THE ATTORNEY GENERAL 

OF TEXAS 

The Honorable Joe Resweber 

County Attorney 

Opinion No. H-43 

Harris County Courthouse 

Houston, Texas 77002 

Dear Mr. Resweber: 

Re: Is the County Clerk 

authorized to collect 

fees for filing papers 

for discovery proceedings in aid of enforcement of a final judgment 

pursuant to Rule 621a of 

the Texas Rules of Civil 

Procedures? 

Your letter requesting our opinion asks whether the County Clerk 

is authorized to collect fees for filing papers for discovery proceedings 

in aid of the enforcement.of a final judgment pursuant to Rule 621a of 

the Texas Rules of Civil Procedure. 

Rules 62la, effective only January 1, 1971, authorizes the holder 

of a judgment to maintain discovery proceedings in the court in the same 

suit in which the judgment was rendered for the purpose of obtaining 

information to aid in the enforcement of the judgment. Nothing is said 

about fees. 

However, in 1967 the Legislature adopted Article 3930 (b) Vernon’s 

Texas Civil Statutes (Acts 1967, 60th Leg., p. 1785, Ch. 680). The 

statute, in appropriate paragraphs A, B, C, D, E and F, covers six different situations in which fees are collectible. 

We are concerned with paragraphs A and C. 

Paragraph A, generally having to do with fees for county civilcourt 

dockets, by its terms, applies to proceedings “while the docket is still 

open:” 

p. 173 
The Honorable Joe Resweber, page 2 (H-43) 

“For each cause or action, or docket in 

County Civil Courts; for filing, or filing and 

registering. or filing and recording, and for 

docketing and including taxing costs for each 

and all applications, complaints, petitions, 

returns, documents, papers, legal instruments, 

records and/or oroceedings; for issuing, including the recording of the return thereon, each and 

all citations, notices, subpoenas, commissions 

to take depositions, executions while the docket 

is still open, garnishments before judgments, 

orders, writs, processes, or any and all other 

instruments, documents or papers authorized, 

permitted or required to be issued by said county 

clerk or said clerk of county courts on which a 

return must be recorded; for all attendance6 

which a return must be recorded; for all attendantes in court as clerk of court; for impaneling 

a jury; for swearing witnesses; for approving 

bonds involved in court actions, for administering 

oaths; and for all other clerical duties in connection 

with such county civil court docket: . . . ” 

It requires a fee of $10.00 in most suits “which fee is to be paid 

but one time in each cause or docket, or suit, and which fee excludes the 

items listed in Paragraph B, C, D and E of this Section 1: . . . . ” 

Paragraph B provides for fees for probate court dockets. Paragraph C is as follows: 

“Where no cause is pending, as is contemplated in Section 1, Paragraphs A and B hereof, 

the clerk shall charge as follows for the hereinafter 

listed services, for issuing (including recording of 

the returns thereon), each citation, notice, commission to take depositions, execution, order, writ, 

process, or any other instrument, document, or 

paper authorized, permitted or required to be issued 

by said county clerk or said clerk of county courts 

on which a return must be recorded: 

p. 174 
The Honorable Joe Rerweber, page 3 (H-.43) 

“(i) For irsuing each such instrument, 

document, or paper, including the original and 

one copy and the recording of the return, a fee, 

to be paid at the time each order is placed, of 

. . . $3.00. . . .” 

Paragraph D has to do with issuing certificates, certified copies, 

etc. Paragraph E applies to Letters Testamentary, Letters of Guardianship 

and similar instruments. Subparagraph F applies to the filing and keeping 

of wills held for safekeeping. 

As we construe Article 3930(b), if at the time the provisions of Rule 

621a are invoked the original cause of action is still pending upon the docket 

of the court, the successful party may file or require the issuance of whatever papers are necessary under Rule 621a without incurring liability for 

any additional fee. On the other hand, if there is no cause pending and the 

proceeding must be brought under Paragraph C, then the Clerk is entitled 

to a charge of $3.00 for issuing each instrument, document, or paper, but 

not for merely filing the same. If, a’s may be true in discovery proceedings 

under the amended rules, the Clerk is not called upon to issue any instruments, we see no authority for him to charge a fee. 

It is our construction of Articles 3930 and 3930A-1 that they apply 

only to the non-court aspects of the functions of the County Clerk’s office 

and that eubsection (9) of Article 3930 does not authorize the Clerk to set 

a fee for filing instruments in court proceedings. 

SUMMARY 

Article 393013, Vernon’s Texas Civil Statutes, 

governs fees to be charged in a proceeding brought 

under Rule 621a of the Texas Rules of Civil Procedure. 

If the action is still pending upon the docket of the 

court at the time such proceedings are instituted, they 

fall within the one time filing fee and no additional fee 

is to be charged. If no action is pending at the time 

those proceedings are instituted, the County Clerk 

p. 175 
. 1 

The Honorable Joe Resweber, page 4 (H-43) 

is entitled to a fee of $3.00 for each instrument 

he issues, but is not entitled to charge a fee for 

the mere filing of instruments prepared by otherr. 

Very truly yours, 

JOHN L. HILL 

Attorney General of Texas 

APPRgVED: r---Y 

&$iYi!f 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 176