administrative Director
Office of Court Administration
Post Office Box 12066
Austin, Texas 78711-2066

Opinion No. GA-0491

Re: Whether a district clerk must collect filing fees under both section 133.151 and section 133.152 of the Texas Local Government Code (RQ-0497-GA)

Dear Mr. Reynolds:

You ask whether a district clerk must collect filing fees under both section 133.151 and section 133.152 of the Local Government Code.

Section 133.151, adopted in 2003 and titled "Consolidated Civil Fee on Filing a Civil Suit in District Court," provides, in relevant part:

In addition to each fee collected under Section 51.317(b)(1), Government Code, the clerk of a district court shall collect the following fees on the filing of any civil suit:

(1) $45 for family law cases and proceedings as defined by Section 25.0002, Government Code; and

(2) $50 for any case other than a case described by Subdivision (1).

Tex. Loc. Gov't Code Ann. § 133.151(a) (Vernon Supp. 2006). Section 133.152, also adopted in 2003 and titled "Additional Filing Fees for Certain Actions and Proceedings in District Court for Basic Civil Legal Services for Indigents," provides, in relevant part:

In addition to other fees authorized or required by law, the clerk of a district court shall collect the following fees on the filing [of] any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee:

(1) $5 in family law cases and proceedings as defined by Section 25.0002, Government Code; and

(2) $10 in any case other than a case described by Subdivision (1).

Id. § 133.152(a).

You indicate that the fees set forth in section 133.151 were not new fees, but represent "consolidated fees that had been contained in former Sections 51.701 and 51.941 of the Government Code. The amount of this consolidated fee . . . equals the sum of the two old fees." Request Letter, supra note 1, at 1. On the other hand, the fee established by section 133.152 is a new fee. See id. You note that "many district clerks are disregarding the plain wording of Section 133.152 at the direction of the Office of the Comptroller of Public Accounts. Rather than charging the additional fee when a suit is initially filed, many district clerks are charging only the consolidated fee." Id. at 2. Your question is "whether district clerks should collect the additional fee called for by Section 133.152 upon the initial filing of a lawsuit." Id.

In a brief submitted to this office, the Comptroller asserts that the collection of fees under both sections

was and is entirely inconsistent with the stated purpose of Chapter 133 (to "consolidate and standardize"). It was and is also inconsistent with the caption of House Bill 2424, which reads "relating to technical changes to taxes and fees administered by the comptroller; providing for [sic] penalties." And, it was and is inconsistent with the Fiscal Note for House Bill 2424, provided to the Legislature by the Legislative Budget Board, indicating no new revenue from the legislation.

The arguments made by the Comptroller might be tenable if sections 133.151 and 133.152 had been enacted in separate bills. Both sections were, however, adopted as part of House Bill 2424. See Act of June 1, 2003, 78th Leg., R.S., ch. 209, 2003 Tex. Gen. Laws 979, 997. The provisions appear sequentially as part of section 62(a) of House Bill 2424. Each provision is set forth in its entirety in the bill. See Tex. Const. art. III, § 35 (regarding subjects and titles of bills). While the caption of section 133.151 does indeed refer to a "consolidated civil fee," the caption of section 133.152 refers to "additional filing fees." Furthermore, section 133.152 begins with language that is unmistakably clear: "In addition to other fees authorized or required by law . . . ." Tex. Loc. Gov't Code Ann. § 133.152(a) (Vernon Supp. 2006) (emphasis added).

The plain language of House Bill 2424 indicates beyond peradventure that the legislature intended that the fees established in both sections 133.151 and 133.152 be collected by a district clerk. It is well settled that a court, and by extension, this office, construes a statute by looking to the plain meaning of the statute's language. Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865-66 (Tex. 1999). Words and phrases must be read in context and construed according to the rules of grammar and common usage. Tex. Gov't Code Ann. § 311.011(a) (Vernon 2005). The application of the plain language rule compels the conclusion that fees must be collected under both of the statutes at issue here.

We conclude that a district clerk must collect filing fees under both section 133.151 and section 133.152 of the Local Government Code.

SUMMARY

A district clerk must collect filing fees under both section 133.151 and section 133.152 of the Local Government Code.

Yours very truly,

GREG ABBOTT
Attorney General of Texas

KENT C. SULLIVAN
First Assistant Attorney General

ELLEN L. WITT
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Rick Gilpin
Assistant Attorney General, Opinion Committee

Footnotes

1. Letter from Mr. Carl Reynolds, Administrative Director, Office of Court Administration, to Honorable Greg Abbott, Attorney General of Texas (May 24, 2006) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us) [hereinafter Request Letter].

2. Brief from Timothy Mashburn, General Counsel, Office of the Comptroller of Public Accounts, to Nancy S. Fuller, Chair, Opinion Committee, Office of the Attorney General of Texas, at 2 (July 7, 2006).