Untitled Texas Attorney General Opinion

Honorable Don Hall Opinion No. C-399 Criminal District Attorney McLennan County Courthouse Re: Whether McLennan County Waco, Texas Is entitled to collect from the State of Texas under Article 486a, V.C.C.P., the mileage and per diem of certain out-of-statewitnesses for the travel and daya spent in attendanceunder the stated facts Dear Hr. Hall: in Cauae No. 15499, State v. Davis. By letter you have requested an opinion regarding the above question. Prom your letter, it appears that three wlt- nesses were subpoenaedfrom without the State of Texas to testl- fy for the State In the above felony prosecution. These wit- nesses were paid 104 per mile for each mile traveled to and from Court and $5.00 for each day required in such travel and In at- tendance upon the Court. The laeue presented is whether the Comptrollerof Public Accounts Is to reimburee McLennan County on the basis of lO# per mile and $5.00 per day a8 set forth In Article 486a, Vernon's Code of Criminal Procedure, or whether such payment is to'be made under Article 1036, Vernon's Code of Criminal Procedure, limiting such fees to 3# per mile and $2.00 per day. Article 486a, above, Is entitled "Uniform Act to Se- cure the Attendanceof Witnesses Prom Without the State in Cri- minal Procedures". This act was passed in 1951 by the 52nd Legislature,page 798,'dhapter441, and ia plain and unambiguous in Its meaning. If an appropriationhas been provided by the Legislature for payment hereunder, the witnesses shall be paid by the Comptrolleron the basis of 104 per mile and $5.00 per day. Attorney General's Opinion V-1391 (1952). The 58th Legislature,Regular Session, by Acts 1963, Rage 1404, chapter 525, appropriatedthe sum of $2,000.00 for expense,sof witnesses in felony cases or before a grand jury summonedunder the provisions of Article 486a, C.C.P., to at- tend and testify in this State." -1882- Honorable Bon Hall, ,Pag,e 2 ~(C;,399) ., ~: ,I,,; Due to the passage of Article 486a and approprlefion thereunder as set out above the relevant portions of Attorney General's Opinions No's; O-4251, V-1391 and WW-113 are no longer in point. SUMMARY McLennan County is entitled to collect from the State of Texas under the provision of Article 486a, V.C.C.P., the sum of 104 per mile for each mile by the ordinary travel route to and from the Court where the prosecution is pending and $5.00 for each day'that they were required to travel and attend as witnesses a felony prosecution in McLennan County, having been summoned as out-of-statewitnesses to at- tend and testify in a felony prosecution. Yours very truly, WAGGONER CARR Attorney General of Texas Assistant Attorney General CBS/lb APPROVED: OPINION COMFSITTBE W. V. Geppert, Chairman Robert Norris Vlnce Taylor Malcolm Quick Frank Booth APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -1883-