March 15, 1939
Honorable ci. Lee O’Daniel
Governor of Texas
Austin, Texas
Dear Governor:
opinion No. o-447
Re: Reward offerred by Governor
be are in receipt of your letter of March 9, 1939,
in which you request an opinion on the question of whether
rewards oiferred by a former Governor, whioh have not been
revoked, terminate when the new Governor takes office.
Article 1007, Code of Criminal Procedure of Texas, pro-
vices that the Governor may offer a reward for the apprehension
of one aocused of a felony in this State who Is evading arrest.
In Karling v. Morris, 91 Tax. 584, 9 5. W. 739, and in
Lauve v. Balfour, 1st White & Wilson Civ. Cases, para. 726, our
oourts held that an offer of a reward continued valid and bind-
ing until same was revoked. A reward may expire by its own
terms, or the Governor may revoke same at any time he desires,
prior to the time the party ror whose arrest the reward is oi-
ferred has been apprehended, or at least located.
Sinae the Governor’s office is a constitutional one,
and is never vacant, the reward offerred by the Governor is made
by him in his official capacity; and a reward offerred by one
Qovernor would, and does, oontinue in full force and effect
until the sating Governor revokes same, unless there is a tims
limit, or some other oondition oontained in the original rewrrd
as offerred. The faot that the person holding the office of Gov-.
ernor ohanges does not in any way arfect the offer of the reward
as made by the Governor.
Yours very truly
ATTORNEYGENERALOF TEXAS
(Signed)
BY
George W. Barcue
Assistant
GWB:PBP
RPPROTED:
ATTORIWYGENERALOF !&i&U (Signed Gerald C. Mann)