“. ., 

THE ATTORNEY GENERAL 

OP -*AS 

ClZAWm-ORD c. MARTmiv Ausnlv. TEXAR 78711 

.4lTORNEY CIBNERAL 

May 8, 1968 

Hon. James E. Barlow 

Criminal District Attorney 

Bexar County 

San Antonio, Texas 78204 

Dear Mr. Barlow: 

Opinion NO. M-230 

Re: Filing fees and appeal 

bonds in connection with 

appeals from justice court. 

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, construing 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, concerning 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 required. 

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 

truly yours, 

m7~ 

C. MARTIN 

General of Texas 

-1x.5-