THEATTORNEYGENERAL 

OF TEXAS 

AUSTIN 1s. T-s 

WILL WILSON 

ATlPORNRY ‘3RNRllAL 

July 7, 1960 

Mr. N. F. Foster 

County Auditor 

Smith County 

Tyler, Texas 

Dear Mr. Foster: 

Opinion No. W-874 

Re: Whether the County Audltor of Smith County can 

approve for payment a 

claim by a court reporter for a transcript of a 

tape recording under facts 

submitted. 

You have requested an opinion from this office 

as to whether 

the amount of $ 

ou can approve for payment a claim in 

5.25 submitted by the Court Reporter of 

the Court of Domestic Relations in Smith County, for 

the transcript of a tape recording which the Criminal 

District Attorney of Smith County authorized her to 

transcribe. You state further that this was a transcription of a radio broadcast by the owner and operator 

of the Starlight Club whose club was involved in a raid 

by all departments of the law enforcement of Smith County during the month of March, 1960, and that two criminal 

cases were filed as a result of such raid. 

Article 2324, Vernon's Civil Statutes, sets forth 

the duties of a court reporter for which the reporter is 

compensated by the State. These duties evidence only services which are Incident to the trial of a case in the 

court which the reporter Is appointed to serve. However, 

a court reporter may contract with other individuals for 

the performance of stenographic services which are not a 

part of his official duties. Attorney General Opinions 

Nos. O-4575, 0-4575h, v-538 and V-976. In our opinion, 

under the facts that you have described the court reporter is not prohibited from making a charge for work done in 

transcribing the tape of a radio broadcast. 

Accepting the fact that a court reporter can contract with other individuals for the performance of stenographic duties outside of those assigned by the court or 

by statute, it must be determined whether the Criminal 

District Attorney of Smith County has the authority to 

order the transcribing by the court reporter of this radio 

tape. Under Article 3899, Section (b), Vernon's Civil 
Mr. N. F. Foster, Page 2 (wW-874) 

Statutes, a Criminal District Attorney Is authorized to 

charge to his county all reasonable expenses necessary 

in the proper and legal conduct of his office: 

"Each officer named In this Act, 

where he receives a salary as compensation for his services, shall be entitled and permitted to purchase or 

charge to his county all reasonable 

expenses necessary in the proper tnd 

legal conduct of his office . . . 

According to the letter to you by the Criminal 

District Attorney, he thought that the transcript In 

question would be of material aid to his office in preparing for the trial of criminal cases. Under those 

circumstances, It is our opinion that the work in question was such that would authorize the District Attorney 

to charge It to the County. 

SUMMARY 

A court reporter, upon authorization by 

the proper official, may make a claim 

against the county for compensation for 

stenographic duties performed for the 

Criminal District Attorney outside of 

those duties prescribed by the court or 

by statute. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JCS:mm 

APPROVED: 

OPINION COMMI'M'EE 

C. K. Richards, Chairman 

Mary K. Wall 

Marietta Payne 

Fred Werkenthln 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore