Honorable T. J. Crowe, M. D. Opinion No. 0-42z? 

Secretary Re: Fees to witnesses for atTexas State Board of Medical Examiners tending misdemeanor cases 

Dallas,Texas under the facts set Portb 

Dear Sir: 

Your letter of Bovember 19, 1941, requesting the opinion of 

this department on the questions stated therein reads in part as follows: 

"I am writing you to ascertain just how far the State Board 

of Medical Examiners may go in payment of witness fees for attending misdemeanor 'cases. 

"You of course know that we can not force the attendance of 

a witness who is out of the county in which the trial is being 

held. You are also aware that the State does not allow witness 

fees in misdemeanor cases. In many cases in order to get a conviction it is necessary to bring witnesses from other counties 

and sometimes from long distances in order to get satisfactory 

evidence before the court to secure conviction. 

"You are aware of course that the State Board deposits with 

the State Treasury a special fund known as the Annual Registration 

Fund for the purpose of prosecuting violations of the Medical Practice Act. It is said in the Registration Act that the Board may 

spend such moneys as are available in the State Treasury in the 

Special Registration Fund which as you know is collected from the 

doctors of the State and deposited to the credit of the Secretary 

of the Department of the Board for the prosecutions. 

"It is further stated in the Act that such funds may be spent 

for the purpose of prosecuting violations of the Act up to the 

point of depletion of said fund but that no burden shall be placed 

upon the State or General Fund of the State for such prosecutions. 

"What I desire to know particularly Is just how far we are 

authorized to go in the payment of witness fees for attendants 

as witnesses on our cases. In other words, are we authorized to 

pay railroad fare, hotel bills 'and compensate them for the revenues 

lost by absence from their regular occupation? 
Honorable T. J. Crowe, M. D., page 2 (o-4222) 

"Ina recent case witness fees along the lines mentioned 

amounted to anywhere from $20 to $40 per witness. These fees have 

been allowed by the Comptroller out of the contingent provisions 

of our budget. We have our budget divided into quarters of the 

year and so much money is allowed for each quarter. We are not 

authorized to overdraw for said quarter without a transfer through 

the Comptroller's department for funds with which to pay such expenses." 

Article kk@a, Vernon's Annotated Civil Statutes, reads in 

part as follows: 

"Sec. 1. It shall be the duty of all persons now lawfully 

qualified and engaged in the practice of medicine in this State 

as defined in Article 4510, Revised Statutes of 1925, or who shall 

hereafter be licensed for such practice by the Texas State Board 

of Medical Examiners, to be registered as such practitioners with 

the Texas State Board of Medical Examiners on or before the 1st 

day of January, A. D. 1932, and thereafter to register in like 

manner annually, on or before the 1st day of January of each succeeding~ year. Each person so registering with the Texas State 

Board of Medical Examiners shall pay, in connection with each annual registration and for the receipt hereinafter provided for, 

a fee of Two ($2.00) Dollars, which fee shall accompany the application of every such person for such registration. Such payment 

shall be made to the Texas State Board of Medical Examiners. Every 

person so registering shall file with the Texas State Board of 

Medical Examiners a written application for annual registration, 

setting forth his full name, his age, his Post Office address, 

his place of residence, the county or counties in which his certificate entitling him to practice medicine has been registered, 

and the place or ~places where he is engaged in the practice of 

medicine, as well as the school of medicine to which he professes 

to belong and the number and date of his license certificate. 

“Sec. 3. All annual registration fees collected by the Texas 

State Board of Medical Examiners under this Act shall he placed in 

the State Treasury, to the credit of a special fund to be known 

as the 'Medical Registration Fund,' and all of the current revenues 

,to'be derived,and placed to the credit of said fund during the 

two years ending August 31, 1933, are hereby appropriated and shall 

be,used by the Texas State Board of Medical Examiners, and under 

its direction, in the enforcement of the laws of this State prohibiting the unlawful practice of medicine, and in the dissemination of information to prevent the violation of such laws and to 

aid in the prosecution of those who violate such laws. The Texas 

State Board of Medical Examiners shall be authorized to employ 
Honorable T. J. Crowe, M. D., page 3 (O-4222) 

~and~~to.~c&pe~ate fnom~such:;special fund employees and such other 

-persons as may be found necessary to assist the local prosecuting 

officers of any county in the enforcement of all the laws of the 

State prohibiting the unlawful practice of medicine, and to carry 

out the other purposes for which said fund is hereby appropriated. 

Provided that all such prosecutions shall be subject to the direction and control of the regularly and duly constituted prosecuting officers, and nothing in this Act shall be construed as de,priving them of any authority vested in them by law. 

"In performing the duties devolved by this Act upon the Board. 

of Medical Examiners, said Board shall act through the Secretary--LoTreasurer of the Board of Medical Examiners. The Secretary-Treasurer shall receive a salary to be fixed by the Legislature in its 

General Appropriation Bill for the performance of such duties under 

this Act, and shall make and file a surety bond in favor of the 

Texas State Board of Medical Examiners in the sum of not less than 

TeqThousand ($lO,OOO.OO) Dollars, conditioned that he will faithfully discharge the duties of his office. Such salary shall be 

paid out of said 'Medical Registration Fund' and shall not be, 

in any way, a charge upon the general revenue of ,the State. The 

Texas State Board of Medical Examiners shall employ and.provide 

such clerks and employees as may be necessary to assist-the Secretary-Treasurer in performing his duties and in carrying out the 

purpose of this Act; provided, that the compensation of all parsons authorized to be employed under this chapter, shall be paid 

only out of said 'Medical Registration Fund'. All disbursements 

from said fund shall be made only upon written approval'of the 

President and Secretary-Treasurer of the State Board of Medical 

Examiners and upon warrants drawn by the Comptroller to be paid 

out of said fund." 

We quote from Senate Bill Ho. 423, Acts of the 47th Legislature, 1941, Regular Session (which is the general appropriation bill 

for the executive and administrative departments of the State government), as follows: 

"TEXAS STATE BOARD OF MEDICAL -S 

"SALARIES: 

1. Secretary-treasurer $ 31300.00 

;: 

Secretary 1,200.OO 

Investigator 2,100.oo 

4. Investigator 2,100.00 

5. Traveling expenses, secretary and two Investigators 3mO.00 

6. Bonds for employees loo.w 

7. Seasonal labor 300.00 

TOPAL - Salaries $12,700.00 

$ 3,300.w 

1,200.w 

2,100.OO 

2,100.00 

3,600.oO 

100.00 

3OO.QO 

$l2,700.00 
. _ 

Honorable T. J. Crowe, M. D., page 4 (O-4222) 

_ MAINTENANCE AND MISCELLANEOUS 

8. Rent, Directory, Printing, 

Stationery, Telephone, 

Telegraph, Typewriters, 

Filing Cabinets, Addressograph, Dictaphone, Supplies, Mimeograph Supplies, 

etc. $ 2,550.OO $ 2,550.O 

TOTAL - Maintenance and 

Miscellaneous $ 2,550.OO $ 2,550.OO 

GRAND TOTAL - Texas State 

Board of Medical Examiners $15,250.00 $15,250.00" 

This appropriation is for the years ending August 31, 1942, 

and August 31, 1943, respectively. 

It is our opinion that the Texas State Board of MedicalExaminers can legally make expenditures from and out of the "MedicalRegistration Fund" as is provided by the above mentioned appropriation 

bill. There is no appropriation made for the payment of witnesses or 

other expenditures mentioned in your letter by the Legislature. Therefore, it is our opinion that the Texas State Medical Board is not authorized to pay witness fees, railroad fares, hotel bills, or compensation to witnesses for the revenues lost by absence from the!.r regular 

occupation or business. 

We are enclosing herewith a copy of our opinion No. 0-3633 

with reference to the right of the State or a defendant to subpoena 

and attach out of county witnesses in a misdemeanor case. 

are 

Trusting that the foregoing fully answers your inquiry, we 

APPROVED DEC 3, 1941 Yours very truly 

/s/Grover Sellers ATTORNEY GENERAL OFTEXAS 

FIRST ASSISTANT 

ATTORNEY GZNERAL 

AW:GG:IM 

ENCLOSURE 

APPROVED 

OPINION 

COMMITrEE 

BY /s/ BWB 

CHAIRMAN 

By /s/ Ardell Williams 

Ardell Williams 

Assistant