1 

The Attorney General of Texas 

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 

4309 N. Tenth, Suite B 

MeAllen, TX. 78501-1685 

5121682.4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 78205-2797 

5121225.4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Honorable Mike Driecoll 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

Opinion No. JM-11 

Re: Fees to be collected 

county clerk for filing 

foreign judgment pursuant 

article 2328b-5. V.T.C.S. 

Dear Mr. 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 judgment may 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 Constitution provides in part: 

Sec. 35. No bill . . . shall contain more than 

one subject, which shall be expressed in its 

title. But if any subject shall be embraced in an 

act, which shall not be expressed in the title, 

such act shall be void only as to so much thereof, 

as shall not be so expressed. 
Honorable Mike'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 

judgments of courts of this state." V.T.C.S. art. 2328b-5, 15. Thus, 

the fee provision relates to the enforcement of foreign judgments. 

At least since the Texas Supreme Court decided the case of & 

Hayman Construction Company v. American Indemnity Company, 471 S.W.2d 

564 (Tex. 1971). it has been the rule in this state that the caption 

of an act should be liberally construed so as to uphold its validity 

if at all possible. It is now settled that a statute will not be 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 foreign to the subject expressed in the title. 

Robinson v. Hill, 507 S.W.Zd 521, 525 (Tex. 1974); City of Brownsville 

v. Public Utility 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. 

Attorney General Opinion H-1097 (1977) (not necessary that the caption 

of an amendatory bill apprise the reader of the precise effects of the 

body of the bill, so long as the general subject of the amending bill 

is disclosed). 

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 ten dollars ($10.00). 

You further ask if the clerk can thereafter collect several other 

fees related to litigation and to the enforcement of judgments, and if 

so, how much. 

The statute plainly provides that fees for other enforcement 

proceedings shall be as otherwise provided by law for judgments of the 

courts of this state. Article 3930(b). V.T.C.S., specifies in 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 does not initiate a suit or cause; thus, 

? 

? 

p. 46 
- . 

Honorable Mike 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. It might 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) (county clerk effecting service of citation by publication must 

charge same fees as the sheriff or constable is authorized to 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 collected where no case or suit has 

been initiated. Article 3926a, V.T.C.S.. allows the commissioners 

court of each county to set reasonable fees to be charged for services 

by the offices of sheriffs and constables. If fees have been 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 

enforcement of foreign judgments. 

SUMMARY 

The fee to be collected by 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 truly your , L-l-J& . 

- 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

p. 47 
Honorable Mike Driscoll - Page 4 a-11) 

. . 

Prepared by Bruce Youngblood 

Assistant Attorney Ganeral 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

George Gray 

Jim Moellinger 

Bruce Youngblood 

p. 48