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THE A
AUSTIN. TEX+S
December 15, 1949
Hon. Allan Shivers Opinion No. V-969.
Governor of Texas
Austin, Texas Re: The authority of the Gov-
ernor to approve payment
Attention: Hon. William L. McGill of the travel expenses of
officers who returned a
fugitive from another State
under an application which
designated a different per -
son as the Governor’s agent.
Dear Governor Shivers:
Your request for an opinion reads in part:
‘“Axropinion of your office is desired as to whethr~
er the Governor can approve payment of expenses of
officers in returning fugitives from the State of Indiana,
under the following set of facts:
“On October 7, 1949, Governor Shivers issued
an application to the Governor of Indiana for return of
George Satterfield. charged with theft in Harris Coun-
ty, Texas; Edd White was named as Agent to return the
fugitive to Texas.
“On November 14, 1949, Sheriff C. V. Buster
Kern forwarded to Mr. Ben Ramsey, Secretary of State,
expense account for Robert R, Fields, Deputy Sheriff,
Houston, Texas, for returning George Satterfield to
Harris County. This expense account also included ex-
panses incurred by a second unnamed officer.
“Can the State pay expenses of an officer, acting
in the place of an Agent named by the Governor to re-
turn a fugitive to the State, when such Agent was unable
to make the trip?
“Can the expenses of the second officer be ap-
proved when only one Agent was named by the Gover-
.-
nor?”
Hon. Allan Shivers, Page 2 (V-969)
The answer to your question is found in Article 1005
and Section 1 of Article 1006 of Vernon’s Code of Criminal Proce-
dure, which are as follows:
Article 1005. “When the Governor deems it
proper to demand a person who has committed an of-
fense in this State and has fled to another State or ter-
ritory, he may commission any suitable person to take
such requisition. The accused, if brought back to the
State, shall be delivered up to the sheriff of the county
.
inwhich it is alleged he has committed the offense.”
.‘:, Article ,1006. “Section 1. The officer or person
so’commissioned shall receive as compensation the
actual and:necessary traveling expenses upon requisi-
tion of the Governor to be allowed bv such Governor
and to be paid out of. the State Treasury upon a certif-
icate of the Governor reciting the services rendered
and the allowance therefor.” (Emphasis added.)
Section.1 of Article 1006, supra, is the sta,tute, and the
only one, which authorizes the person commissioned by the Gover-
nor to be paid his actual and necessary traveling expenses. The
statute is plain and unambiguous and leaves no room for construc-
tion so as to include a person not commissioned. Any other,person
executing the commission does so without legal authority, and with-
out legal authority he may not be paid his expenses from public funds.
If the person to whom the commission is issued by the
Governor is unable or unwilling to execute it, he should return it to
the Governor’s; office to the end that the Governor may commission
some other suitable person. Clearly if the person to whom the com-
mission was originally issued is unable or unwilling to execute it,
he has no authority to delegate to another the authority conferred
upon him..
It therefore follows that your questions must be answered
in the negative; In brief, only the person to~whom the Governor is-
sues his commission may legally executes it and be reimbursed for
his actual traveling expenses in connection therewith.
When the Governor issues a requisition demand-
ing a parson who has~committed an offense in this State
and has fled to another State or ,territory; the actual
and necessary traveling expenses incurred in taking
Hon. Allen Shivers, Page 3 (V-969)
the requisition to the asylum State may only be paid to
the person commissioned by thL Governor. Any other
person performing the servicd may not be paid his
traveling expenses from th(c State Treasury. Articles
1005 and 1006, V.C.C.P.
Very truly your6
A?tiRNEY GENERAL OF T&X4.9
BY
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Assistant
LPL/mwb
APPROVED
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:- FIRST ASSISTANT
ATTORNEY GENERAL