. . , R-013 

TRI NEYGENERAL 

TEXAS 
Hon. Leslie D. Williams - Page 2 (V-306) 

a,s District Attorney to follow up applications for clemency for persons convicted 

of felonies in my court. This is asually done by correspondence, but such procedure is impossible in this case on account of the issues involved and the pressure in connection therewith. The Defendant in this case was a negro and great 

pressure was being applied by the Society 

for the Advancement of the Colored People 

and both the Board of Pardons and the Governor wishes to be in full possession of 

all facts in the case before passing on 

the same. I certainly would not have made 

the trips if I had not thought they were 

necessary ana in line of duty.” 

Article 6820 of the Revised Civil Statutes 

ia as follows: 

“All district judges and district 

attorneys when engaged in the discharge 

of their official duties in any county in 

this State other than the county of their 

residence, shall be allowed their actual 

and necessary expenses while actually engaged in the discharge of such duties, 

not to exceed four dollars per day ror 

hotel bills, and not to exceed four cents 

a mile when traveling by railroad, and 

not to exceed twenty cents a mile when 

traveling by private conveyance, in. going 

to and returning from the plaoe where 

such duties are disoharged, traveling by 

the nearest practical route. Suoh officers shall also receive the actual and 

necessary postage, telegraph and telephone expenses incurred by them in the actual discharge of their duties, Suoh expenses shall be paid by the State upon 

the sworn and itemized account of each 

district judge or attorney entitled thereto, showing such expenses. In districts 

containing more than one county, such expenses shall never exceed in any one year 

8100.00 for each county in t’he district; 

providea that no d~istrict judge or attorney shalL receive more than $SOO,OO in any 
-_. . 

Hoa, Leslie D. Willians - Page 3 (V-306) 

one year under the provisions of this 

article. ‘:‘he account for saic3 services 

shall be recorded in tho official minutes of the district court of tb.s county in which such judge or attorney resides, respectively, (Acts 1923,p.50)” 

Undoubtedly, this arti,@& authorizes you as I 

District Attorney to receive your actual and necessary 

expenses while actually eagaged’in the discharge of your 

official duties in aay county in the State other than 

the county of your Pesidence,., We ~eannot be specific as 

to items fop the reasoh that you state no items* 

inion No.. k&30 by this department cocstruing this ,i%!?- 

cle with respebt to the expense acoount of a Distrj$t 

Attorney, it was said: 

“In view of the foregai,Rg authorities it is the opj,nisn of this department, that the Distpiat Attortley My 

collect his aotual and neCeSSary expense 

while actually engaged in discharge of 

such duties not to exceed the amount 

prescribed by law,” 

In the light of the plain languap of the 

statute and its oofgtru, tion in the opihion above cited, 

we answer your inquiry P n the affirmative. You are eni 

titled to charge and receive your actual and necessary 

expenses while en-a;;;ed !.n ;?ischarCe of your duties in 

counties outside of your ho:le county, not to exceed, of 

course, the lim~itstions na to amounts specified in the 

statute. 

A District Atterney is entitled tP 

be paid all actual and necessary expenses 

incurred by him in the Qischarge of his 

duties in couaties outside of his home 

county not to exceed the limitation as to 

amounts contained in the statute, Art* 

6820, Rev, Civ, Stati 

Yours very tfuly, 

ATTQRNEY GEmRAL OF TEXAS 

ATTORNEY Gl@ItRAL 

OS:wb