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# The Attorney General ofTexas

March 14, 1983 JIM MATTOX Attorney General

Supreme Court Bullding P. 0. Box 12548 Austin. TX. 78711. 2549 5121475-2501 Telex 9101874~1387 Telecopier 5121475~0206

1607 Main St.. Suite 1400 Dallas, TX. 75201-4709 2141742.8944

4824 Alberta Ave.. Suite 160 El Paso. TX. 798052793 9151533.3484 P ,220 Dallas Ave.. Suite 202 Houston, TX. 770026986 7131650.0666

806 8roadway. Suite 312 Lubbock. TX. 794013479 8061747.5238

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200 Main Plaza, Suite 400 San Antonio. TX. 78205-2797 5121225.4191

An Equal Opportunity/ Affirmative Action Employer HonorableMike Driecoll Harris County Attorney 1001Preston, Suite 634 Houston,Texas 77002 OpinionNo. JM-11
Re: Fees to be collected county clerk for filing foreign judgment pursuant article 2328b-5.V.T.C.S.
DearMr. Driscoll:
You have asked if the county clerk of Harris County constitutionally authorized to collect the filing fee set forth article 2328b-5,V.T.C.S. Article 2328b-5 is the Uniform Enforcement of Foreign Judgments Act, enacted by the legislature in 1981. Generally, it provides that a copy of any properly authenticated foreign judgmentmay be filed the office of the clerk of any court of competent jurisdiction. statute directs the clerk to “treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment filed.” V.T.C.S. art. 2328b-5, 12. Section 5 of the act states:
A person filing a foreign judgment shall pay $10 to the clerk of the court. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state.
You question the constitutionality of the statute because title of the measure enacting it did not refer to a fee nor to duty of the clerk to collect one. Article III, section 35 of Texas Constitutionprovides in part:

Sec. 35. No bill
. . . shall containmore than one subject, which shall be expressed in its title. But if any subjectshallbe embraced in an act, which shall not be expressed in the title, such act shallbe void only as to somuch thereof, as shallnot be so expressed.HonorableMike'Driscoll - Page 2 (J&11)

YOU suggest that since the subject of fees was not expressed in the title, article 2328b-5, V.T.C.S., is void as to the provision regarding fees.
In our opinion, the title of the bill in question is sufficient. It reads, "An Act relating to the uniform enforcement of foreign judgments." Acts 1981, 67th Leg., R.S., ch. 195. at 464. The filing of a foreign judgment is the first step necessary for enforcement of the judgment in this state. Indeed, after setting out the fee for filing a foreign judgment, the statute continues, "Fees for other enforcement proceedings shall be as otherwise provided by law for judgmentsof courts of this state." V.T.C.S. art. 2328b-5, 15. Thus, the feeprovisionrelates to the enforcementof foreign judgments.
At least since the Texas Supreme Court decided the case of & Hayman ConstructionCompanyv. American Indemnity Company, 471 S.W.2d 564 (Tex. 1971). it has been the rule in this state that the caption of an act shouldbe liberally construed so as to uphold its validity ifat allpossible. It isnow settled thata statutewill notbe held to violate the constitutional provision if its own provisions relate directly or indirectly to the same general subject, have a mutual connection,and are not foreignto the subjectexpressed in the title. Robinsonv. Hill, 507 S.W.Zd 521, 525 (Tex. 1974);City of Brownsville v. PublicUtility Commission of Texas, 616 S.W.2d 402, 407 (Tex.Civ. APP. - Texarkana 1981, writ ref'd n.r.e.). See also Jessen Associates,Inc.v. Bullock, 531 S.W.2d 593, 601 (Tex. 1975). In our opinion, the fee provision of article 2328b-5 meets the test. Cf. AttorneyGeneralOpinion H-1097 (1977) (notnecessary that the caption of an amendatorybill apprise the readerof theprecise effects of the body of thebill, so long as the general subject of the amendingbill isdisclosed).
You also ask, "What is the correct fee to be collected by the county clerk of Harris County, as clerk of the court at the time of filing a 'foreign judgment' as stated in article 2328b-5, V.T.C.S.?" The correct fee to be collected at that time for filing the foreign judgment is tendollars ($10.00).
You furtherask if the clerk can thereaftercollect severalother fees relatedto litigationand to the enforcementof judgments, and if so,howmuch. The statute plainly provides that fees for other enforcement proceedingsshallbe as otherwiseprovidedby law for judgmentsof the courts of this state. Article 3930(b).V.T.C.S., specifiesin section 1. subsection C, that where no cause is pending, the clerk shall charge $4.00 for issuing (and recording of the return thereon) each instrument or paper on which a return must be recorded. The mere filing of a foreign judgment doesnot initiatea suit or cause; thus, ?

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p. 46- . HonorableMike Driscoll - Page 3 (JM-11)

fees associated with the enforcement of foreign judgments will ordinarily be those "where no cause is pending." Of course, if a proceeding such as a garnishment action is instituted in connection therewith, then the fees to be charged "for each cause or action or docket" as specified by other provisions of article 3930b should be collected. Itmight also be noted that section (10)of article 3930, V.T.C.S.. requires county clerks to collect reasonable fees for the discharge of duties prescribed, authorized or permitted by the legislature for which no fee is statutorily set. See also Attorney General Opinion H-235 (1974). Cf. Attorney General Opinion MU-452 (1982) (countyclerk effecting service of citationby publicationmust charge same fees as the sheriffor constable is authorizedto charge). Other fees about which you have asked are the sheriff's fee authorized by article 3926a, V.T.C.S., and the law library fee authorized by article 1702h. V.T.C.S. The law library "fee" is one "taxed, collected and paid as other costs" in civil cases. V.T.C.S. art. 1702h, 54. It is not to be collectedwhere no case or suit has been initiated. Article 3926a, V.T.C.S.. allows the commissioners court of each county to set reasonablefees tobe charged for services by the offices of sheriffsand constables. If feeshavebeen properly established for the services of sheriffs in connection with the enforcement of judgments of the courts of this state, such fees may also be collected for services of sheriffs in connection with the enforcementof foreign judgments.
SUMMARY The fee to be collectedby a county clerk for filing a foreign judgment is $10. The title of the act establishing the fee is constitutionally sufficient for that purpose. Fees for other enforcement proceedings respecting foreign judgments are the same as those provided by law for the enforcement of judgments of the courts of this state. 1 Very trulyyour , 

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- JIM MATTOX Attorney Generalof Texas TOM GREEN FirstAssistantAttorneyGeneral
DAVID R. RICHARDS ExecutiveAssistantAttorneyGeneral

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### Honorable MikeDriscoll-Page4 a-11) . .



### Prepared

byBruceYoungblood Assistant

Attorney

Ganeral APPROVED: OPINIONCOMMITTEE SusanL.Garrison,

Chairman JonBible RickGilpin GeorgeGray JimMoellinger BruceYoungblood

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