December 3, 1947
Hon. Charles R. Martin Opinion No. V-446
County Auditor
Harrison county Re: Basis of pay of temporary
Marshall, Texas shorthand court reporter
obta~inedby reason of the
illness of the regularly
appointed official report-
er.
Dear Mr. Martin:
Your request for an opinion of this Department
as to the construction of Article 2326a~,V,C,S,, as It
rela~testo the pay of a temporary court reporter is sub-
stantially as follows:
"On October 8th, 1947, the regular
shorthand reporter became ill, necessi-
tating the Judge of the District Court
getting another shorthand reporter, and
one was secured who resides out of the
District, his residence being in Hender-
son, Texas.
"QUESTION: Would the shorthand re-
porter who resides out of this District,
be pa.idunder the first paragraph of Arti-
cle 2326, Vernon's Civil Statutes, which
provides hotel bills of $4.00 per dey a~nd
mi.lea.ge,either by rail, bus, OP priva,te
conveya,nce,a.lsoper diem, or should he be
pa.idunder the last paragraph of this same
a.rtlcle,which sta.testhat the shorthand
reporter she.11receive and be paid all
actual and necessa,ryexpenses in going to
and returning from the place where he OP
she msy be ca.lledon to report the proceed-
ings of any Regu1a.rOP Specia,lTerms of
Court?
"QUESTION: If you conclude that he
should be paid under the last paragraph of
Article 23268, tha.tis, his a.ctua,l
a~ndnec-
. ”
Hon. Charles R. Martin - Page 2 (v-446)
essary expenses in going to and returning
from the place where he or she may be oall-
ed on to report the proceedings, then is he
entitled to any per diem in addition to his
necessary and actual expenses?"
Subsequent to your request for an opinion, you
Informed this qffice that the temporary court reporter
for the 71st Judicial District is the official court re-
porter for the 4th Judicial District:
Article 2326a, V.C.S., provides in part as fol-
lows:
"All official shorthand reporters and
deputy offlcisl shorthand reporters of the
District Courts of the State of Texas com-
posed of more than one county, When engaged
in the diSCharg8 Of their Official duties
in any county in this Stat8 other than the
county of their residence shall, in addl-
tion to the compensation now provided by
law for their services, be allowed their
actual and necessary expenses While aCtU-
ally engaged in the discharge of such du-
ties, not to exceed the SIJII!
of Four Dollars
per day for hotel bills, and not to eXC88d
four cents a mile when traveling by rail-
road or bus lines, and not to exceed ten
cents a mile when traveling by private con-
veyance in going to and returning from the
place where such duties are discharged,
traveling the nearest practical route. . .
"Whenever a special term of any Dis-
trict Court in this State is convened and
the services of an additional official or
deputy official shorthand reporter Is re-
qtired, then thIsAct shall also apply to
said shorthand reporter so employed by the
Judge of said special term, and all expen-
ses as herein provided shall be allowed and
paid said shorthand reporter so employed
for said special term by the county wherein
said special term is convened and held, and
shall be in addition to the expenses herein
provided for the official or deputy official
shorthand reporter of the district.
Hon. Charles R. Martin - Page 3 (V-@&j;
"Rhere,the official or deputy offi-
cial~shorthand reporter does not resideln
the Judioia,l District for which he or
she is appointed, he or she shall only be
entitled to traveling expenses from the
time he or she reaches the County Line of
any county in the Judicial District. Pro-
vided, however, that whenever any official
or deputy official shorthand reporter is
called upon to report the Proceedings of
called on to report the proceedingg of any
Regular or S ecial terms of Court. (Em-
phasis a,dded
P
In determining the question of whether the
first portion of Article 2326s controls or whether the
lest portion of sa~idArticle controls, it will be nec-
essary to carefully analyze the provisions of this
Article. The first paragraph of said Act provides for
actual.and necessary expenses while actually engaged
in the discharge of such duties, not to exceed the sum
of $4.00 per day for hotel bills and not to exceed 46
per mile when traveling by railroad OP bus lines, and
not to e~xceed106 per mile when traveling by private
conveya~ncewhen going to and returning from the place
where such duties are discharged. The last peragraph
of said Act provides that if the court reporter does
not reside in the judicial district for which he OI?she
is appointed, he or she shall only be entitled to tra-
veling expenses from the time he or she reaches the
County Line, whereas if any official or deputy short-
hand reporter is called upon to report the proceedlrgs
of any special term of court on a~ccountof the sickness
of any official shorthand reporter of any judicial dis-
trict, then the shorthand reporter so employed shsll
receive a~ndbe 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 proceedings of any
regular or special terms of court. The construction
placed upon this last paragraph by this Department is
Ron. Charles R. Martin - Page 4 (v-446)
that the official court reporter from another county
would be ~entitled to~actual and necessa.ryexpenaesin
going to and returning from the place'where called~upoh
to report such prOOe8dkgS. Therefore,'it is the Opin-
ion of this Department in a~nswerto your first question,
that such reporter should be paid al~lactual end necea-
sary expenses, end in answer togyour second qUesttOn it
Is the opinion of this Departm8nt that the substitute
court reporter who Is the official court r.eporterfor
th8 4th Judicial District would notbe ,entitledto any'
per diem in addition to the actual and hseessary expen-
ses. Ii8would, Of COuFSe, continue to draw~his regular
salary from the county or counties in,which.he is regu-
lerly 8SIplOy8d.
SUMMARY
A court reporter who resides out of
the judlclel district, substituting for the
officie.1court reporter In said distrl~ctby
reeson of illnes:s,would be entitled to his
or her actual.or .neoessaryexpenses in,golng
to and returning.from the place~where he or
she may be called upon to report such pro-.
C8edingS pursuant to Article 2326e,, V.C.S.
Yours very truly
ATTORREX OERERAL OF TEXAS
-
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Assistant
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