Aquat 5, 1949
Hono Allen wverr OpiniQU10~ v-875
Qovernw’ of Texas
Capitol Building Re: Authority of the Qewernor
Austin, Texas to approve twe aoosunts
of a sheriff, acting as an
Attention: Mr. Ransom agent of the State, for ao-
tual and a~o6sarg travel-
ing wipsnras lnmuwd br
him on two trips to rrtuxn
tha same f&tire to Texas,
Dser Qovomor:
Refwenoe is ude to your rrquast for an op@ion,
which reads :
“Plea88 advise the undersign& 08 the
following facts: The Sheriff of Yllls
Coun$~ went te Callformriaafter a fugitlvm
and returned him to Goldthwalte. The prls-
oner escaped from the Qoldthwalte jail and
returned to California. The Sheriff, under
a’seoend set of extradition papers, has
q a lng o nolftrr hire Should both lpensm
l~coumts of the agent ma rharlrf Iso paid
bf this offioe under the Statute osveriaq
tha payment by the Strto for the roturirn of
iuJltivos under a writ by tha Uove~ner?*
Ue are advised that the Shwifi *i‘Mills CrpItJI
aoting as agent of the state, has rharnod the fugitive
to Texas and lodged him in jail*
Article 1005 and Section 1 of Article 1006, Vor-
n@n~s cod4 ef Crimlmal Procedure, read as fellewsr
AI%. 1006:
%hon the Govwnordeems it proper to
demand a person who has commltted an offense
in this State and has fled to another Stat.
or territory, he may commission any suitable
porsolato take such raquisltlon, The ao-
ousod, If brought back to the State, shall bo
delivered up to the sheriff of the county in
.,
Bon. Allan Shivers - Page 2 (V-873 )
which it is alleged he has committed the
offense."
Art. 1006, Sec. 1:
"The officer or person 80 commission-
ed shall receive as compensation the ac-
tual and necessary traveling expenses upon
requisition of the Governor to be allowed
by such Governor and to be paid out of the
Statr Treasury upon a certificate of the
Governor reciting the services rendered and
the allowance therefor,"
The Governor not only has the authority to ap-
prove the account of the agent of the State, Sheriff of
Mills County, for the actual and necessary traveling ex-
penses incurred by him on his first trip to California,
but it is his duty to do so, Insofar as he may find it to
be correct. Opinion No. V-520,
A sheriff or other peace officer of this State
has no jurisdiction beyond the boundary of Texas. When a
sheriff has been commissioned by the Ifovemor, under the
provisions of Article 1005, to go to another state and re-
turn a fugitive from justice to this State, hs acts as an
agent of the State - not in his official capacity aa sher-
iff - and travels both within and without the State in
that capacity. Opinion No. V-525.
It was the duty 0r the Sheriff of ldillsc0unty
to retake the prisoner after he escaped from jail, if ho
could, anywhere within this State, the limit of his juris-
diction. Opinion No. o-3010, But had neither the au-
$o;,i;Isnor the duty of retaking him beyond the boundary
D Therefore, if the fugitive were to be returned
to Texas from California where he was captured, it would
be necessary for the Governor , upon proper request being
made to him, to commission some suitable person or officer
an agent of the State to return him, The Governor 80 com-
missioned the Sheriff of Mills County,.who performed his
duties as such agent, returned the fugitive to Texas and
lodded him in jail.
Therefore, under the plain provision8 of Section
1 of Article 1006, he, as such agent - not as sheriff - is
entitled to be paid by the State such actual and necessary
traveling expenses incurred by him in the performance of
his duty ae such agent.
Hon. Allan Shivers - Page 3 (v-w3 )
Where a Shariif, comlrrloned by th8
Governor an agent of the State, return8 a
fugitive to hi8 jail from whioh he l 8-
oaper and flee8 from the State and the Gov-
ernor again corrlsslons the Sheriff to re-
turn the fugitive, whloh he does, the Gov-
ernor may approve hi8 acoount8 for aotual
and neoerrary traveling lxpen8e8 lnourred
in making eaoh trip. Art0 1005 and Seq. 1
of Art. 1006, V.C.C.P.; A.0, Opinion8 mium-
bered V-520, V-SM, and o-3010.
Your8 very truly
ATTORNEY GENERAL OF TEKAS
..kM-w
BY
Bruoe W. Bryant
BWB:amm:nb A88irtant