,

JIM MATTOX Attorney General
Supreme Court Suildlng P. 0. Box 12548 Austin, TX. 70711. 2548 512l475.2501 Telex 9101874.1367 Telecopier 512/4750268

714 Jackson. Suite 700 Dallas, TX. 75202.4506 214l742-8944

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An Equal Opportunity/ Affirmative Action Employer 

## The Attornq General of Texas
December19. 1985

Honorable

Mike Driscoll Harris CountyAttorney 1001 Preston,Suite 634 Houston,Texas 77#D02 OpinionNo. .JM-396 Re: Fees a districtclerk charge in a suit affecting pareat-child

relationship -7

the

Dear Mr. Driscoll: At the requerrt

of the district clerk of Harris County,you ask the following qumtions regarding fees to be collected in suits affectingthe pareac-child relationship: 1. Is section 14.13 of the Family Code, as enacted by House Bill No. 1593 or as enacted by Senate Bill No. 1175,valid and effective, or are both valf'i

and effective? 2. Wh,nt

fee may the district clerk charge for contemptactions for enforcement of child support orders anti

suits to modify child support? 3. M&g the district clerk charge a managing consemattx (represented by the attorney general) a $5 fee for orderswithholdingfrom earningsfor child suplport? Your first qmstion arises because the Sixty-ninthLegislature enacted two amendmentsto the Family Code and provided that each of them would be cod:l!lied as Family Code 514.13. Both provisionsdeal with fees in suits affecting the parent-child

relationship. The first of those provisions was part of House Bill No. 1593: Sec. 14.13. ADDITIONAL FILING FEE NOT REQUIRED. No additional filing fee may be collecte,i

or required in a suit affecting the parent-c:xlld

relationship

when a party to the suit files a motion to modify a decree under Section 14.08 of this code, or when a motion for the enforcemnt of an order is filed under Section 14.09 or 14.091 of this code. This section does not prohi'bit

the clerk from collectinga deposit in the amount set by the clerk as in other cases

p. 1814Honorable Mike Driscoll- Page 2 (JM-396)

for payment of enpected costs and other expenses arising in the proceeding. Acts 1985. 69th Leg., ch. 239, at 2039-40. Senate Bill No. 1175 contained

the other provisionto be labeledFamily Code section 14.13: Section 14.1:'.EXEMFTION FROM COURT FEES: ATTOENEY GENERAL. A clerk, auditor, sheriff, or other government officer or employee may not chargea fee or ather amount for servicesrendered in connectionw:Xh an action or proceeding in which the attorney general of this state is representing

a pctrty

for the purpose of obtaining child support. Acts 1985, 69th Leg., ch. 232, at 1961. Amendmentsenacted in t:he same sessionof the legislature are to be harmonized,if possible. V.T.C.S. art. 5429b-2, 53.05(b). Also, clerical

mistakesby the l@slature shouldbe disregarded. Attorney GeneralOpinionsM-1207 (l!U2);C-106 (1963); V-1234 (1951). The two amendmentsat issue deal with different topics and do not conflict. The overlap in labelingis uothingmore than a clericalerror. Thus, both amendments

are valid. The version of section 14.13 that is set out in House Bill No. 1593 provides the answer 1:oyour second question. mat provision makes clear that the distr::ct clerkmay not charge a fee for a motion to modify a decree or a mction for enforcement of an order in a suit affecting the parent-child relationship. Apparently the district clerk'squestionarose becciu.se of uncertainty

about the interpretation of the phrase "no additionXtfiling fee" in that provision. We think that the word "additional" <.a a referenceto the initiaa filing fee in the suit affecting the p.%:cent-child relationship. In effect, the provisionmeans that the cost of filingmotions to modify or motions to enforceorders is cover&.by the initial filing fee. Your third question is whether a clerk can charge a managing conservator

who is represented by the attorney general a $5 fee for orders that are mailed to employersrequiringthem to withhold child supportpayments from an tmlployee's earnings. Generally,a district clerkmay charge such a fee!:

The employer

nay deduct from the orderedamount an administrativefee of not more than $5 per month to be cred:.ted towardsthe obliger's payment of support. The clerk of the courtmay charge the requestor a--rcztsonable fee for each order delivered to an %mployer by mail, not to exceed 2. (Emphasis

acEled).

p. 1815Honorable Mike Driscoll- I'age 3 (JM-396)

Family Code 514.43(i); Acts 1985, 69th Leg., ch. 232, at 1972. As we discussed previously, however, a clerk way not charge a fee for services rendered in connection with a proceeding in which the attorneygeneral is repres(nitiug a party for the purpose of obtaining child support. Family Code 514.13;Acts 1985, 69th Leg., ch. 232, at 1961. That exemption is applicable in the situationyou describe. Therefore,

you way uot chalge the $5 fee when the managingconservator is represented

by the attorneygeneral.

SUMMARY Section 14.13 of the Family Code, as enacted by House Bill No. 1593, Acts 1985, 69th Leg., ch. 239, at 2039-40,and section 14.13 of the Family Code, as enacted by Senate Bill No. 1175, Acts 1985, 69th Leg., ch. 232, at 1961, are both valid. The district cl,erk may not charge a fee for motions to modiflr

a decree or motions for enforcement of orders iu suits affectingthe parent-child relationship. When a managing conservator Is represented

by thee

attorneygeneral,the district clerk may not ch,arge the managing conservatora fee for orders mailed to employersrequiringthem to withhold c2.ild support payments from an employee's

earniu8s. Very trulyyo , 

# J-W

m
JIM MATTOX AttorneyGeneralof Texas JACKHIGHTOWRR First Assistant

AttorneyGmeral MARY KELLER Executive

Assistant

AttorutyGeneral ROBRRT GRAY SpecialAssistant

AttorneyGeneral RICK GILPIN Chairman,

OpinionComaitte~a Prepared

by SarahWoelk Assistant

AttorneyGeneral

p. 1816