### ,’

,--

.- 

## THE 

# A

AUSTIN. TEX+S
December 15, 1949
Hon. Allan Shivers Opinion No. V-969. Governor ofTexas Austin, Texas Re: The authority ofthe Governor toapprove payment Attention: Hon. William L. McGill ofthe travel expenses of officers who returned a fugitive from another State under an application which designated adifferent per- son as the Governor’s agent. Dear Governor Shivers:

Your request for an opinion reads in part:

‘“Axropinion ofyour office is desired as towhethr~ er the Governor can approve payment ofexpenses of officers in returning fugitives from the State ofIndiana, under the following set offacts: “On October 7, 1949, Governor Shivers issued an application to the Governor ofIndiana for return of George Satterfield. charged with theft in Harris County, Texas; Edd White was named as Agent to **return the**  fugitive to Texas. “On November 14, 1949, Sheriff C. V. Buster Kern forwarded toMr. Ben Ramsey, Secretary ofState, expense account for Robert R, Fields, Deputy Sheriff, Houston, Texas, for returning George Satterfield to Harris County. This expense account also included expanses incurred by a second unnamed officer. “Can the State pay expenses ofan officer, acting in the place ofanAgent named by the Governor to return afugitive to the State, when such Agent was unable tomake the trip? “Can the expenses ofthe second officer be approved when only oneAgent was named by the Governor?”Hon. Allan Shivers, Page 2 (V-969)

The answer toyour question is found inArticle 1005 and Section 1ofArticle 1006 ofVernon’s Code of Criminal Procedure, which are as follows:

Article 1005. “When the Governor deems it proper todemand a person who has committed an offense in this State and has fled to another State or territory, he may commission any suitable person to take such requisition. The accused, ifbrought back to the State, shall be delivered upto the sheriff of the county

. inwhich it is alleged he has committed the offense.”

.‘:, Article ,1006. “Section 1. The officer or person so’commissioned shall receive as compensation the actual and:necessary traveling expenses upon requisition ofthe Governor to be allowed bv such Governor and tobe paid out of.the State Treasury upon a certificate ofthe Governor reciting the services rendered and the allowance therefor.” (Emphasis added.) Section.1 ofArticle 1006, supra, is the sta,tute, and the only one, which authorizes the person commissioned by the Governor tobe paid his actual and necessary traveling expenses. The **statute** is plain and unambiguous and leaves no room for construction so as toinclude a person not commissioned. Any other,person executing the commission does so without legal authority, and without legal authority he may not be paid his expenses from public funds.

Ifthe person towhom the commission is issued by the Governor is unable or unwilling toexecute it, he should return it to the Governor’s; office to the end that the Governor may commission some other suitable person. Clearly if the person towhom the commission was originally issued is unable or unwilling to execute it, he has noauthority to delegate to another the authority conferred upon him.. Ittherefore follows that your questions must be answered in the negative; Inbrief, only the person to~whom the Governor issues his commission may legally executes it and be reimbursed for his actual traveling expenses in connection therewith.

When the Governor issues a requisition demanding a parson who has~committed an offense in this State and has fled toanother State or ,territory; the actual and necessary traveling expenses incurred intakingHon. Allen Shivers, Page 3 (V-969)

the requisition to the asylum State may only be paid to the person commissioned by thL Governor. Any other person performing the servicd may not be paid his traveling expenses from th(cState Treasury. Articles 1005 and 1006, V.C.C.P. Very truly **your6** A?tiRNEY GENERAL OF T&X4.9

**BY icEi+** 

**. .**  Assistant LPL/mwb

:- APPROVED
CF ?U FIRST ASSISTANT ATTORNEY GENERAL