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THE A 

AUSTIN. TEX+S 

December 15, 1949 

Hon. Allan Shivers Opinion No. V-969. 

Governor of Texas 

Austin, Texas Re: The authority of the Governor to approve payment 

Attention: Hon. William L. McGill of the travel expenses of 

officers who returned a 

fugitive from another State 

under an application which 

designated a different per - 

son as the Governor’s agent. 

Dear Governor Shivers: 

Your request for an opinion reads in part: 

‘“Axropinion of your office is desired as to whethr~ 

er the Governor can approve payment of expenses of 

officers in returning fugitives from the State of Indiana, 

under the following set of facts: 

“On October 7, 1949, Governor Shivers issued 

an application to the Governor of Indiana 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 to Mr. Ben Ramsey, Secretary of State, 

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 of an officer, acting 

in the place of an Agent named by the Governor to return a fugitive to the State, when such Agent was unable 

to make the trip? 

“Can the expenses of the second officer be approved when only one Agent was named by the Governor?” 
Hon. Allan Shivers, Page 2 (V-969) 

The answer to your question is found in Article 1005 

and Section 1 of Article 1006 of Vernon’s Code of Criminal Procedure, which are as follows: 

Article 1005. “When the Governor deems it 

proper to demand 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, if brought back to the 

State, shall be delivered up to 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 of the Governor to be allowed bv such Governor 

and to be paid out of. the State Treasury upon a certificate of the Governor reciting the services rendered 

and the allowance therefor.” (Emphasis added.) 

Section.1 of Article 1006, supra, is the sta,tute, and the 

only one, which authorizes the person commissioned by the Governor to be paid his actual and necessary traveling expenses. The 

statute is plain and unambiguous and leaves no room for construction so as to include 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. 

If the person to whom the commission is issued by the 

Governor is unable or unwilling to execute 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 to whom the commission was originally issued is unable or unwilling to execute it, 

he has no authority to delegate to another the authority conferred 

upon him.. 

It therefore follows that your questions must be answered 

in the negative; In brief, 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 to another State or ,territory; the actual 

and necessary traveling expenses incurred in taking 
Hon. 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(c State Treasury. Articles 

1005 and 1006, V.C.C.P. 

Very truly your6 

A?tiRNEY GENERAL OF T&X4.9 

BY 

icEi+ . . 

Assistant 

LPL/mwb 

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APPROVED 

CF 

?U 

FIRST ASSISTANT 

ATTORNEY GENERAL