RulesofCivilProcedure.com Civil Procedure · Every State

§ 13.002.Judgment

Title 2. Trial, Judgment, and Appeal · Subtitle A. General Provisions · Chapter 13. Affidavit of Inability to Pay Costs · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 13.002 allows judgment for costs at the conclusion of the action as in other cases, but exempts the state from liability for them.

Full Text of § 13.002

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Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of those costs.
End

Plain-English Summary

One sentence with two halves that pull in different directions.

Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of those costs.

The first half preserves ordinary practice. An affidavit of inability to pay defers costs; it does not forgive them. A party who filed on such an affidavit and loses can still have costs adjudged against them.

That is worth stating because the affidavit can create the opposite impression. A litigant who filed without paying may assume the case carries no cost exposure, and it does.

Whether the judgment is collectable is another question. A party unable to pay at filing is usually no better placed at the end, which is why the second half of the sentence matters.

The state is not liable for any of those costs.

That answers who bears the shortfall. Court reporters, clerks and process servers do work in a case filed on an affidavit, and if the losing party cannot pay, the state does not step in.

The cost falls on the officers and providers who performed the service, which is a real allocation and not a neutral one.

Read with the free transcript provision that follows, the chapter’s approach is consistent. Public expense is extended only where a judge finds it warranted, and never as an automatic consequence of an affidavit.

The section applies "as in other cases", so nothing about the ordinary rules of who bears costs is changed by the affidavit.

Frequently Asked Questions

Does an affidavit of inability to pay forgive costs?

No. Judgment may be rendered for costs at the conclusion of the action as in other cases.

Does the state cover unpaid costs?

No. The state is not liable for any of those costs.

Who bears them then?

The officers and providers who performed the services, where the losing party cannot pay.

Amendment History

  • Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source