§ 8.02.Fee Paid by Opposing Party

The other half of the chapter, and it converts the exemption into a shifted cost.

If the state prevails in a lawsuit, the opposing party shall pay the entire amount of any filing fee attributable to the state, including any amount exempted under Section 8.01.

"Including any amount exempted" is the phrase doing the work. The fee the state never paid is still recovered, from the losing party.

That is unusual as a matter of cost-shifting. Ordinarily a party recovers costs it incurred; here the recovery covers an amount that was never spent.

The design is coherent once both sections are read. The state is spared the circular payment at filing, and the fee is collected at the end from whoever lost — so the exemption saves an accounting step rather than the money.

The obligation is conditional on outcome. Where the state does not prevail, nothing is owed under this section and the exempted fee stays unpaid.

"Shall pay" leaves the court no discretion, which distinguishes this from the ordinary award of costs.

The amount involved is modest, and the provision’s significance is structural rather than financial — it explains why a fee exemption in favour of the state is not a subsidy of the litigation.

Note the scope: "any filing fee attributable to the state". That is wider than the single fee the exemption section names, so the shifting provision can reach fees the exemption did not.