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Honorable Henry Wade - Page 2 (MW-447A)
Filing fees are merely "security for costs," so that advance payment
of such may not be required. Rodeheaver v. Alridge, 601 S.W.2d 51
(Tex. Civ. App. - Houston fist Dist.) 1980, writ ref'd n.r.e.).
Filing fees were determined by Attorney General Opinion MW-447 to be
"costs" for purposes of article 3912e, V.T.C.S. Article 2072
specifically exempts named parties from giving security for costs and
constitutes an exception to a general statute dealing with collection
of fees by a court clerk. Rodeheaver v. Alridge, supra. Thus,
article 3912e does not impliedly repealfarticle 2072.
In conclusion, the state is not required to pay filing fees for
the filing of a case, pay fees for service of citation, or give any
other security for costs, including any appellate costs, although the
state will ultimately be liable for costs should it be the losing
party. See City of Athens v. Evans, 63 S.W.2d 379 (Tex. Comm. App.
1933); Smith v. City of Dallas, 36 S.W.2d 547 (Tex. Civ. App.
Texarkana 1931, writ dism'd).
SUMMARY
The state is not required to pay 'filing fees
for the filing of a case, pay fees for service of
citation, or give any other security for costs,
including any appellate costs, although the state
will ultimately be liable for costs should it be
the losing party.
Very truly yours,
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison &
Lonny Zviener
Assistant Attorneys General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Thomas M. Pollan
Bruce Youngblood
Lonny Zwiener
p. 1662