AUSTENILTEXAS
PIPICE DANIEL
ATT"R_YEY CAY-SAIAL
Kay 5, 1947
Hon. Homer Garrison,Jr.,Director,
Texas Department of Public Safety,
Austin, Texas Opinion No. V-186
Re: Legality of reimbursement
or actual travel expenses
or an agent commissioned
by the Governor to return
from a foreign county a
rugitire fmm justice.
Dear Sir:
Your request for an opinion by this department
upon the above subject matter is as follows:
"On February 14, 1947, the Hon. Beauford
Jester, Governor of the State of Texas, ap-
pointed Texas Ranger R.'L. Badgett and Mr.
J, L. Jameson, Sheriff of Montague County,
Texas, as Agents of the Governor and of the
State of Texas to proceed from the State of
Texas to Santos, Brazil, S.A., for the pur-
pose of returning one Irvin (loodspeed, a fug-
itive from justice from this State who stood
charged with the offense of murder in Mon-
tague County, Texas,
"Upon receiving notification from the Gov-
ernor of Texas that R. L. Badgett, Texas Ran-
ger, a member of this Department, had been ap-
pointed as Agent for the Governor and for the
State for the purposes above enumerated, I in-
structed him to proceed in his capacity as an
Agent of the State to Santoa, Brazil, to per-
form the mission as directed by the Governor.
"We would appreciate it if you would an-
swer the following questions, as Texas Ranger
Badgett desires to present his expense ac-
count for payment to the State for reimburse-
ment of monies expended, on authority of the
Governor's Commission:
Hon. Homer Garrison, Jr., Page 2, V-186
“1. Would Texas Ranger Badget be limited
to the Five Dollar ($5.00) per diem
limitation for State employees, or
could he be reimbursed for the actual
expenses incurred even though these
expenses exceeded Five Dollars ($5.00)
per day?
n2. Due to the fact that Ranger Badgett
was in a foreign country where English
was not generally understood, it was
impossible for him to receive reeeipts
for such items as taxi fares, etc. Un-
der the circumstances, therefore, could
the State of Texas reimburse him for the
expenditures that he nade in executing
the directive of the Governor?”
Your questions cannot be answered categorical-
ly. The mat.ter is controlled by Article 1006 of the Code
of Criminal. Procedure of Texas) the pertinent portion of
which is as follows:
“Pay of agent. -- The officer or person
so commissioned shall receive as compensation
the actual and necessary traveling expenses
upon requisition of, the Governor to be allowed
by such Governor and to be paid out of the
State Treasury upon a certificate of the Gov-
ernor reciting the services rendered and the
ailowance therefor.
In Brightman vs e Sheppard, 122 Tex, 318, 59 S.
W, (2d) 112, it is said:
“Article 1006 in plain and specific terms
stipulates that ‘the officer or person so com-
missioned shall receive such compensation only
as the Governor shall allow for such service.’
The services referred to in this article are
not the limited services covered by the proviso
of the act heretofore referred to; that is,
while traveling beyond, the state line. It has
reference to the entire services of the agent
in performing the delegated task. In language
too clear to admit of doubt it is provided, that
for ‘such services’ the only compen~sation which
may be determined by the Governor,
Hon. Homer Garrison, Jr., Page 3, V-186
“The act of the codifiers of 1923 in ellmi-
natl .ng the proviso contained in the act of 1923
and substituting in lieu thereof article 1006,,
with the change heretofore referred to, when
adopted by the Legislature, manifested an unmis-
takable intention upon the pertof the lawmaking
body to require an offiaer oP other person per-
forming the services of returning a fugitive
from justice from enother state, under aommis-
sion from the governor of this state, to look
alone for compensation to the provisions of arti-
cle 1006 .‘I
ri’his Department, in Opinion No. O-4444, follow-
ing the Brightman case, said:
“We, therefore, hold that the actual and
necessary trrveling expenses of the employee of
the Department of Public Safety, if he traveled
to California under the ccauaissfon of the Gov-
ernor as the Qovernox’s agent to return to this
State such figitlve Prom justice, are to be paid
from the appropriation provided the Covernor for
returning fugitives from justiae, and upon the
certificate of the CoVernor reciting the services
rendered and the allov#anoe therefor.”
We adhere to the ruling there made in accord-
ance with the Supreme Court’s decision above quoted.
SUMWIRY
The actual and necessary travelin,? expenses
of a person commiseioaed by the Governor as agent
to return to this State a fup,itioe from justice,
are to be paid from the appropriation provided
the Covernor for returning fugitives from justice,
and upon the certificate of the Governor reciting
the services rendered and the allowance made there-
for. Art. 1006 V.C.C.P.
Yours very truly
ATTORN’EYCENERALOF TEXAS
0S:wb: jrb Assistant