Opinion No.

Honorable Mike Driscoll Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002

Re: Whether a county clerk must collect $5.00 in court costs in probate matters under article 1630d, V.T.C.S.

Dear Mr. Driscoll:

You have asked whether probate proceedings are civil suits within the meaning of section 3 of article 1630d, V.T.C.S. Article 1630d, V.T.C.S., provides in part as follows:

Sec. 2. The commissioners court, by order, shall establish 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…