,-
December 9, 1949
Ron. Clyde Fillmore Opinion no. v-959.
District Attorney
Wichita Falls,~Texas Rer Authority to pay a court
reporter from another dis-
trict traveling expenses
to Wichita County to per-
form duties of court re-
Dear Mr. Fillmore: porter there.
Your request for an opinion is substantially
as follows:
Judge Floyd Jones of Breckenrldgeheld
a term of court for Judge Frank Ikard of the
30th Judicial Mstrict in Wichita County,
Texas. The court reporter accompaniedhim
to Wichita County inasmuch as the court re-
porter for the 30th Judicial District was in
Vernon, Texas, to report the aase of Texanua
Oil Co. v. Kathelene Kelly, et al, Bo. 9219,
by reason of the illness of the court report-
er in Vernon. Judge Jones was advised to
brLng his court reporter with him by reason
of the absence of the regular court reporter
for the 30th Judicial Mstrict.
The question presented Is whether Wichi-
ta County has the authority to pay the vlsit-
ing court reporter his actual and necessary
expenses in going to and returning from Wi-
chlta County.
Article 232&z, V.C.S., provides, in part, as
follows:
"All official shorthandreporters and
deputy official shorthandreporters of the
Mstrict Courts of the State of Texas com-
posed of more than one county, when engaged
_- in the discharge of their official duties
in any county in this State other than the
county of their residence shall, in addLtlon
to the compensationnow provided by law for
Hon. Clyde Fillmore, page 2 (V-959)
their services,be allowed their actual and
necessary expenses while actually engaged in
the discharge of such duties, not to exceed
the sum of Four Dollars per day for hotel
bills, and not to exceed four cents a mile
when traveling by railroad or bus lines, and
not to exceed ten cents a mile when travel-
ing by private conveyance in going to and
4. returning from the place where such duties
are discharged,traveling the nearest prac-
tical route. . .
%here the official or deputy official
shorthandreporter does not reside in the
Judicial District for which he or she is ap-
pointed, he or she shall only be entitled to
traveling expenses from the time he or she
reaches the County Dine of any county in the
Judicial District. Provided, however, that
whenever any official or deputy official
shorthand reporter is called upon to report
the prooeedings of any special term of Court,
or on account of the sickness of any official
shorthandreporter of any Judicial District,
necessitatin th 1 tf h th d
reporter fro: sotee%h%?%nEy ti&E t2
State, then the shorthand reporter so employ-
ed shall receive and be paid all actual and
necessary expenses in going to and returning
from the place where he or she may be called
on to report the proceed%s of any Regular
or Special terms of Court. (Emphasisadded)
In determiningthe question presented, it be-
comes necessary to construe the last portion of Article
2326a relating to the sickness of any official shorthand
reporter of any Judicial District. Your fact situation
reflects that the regularly appointed court reporter of
the 30th Judicial District was reporting a case in veer-
non, Texas, where he was substitutingon account of the
illness of the court reporter in that district, thereby
necessitatingthe employment of a shorthandreporter
from some other county within the State to substitute
for the court reporter of the 30th Judicial District.
The constructionplaced upon this portion of the statute
by this office is that the language is sufficientin
scope to authorize the payment of all actual and neoes-
sary expenses to the court reporter accompanyingJudge
Jones-in going to and returning from Wichita County.
Hon. Clyde Fillmore, page 3 (V-959)
SUMMARY
A court reporter who substitutesfor a
court reporter of another district who is ab-
'sent by reason of the Illness of a third
court reporter in another judicial district
would be entitled to his or her actual and
neoessary expenses in going to and returning
from the place where he or she would be call-
ed upon to report such proceedtigspursuant
to Article 2326a; V.C.S.
Yours very truly,
ATTORRRY QERERAL OF TEXAS
By titi
Bumell Waldrep
BW:bh Assistant
APPROVED
$L.JkLd
ATTORWEY OERERAL