Bon, George H. Sheppard, 

Comptroller of Public Accounts, 

Austin, Texas 

opinion No. v-354 

DearSir: 

R0: Reimbursement of travel erpsnses of a DistTiot Attorney for travel to Austin in 

connection with cases whioh 

he ,proseouted in the trial 

oourt and whioh bad been 

reverse& OA appeal4 

From your letter presenting the above'&&- 

ter ror an opinion by this department, we take the following statement of the Distriot Attorney: 

"The three trips to Austin, two of whioh 

occurred in 1945, snt¶ one in 1946, were 

made in connection with three oriminal 

oases whioh I h&proseouted in the trial 

court ana whioh WQP~ reversea by the 

Court of Grim, Appeals. The trip in 1945 

was in connection with a notion for re- . 

hearing, an8 the other two trips were for 

the purpose of discussing the reinaiotment of the defendants with the State's 

Attorney and the judges of the Court of 

Criminal Appeals; In both of these latter oases the court had indioatsd that 

the inciict5ents were defective but had 

not explaiksd in what way they were defeotive. These were irrrportant cases and I 

deemed it necessary to seoure the inform-. 

ation before reindicting the~aefendants. 

Both defendants have been'reindioted. One 

has been tried and acquitted ana the other is still pending trial," 

Artiole 6820, Revised Civll,Statutes of 

Texas, insofar as pertinent, is as follows:~ 
. . 

3Ian. George Zr: Sheppard - Page 2 (W554) 

~%I.?.1 district judge6 and district 

attorney8 when eneageed in the dksoharge 

0T the.ix of$foial duties in any county 

in this state other than the county rif 

their residenoe, shall be alLowed their 

acttin and necessary expdrnses whi3e aat,w!LLy eagag8.d in the discharge ~9 such 

a%t:e~cr 1 s ,m 

‘%?aoh distrlcxt atto.rWy &i&11 rep+ 

rese.nt, the State Ln all a&m&r& cases 

ig thz aiatri0t Ooyrte of M3 bfetrfot 

. *; f 

“The Court of Criminal Appeals 

shall appoint an attorney to represent, 

the State in all prooeeflfngs before 

said court, to be styled ‘State Proseouting Attorney, * n 

Construing these statutes this department 

advf sea you under data of Ootober 25, 1935, that: 

n such Uatrfot Attorney would not 

b; &clkitled to his milaage and expenees 

while ongaged in appearing before the 

f;;y of Criminal. Appeals as Article 

a 2wis0a civzz statutm or Tkmh3, 

5ciko)s Lit the duty of .the State Proseouting Ltkornoy to ri;present the Eltate -to 

all pGxte&&g~ before $3id oourt + 

%%e set of aaid diatrlot attorney 

in, follawina up Us cama, wtLSZe oommendable, 13 not the oPfl4aL duty o? said 

attorheg and the GomptrolLex would not. bta 

authorities to pay the same,* 

.%, :. 

‘? “I . 

iq any offioial duty when he traoeXed beyond hia WVtriot to appear before the Court of Orlm5.ml.~peal~ -fn , 

c 

. 
. ; 

..: 

Bon. Gf$or&3 ri. Sheppard - Page 3 (V-354) 

CommctioE uith 8~ SIK&.O~’ for rehearing, DOr whQ0 he 

made similar trips for the purpose of dieouasbg thr 

roindiotnoAt or the &fondants with the State* 8 Attorney and tko Judges of the Court of Crimihal Appeals. 

Xis solicitude was comondable, but .his trips iverB Ilot 

$a, in the disoharge o?, a duty imposed upon hlih by 

. a . . 

0~ Opinion No; i-306 of date July '16,'1947; 

ad&reseed to Zoa. Lsslio D. Wll.it~@, DSstrlo,t Attorney, 

Dranhazi, 'Pox?ii>, is r;ot to be CohstMled as beihg ia COP 

fliat with anything we have said in thie. opinion. Cur 

holdi&p in tlzt opitioa. merely advised the Distriot Attorney.thatf "You are entitle8 to oharge ana reoeive 

'your aotual'aml necessary expenses &ile engaged in discharm of 'Your duties in oounties outaids of Your home 

coun%yj noi to exaesd, of .pourse ; the lititatione as to 

auouhts speois?feU in the statute." We merely assumed 

the District Attorney1 s ,aonalusion that he wae on offi- 

.aial business, an8 exprdsslg state& in the opinion "We 

cannot be specifio as to items tor the reason that you 

state ho items." The opinion', howeYe,r, ie probably oapable of a construotion in cotillat wkth our' qotialusion 

in this 'opigioh, but such was not the intsntfoa: of the 

opinion in.t,he 

maae: 

light .of the puotatloos thwefron above 

.' *, : 

SiJMMAIiY 

‘A. dietriat attorney is hot enti'tle8 to 

payment, or W&burqement ior pay&e& of &is 

*travel o&Tenses from the oouatp at his z%aiden00 to AU!d?iIl i!& $OM%OtiOil With a ElOtiO!l 

for I'ehearing, or for thi3 purpo8e of &iSousdt 

.G:~ ing tkil3 Jaitter 6s rsinaiotment of+ %sfeailit6 . . .,' '* 

"'!with the Stat.e*a ,Attornay and the Judges of 

the Court of Criminal Appaals, in 08888 prosemted by him which had beeti reveza& Rev. 

:. Civ; Stat:, krt. 6820; Code C.xim, WOO., Art. 

23i Rev.. C5.v.. Stat. ;&rt. ,181la 

. 

X&&AS s34JdBNT .(. 

ATTORNEY Gl!%EBAL 

osiwq :.'.i. :~!., 

Ycyrs very truly,