Texas Attorney General Opinion: LO97-044 Page: 1 of 2
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@ffice of the Attornep generall
state of Qexas
DAN MORALES April 24, 1997
ATTORNEY GENERAL
The Honorable Steven C. Hilbig Letter Opinion No. 97-044
Bexar County Criminal District Attorney
300 Dolorosa, Suite 5072 Re: The legality of the district clerk collecting the
San Antonio, Texas 78205-3030 initial operations fee on behalf of the domestic
relations office (ID# 39256)
Dear Mr. Hilbig:
You ask whether the district clerk may collect the initial operations fee in certain family law
cases on behalf of the domestic relations office. Provided that the commissioners court and the
administering entity perform necessary tasks, we believe that the district clerk may collect the fee.
You have not indicated whether the commissioners court has taken any action in regard to the
domestic relations office under chapter 203 of the Family Code.
As noted in your letter, in 1995 the legislature revised the statutes governing domestic
relations offices in general and repealed a special statute that related to Bexar County. See Act of
May 19, 1995, 74th Leg., R.S., ch. 475, 1995 Tex. Gen, Laws, 3191, 3191. Chapter 203 of the
Family Code now provides that, in all counties, the commissioners court may establish a domestic
relations office.' The domestic relations office shall be administered as provided by the commis-
sioners court.2 If the commissioners court does not otherwise provide, the juvenile board will
administer the office.3
The administering entity has several important duties: it shall appoint a director," and it
may authorize the domestic relations office to assess and collect the initial operations fee.' The
director, in turn, is required to "attempt to collect all fees in an efficient manner."' Section
203.005(aX)(1) authorizes the administering entity to "authorize a domestic relations office to assess
and collect ... an initial operations fee not to exceed $15 to be paid to the domestic relations office
on the filing of a suit." We think that, if and when the administering entity authorizes the assessment
'Fam. Code 203.002.
21d 203.003(a)(X1).
d 203.003(a)(2).
41d 203.003(b).
51d. 203.005(aX1).'d. 203.005(c).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-044, text, April 24, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277227/m1/1/?q=%221997~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.