JIM MATTOX 

Attorney General 

The Attorney General of Texas 

March 10, 1986 

Supreme Court Building 

P. 0. BOX 12548 

Austin. TX. 78711.2548 

512/475-2501 

Telex 9101674-1387 

Telecopier 51214750266 

Honorable Mike Driscoll 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77'302 

opinion No. .I?+-448 

Ret Whether a county clerk must 

collect $5.00 in court costs in 

probate matters under article 

1630d, V.T.C.S. 

714 Jackson, Suite 700 

Da11as. TX. 75202-4508 

2,4/742-8944 

4824 Alberta Ave., Suite 160 

El Paso. TX. 79905.2793 

9151533~3484 

,001 Texas. suite 700 

Houston, TX. 77002.3111 

713/2235886 

806 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

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McAllen. TX. 78501-1685 

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2M) Main Plaza. Suite 400 

San Antonio, TX. 782052797 

512f2254191 

A,, Equal Opportunity1 

Affirmative Action Employer 

Dear Mr. Driscoll: 

You have asked whether probate proceedings are civil suits within 

the meaning of sec,tion 3 of article 1630d, V.I :.c.s. Article 1630d, 

V.T.C.S., provides in part as follows: 

Sec. 2. The commissioners court, by order, 

shall eritablish an appellate judicial system fund 

to: 

(1) assist the courts of appeals in the supreme 

judicial district of the State of Texas in processing appeals filed from the county court, county 

courts at law, probate courts, and district courts; 

and 

(2) defray costs and expenses incurred for the 

operation of the court of appeals within the State 

of Texas for which the county is required by law to 

reimburse other counties within the supreme 

judicial district. 

Sec. 3. (a) In order to fund the appellate 

judicial system, the commissioners court of each 

county within the supreme judicial district of the 

State of Texas shall set a court costs fee of not 

more than $5 for each civil suit filed in a county 

court, county court at law, probate court, or 

district court in the county, except for suits for 

the collection of delinquent taxes. (Emphasis 

added). 

You have informed us that on August 27, 1985, pursuant to section 

2 of article 163Oi. the conmissioners court of Harris County approved 

p. 2035 
Ronorable Mike Driscoll - Eage 2 (JM-448) 

an order establishicg an appellate judicial system fund and saLting a 

court cost fee of $5.00 for each civil suit filed in a county ccurt, 

county court at law, probate court, or district court, except for 

suits for collection of delinquent taxes. The order became effective 

on September 1, 1985. 

It is our duty to give full recognition to the legislative intent 

and purpose in construing section 3(a). See Patterson v. City of 

Dallas, 355 S.W.2d 838 (?lex. Civ. App. -Dallas 1962, writ ref'd 

n.r.e.). We must ascertain whether probate proceedinns are civii 

suits in the context of st,ction.3(a). -As quo&d above,-section ?(a) 

of article 1630d allows tht! county clerk to collect the $5.00 fee for 

each "civil suit" filed in specified courts in the counties in a court 

of appeals district with s population of at least three million. 

V.T.C.S. art. 1630d, 591, 3(a). Although the term "civil jurisdiction" as used in the s:ete constitution does not include probate 

jurisdiction, see Tex. 

Gillette's Estate, 

Ccnst. art. V, 158, 16, 17, 22; State v. 

10 S.U.2d 984 (Tex. Comm'n App. 1928, judgmt 

adopted), we believe that :the legislature's use of the-term "civil 

suit" in section 3(a) necessarily includes those suits In which a 

probate court has jurisdiction. 

Jurisdiction over probate proceedings is conferred by the 

constitution and statutes cf this state. See Tex. Const. art. V, 588, 

16, 22. See also V.T.C.S. art. 1970-110ay se+ (statutory probate 

courts in Harris County); Boman v. Howell, 618 S.W.2d 913 (Tex. Civ. 

APP. - Fort Worth 1981, ncywrit). jurisdiction of some probate 

courts, including the probste courts in Harris County, is limited by 

statute to the general jurisdiction of a probate court. See V.T.C.S. 

art. 1970-110a. §2; Prob. Code, §3(11). Probate matters Gbe filed 

in a county court, statutory probate court, or certain county courts 

at law. - See Prob. Code %5. 

Legislative history reveals that there was no reason to list 

"probate court" in section 3(a) of article 163Cd. V.T.C.S., unless the 

legislature intended the cc'urt costs fees to apply to probate matters. 

The original version as introduced in the Texas Rouse of Representatives did not include the term "probate court" as coming under the 

jurisdiction of the appe:.l.ate judicial system. However, a House 

Committee substitute, passc:d by both houses, added the term within the 

provision. See H.B. No. 1889, Bill File for H.B. No. 1889, Legislative ReferenTLibrary. Consequently, we conclude that the legislature would not have provided a cOurt costs fee for civil suits filed 

in a probate court unless it intended civil suits to include probare 

proceedings. See Prob. Code §3(bb) (definition of probate matters or 

probate proceezgs). 

Moreover, this conclur.ion is consistent with established judicial 

policy that probate matters are generally treated in the same manner 

p. 2036 
-. 

Honorable Mike Driscoll - P;%ge 3 (JM-448) 

as any other civil action. See Kots v. Kots, 613 S.W.2d 760, 761 

(Tex. Civ. App. - Beaumont 198r1-10 writ); see also Maddox v. Surber, 

677 S.W.2d 226 (Tex. Civ. .4pp. - Houston [lswT 1984, no writ). 

SUMMARY 

Section 3(a) of article 1630d, V.T.C.S., 

authorizes the county clerk, on order of the 

commissioners court, to collect a court cost fee 

of $5.00 for all civil suits, including probate 

proceedings, fil,sd in a county court, county court 

at law, probatk court, or district court in 

certain courts oE appeals districts. 

MATTOX 

Attorney General of Texas 

JACK HIGHTOWFP 

First Assistant Attorney G$zueral 

MARY KELLER 

Executive Assistant Attormy General 

ROBERT GRAY 

Special Assistant Attorney Geresal 

PRICK GILPIli 

Chairman, Opinion Committe~a 

Prepared by Tony Guillory 

Assistant Attorney General 

p. 2033