Tour letter of rioelat date requW3ng aIp opirion rroa t&k dapartnmnt on the ebeh rubjeet matter ie 

6s tallour: 

*This Department requests answers to the 

iOlLQWing queet$ons . Under the provioiona of 

H. 8. 574, Chapter 300, page 472, General end 

$pe@ial Laws of the 49th Legislature and designatQd Article 199, District 107 in Vernon’s 

Annotated Texas Civil Statutes. Section 4, 

tnereof stateo, ‘After the effective date of 

this ‘Act, the Di$triot Attorney far the Criminal 

DistrSot Court for Nueces, Kleberg, Kenedy, 

WiLLecy and Cameron Counties shall serve the 

28th Judicial Dlstriot Court as designated by 

this Act, and shall theacef’orth be known as the 

lIp$r;;; Attommg for the 28th Judicial District 

, ~... t ,The btininal Diet.rict Attorney for 

the ~Count:is.s of 

end ~~rl?a 1aa 

T&l@ ~#Wt’JoO.~OB bs 

Bill fhur, ‘3. 

n&p in dirtriots I ., . 
Honorable George H. Sheppard, Page 2 

(Section We. 18, Chapter 465, Forty-fourth Legialature) . . . ..#4500.00’. For your Information we 

are now paying 52 District Attorneys at the rate 

of $4000.00 er year which will make for an expenditure of the 1 208,OOO.OO appropriated for these Dlrtrlct Attorneys for the current fiscal year, The 

District Attorney for the 28th Judicial District beginning January 1, 1947 will be District Attorney 

NO. 53. From what appropriation will tha District 

Attorney for the 28th Judicial District be paid for 

hlo services for the period January 1, 1947 to August 31, 1947, and at what rate per llonth? Is the 

balance In the $4500.00 appropriation now avallablo 

to pay the District Attorney of the 28th District? 

"The District Attorney of the 22th District, representing three counties and the District Judge of 

the 107th Dlstrlot, representing two counties will 

nonrally incur traveling expenses to be reimbursed 

them by the State under the provisions of Artlale 

6iBZO V.R.C.S. Under this Article the District Atterney and the District Judge would be entitled to 

$300,00 and $200.00, respeotively as a maximum relnbursement for any given fiscal year of the State, 

For your information the appropriation made ior the 

current fiscal year reflects a total 0r $400.00 unallocated to any District. In other words this )400 

represents a part of the )47,600.00 appropriated for 

the current fiscal year, which on S,eptember 1, 1946 

was In excess of tha amount needed to allocatn a MXlmum to each District Attorney and each Dlstr&at 

Judge by districts under the provislons of A~%lclo 

6820 V.R.C.S, with a maximum amount of $100.00 per 

county and not to exceed #600,00 for any district* 

On September 1, 1946 the Criminal District Attorney 

aad the Criminal District Judge of the Criminal District Court representing Nueces; Kleberg, Kenedy, 

Willaoy and Cameron Counties each had $500.00 allocated to their district for expenses for the current 

fiscal year. Each of these amounts of $500.00 will 

not, in all probability, be completely obligated during the last four months of 1946, at which time this 

court ceases to existb In case either, or both, ob+ 

ligate the entire $500.00 during the last four months 

of 1946, would he, or they, be entitled to any further reimbursement for the first eight months of 

1947 In their new status? Could the balance of the 

$500.00 for each respectively be w6fM for reimbursement for any expenses Incurred in their new statue 
Honorable George Ii, Sheppard, Page 3 

after January 1, 19471 Or would the District Attornsy 

be entitled to only 2/12 of #300.00 and, the District 

Judgs ontltled to b’ ly 8/12 of #200,00 provided they 

incurrdti that m&oh P or tha period January 1, 1947 to 

August 31,, 1947, inclusive? In case the latter question is answered in the affirmative, would ft bs proper to use a part of the $400.00 abovs mentioned for roilaburaqne@,t f@r thl#i eight month period for an 

ees in burred using thle limitation o,r E/12 or v 

expm9,, 300,OO 

a,nd..2 12~af $200,00, reap4ctlv41g?n 

FL B, 574, Acts of the 49th 

pago 472, reade in part as followa: 

LeRfsla ture, 1945) 

28, 103, ana 107 - - 

Wection 1. Amend Sections 

oL’ Article 199 af the Revised Civil Statutes or Texas and 

al; amondqnts thereto, so as to renumber the same and 

tharsaTter read a8 fellows: 

“‘That frem and after the first day of January, 

A. D. 1947, the2il)th Judicial DistrPdt of Texas shall 

bs oeinpoaed of the Counties of Nueaes, Kleberg, and 

Ken&w, and shall be a Court of goneral jurisdiction, 

with ‘the juriedtotlon conferred upon District Courts 

by the canatit:utlOn and laws of the State of Texas; 

and in the County of Nueoes, it shall have conourrsnt 

juriodiotlan with ths 94th and 117th Diotrfot Oourtsti. 

“‘OR the siractive date of, t,hir 

fctfon provided 

by the Constitution and Laws of the State of Texas 

for District Courts s and shall’be ~aomposed of the 

Counties of Willaeg and Cameron, and thenceforth be 

.td.q:t of Tsms ; z 

fia with th4 f03ra 

said two Countfea; 

previded that the.lO?th Bfatrht Court ahall give 

gref!,repee te sr$mlnal caa)ea phe 108rd Judicial 

isttiet CoWt w&r11 be a Court o? @enera jurfsdfcties, with the j&.imdlotion prav$du&by the Constf- 

.tutlen and Laws of the S~tate ef Tcja4, and shall contlnlse to be cempessd ,oi, the Coqnties of Willaoy and 

Camsren, but shall qive proferenot to civil oases 

and shall not s eroegt in ,oaaea of emergenoy s be re- 

,+red to mpaael Grend Jurie& 

*‘aeo, 2. All eases upon. the decalcot of the Crfm- 
Honorable George H. Sheppard, Page 4 

inal Distriot Court of Nueces, Kleberg, Kenedg, 

Willaoy and Cameron Counties, in the Oountira of 

Nueoea, Kleberg and Ksnedy, shall,, en the efieotlve date of this Act be transfsrred by the Distriot Clerks of said Counties to th4 docket of tha 

28th District Court, and the Judge of said 28th 

Distriot Court to which said oases shsll be transr 

ferred, shall thereafter have powor, autherity, 

and jurisdiction to try such oases so trsnrfarred 

to such Court, and in addition to approve all 

statements of fact, bills of exoeption, and to 

make any and all orders, decrees and jud ents 

proper and necessary in any case thorsto fi” ore tried 

by the said, Criminal District Court above named, 

within aaid Counties; provided that any suoh action or s&ions be taken within the asme timae llaits that would have governed the Judge of the Court 

from which said oauso or oauses wore tnnsferrsd. 

MtSec. 3. All oases upon ths docket of the 

Crininstl District Court of Nuecos, Kleberg, Kenedy, 

Willsoy and Cameron Counties, in the C-ties of 

Cameron and Willaoy, shall, on the offectivs date 

of this Act, be considered as on file in the 107th 

District Court, a4 herein dsnominsted, and the 

Judge of raid 107th Distriat Court, as herein denomiaited shall have power, authority, and jurisdiction to try all such casss, and in addition, 

to approve all statements of fact, bills of exception, and to make any and all orders, doorees,and 

judgments proper and necessary in any cases theretoforo tried by the raid Crimlnsl Distriat Court, 

hereinabove named, within said twe Cosntiss; provided, that any suoh action or actions be taken 

within the same time limits thst wculd hsvs governed the Judge of the Court from which ssid cause 

or oausos war4 transf4rr4da 
Honorable George H. Sheppard, Page ‘5 

l**Tha County Attorneys of Willaoy end Cameron 

Countiea shall, rcspeotivelg, rmm and aftsr the 

affective data of this Act, represent tho Stete OP. 

Texas in all matters now handled by the above mentioned D.iatrict Attorney for the above mentioned 

;fMtinel Distrlot Court within aaid respective Coun0 

“‘SBO. 5. Each term of Ceurt within the lO?th 

Jlldioial District shall begin on the firet Mondaga 

of Sanuary and July ol each year, respeatively, and 

may reatinue until the be&inning of the succeeding 

term. The Judge of the 107th Judicial District 

Court, at his disoretion, may hold aa many sessions 

of Court in any term of the Court in either County 

in hio district as may be deemed by him proper and 

erpedlent for the diapoaition of the Courtla business, and the jurors therefor may be summoned to 

appear bef’ore suoh District Court at auah times aa 

may be deoigmeted by the Judge thereof’. 

“‘940. 0. Nothing contained in this Act shell 

affect the present terms of thb 26th and IO3rd Judicial Diotrict Court8 but mid tenua shall oontiarovided by law for said .reopect&ve 

d”&%a? &nphasis added) 

The Supreme Court upholdin$ the validd.ty of the 

S.W. (ad? 395 

foregoin Act $n the case of Westervelt v. Yates, 194 

, made the following observotione: 

*The Act of the 49th Legislature provides that 

on its ePPective date the Criminal District Court 

of the five counties shall become a court of gener81 jurisdiction, both civil and orimPne1, and shall 

be oompoeed of the counties of Willacy and Cameron 

enly, known as the 107th judioial district, and shel,l 

have ooncurrent Jurisdiction with the, 105rd district 

Court within the said two countlee, dire&s the 

transfer t:, the 28th district OOUrt of all cases in 

Nueces, Kleberg and Kenedy Counties pending on the 

docket of’ the said criminal diatriot court, and the 

placing on the docket of the 107th district oourt 

of all oases in Cameron and Willaoy Counties pending on the docket of the criminal district court, 

provides that the district attorney of the criminal district oourt shall serve as district attor- 

$4~ of the 24th judipiar dietrEt, and that the 

county attorneys or Wlllscy end Eemeron Countier 
Honorable George B. Sheppard, Page 0 

shall represent the State of Texas in criminal 

oases in said respective counties, and fixes the 

number of terms and times for the beginning and 

the ending of the terms of court in each of the 

two counties composing the 107th district.” 

WQ quota the provisions in judiciary section 

of the General Appropriations Act of the 49th Legislature for the Comptroller’s Department found on pages 

956 and 957 of General and Speoial Lawo of Texas, 1945, 

pertaining to your first question: 

For the Years Ending 

August 31, August 31, 

O2, Salaries ,inoluding the 1946 1947 

$500.00 Constitutional 

allowanoe, of 52 District 

Attorneys at $4,000.00 per 

year a (As per Chapter 442, 

Acts of Second Called Session, 

(Forty-fourth Legislature). . e $208,000 $208,000 

"3. S~alrrf of Criminal Distriot 

Attoraeg in districts oom’ 

oaed af two or more oounties 

7” 944%im Wo, 18, Chapter 465, 

Forty-fourth Legislature). . . $ 4,500,OO 4,500.OO' 

It will be noted that since the effective date 

of PI. B. 574 (Janusry 1, 19471, the District Attorney 

for the Criminal District Court of Nueces, KleB,erg, Kenedy and Willaoy and Cameron counties has become the Distriat Attorney for the 28th Judicial District of Texas, 

Therefore, Iten 3 of the above quoted appropriation is 

not applioable. 

You state in your letter that you are now 

ing fifty-two (52) District Attorneys at the rate or 

pay- 

$4,000.00 per year out of Item 2 and that the District 

Attorney for the 28th Judicial District would make a 

total of firty-three (53). Since the foregoing item 

specifioallg limits the payment of salaries to fiftytwo (52) distriot Attorneys, said item is not available 

to the District Attorney for the 28th Judicial Distriat. 

Therefore, in answer to your first question, 

it is the opinion of this department that there is now 

no available appropriation for the salary of the District Attorney for the 28th Judicial District. 
Honorable Osofge B. $heppard, Page 7 

Article 6020, V.A,C.S., reado BE pollowg: 

*All district judge4 and dSetrict ettorneys 

when engagea in the discharge of their oiticial 

duties in any county in this State other than the 

county of their resid,enue, shall be allowed their 

actual end necessary axpenses while aotually engaged in the dhechar@ ot a.nc.h ,dutiee, nat to ,4xeeed four dollars per duy for hotel bills, and not 

to exceed iour cents a :mile when traveling by railroad, and not to exceed twenty cents a mile when 

travelbg .by private ,oonveyaaoe, in going to and returning irom the plaoe where suah duties are die- 

@barged, traveling by the nearest pr,aotical route. 

Such offic.ers s.hall also receive the actual and 

neoeasarJr postage, telegraph and telephone expenses incurred by them in the actual discharge of 

their duties. Such expenses shell be paid by the 

atat~e upon the sworn and ites&ed account of each 

d,ist.ri,ot judge or attorney entitled thereto, showing such expenses. In distriot,s containing more 

than one county, suoh expensea shall never exceed 

in any one year $100.00 for each county in the district; provided that no district judge or attarneg 

shell receive inore than &300.00 in any one gaar ander the provfeipnr of this article. The aooount 

$0~ osid oervioes ahall be recorded in the olfiaial 

m&nu&es of the ,dietrict court of the co,unty in whioh 

rWk ju&g4 or attorney resides, respeativaly." 

8in,ca the 28th J.udioial District is now aompo44d 

of ‘three oountfss and the 107th Judicial District Is now 

compqs:eA of two oountiee the Distriot Attorney for ths 

28th Judififal Distz%at wiill be entitled by vfr$us sf bhe 

provis.$p& or A~IWda 68,2O to his ectual and nsoeesarg 

expanrcbe not to axoeed )300.00 in any on4 ysar. The DistriO$ Oudge of the 107th Judioiel Dirtriot will be entltZb4 i$4 l&9 aotual ad mo44razy e*peareo not tb ,wcead 

t 

,jjQQ~,O@ 

of Ar i;eJ,6 

in aay an4 ysur by virtue or the prorlricnr 

0820. 

Item 5 of the fudfoiary Section for the Corn trol14rp"a Departnstit coataim the following approp&%t P on.: 

For the Years Bndipgl 

“5. Di,strict Judges and District August 31, Augf;~,31, 

Attorneya’ expense8 in Dist- 1946 

riots corn 0seU of two or mr4 

counties ! par Article 6820 and 

Article 326IC,-37, Revised Civil 

8tatutes of Texas, 1925) .~....~47,600.00 #47,600.00” 
Honorable George Ii. Sheppard, Page 8 

It is, therefore, the opinion of this department that you are authorized to pay the District Attorney for the 28th Judicial Distriot his aotusl and neoessary expenses for the current fiaeal year not to exceed 

$300.00 and the District Judge of the 107th Judicial 

District his actual and necessary expenses for the current fiscal year not to exceed )200.00 out of Item 5, 

above quoted, provided that money is available. 

(1) There Is at t’he present time no available 

appropriation for the sarlary of the District Attorney of the 28th Judicial District of Texas. 

(2) The Comptroller is authorized to pay out 

of monies appropriated in Item 5 of the Judiciary 

Section for the Comptroller’s Department of the 

General Appropriation Aat, 1945, the District Attorney for the 28th Judicial Dist,riot his actual 

and necessary expenses of the current fiscal year 

not to exceed $300.00 and the Dietriat Judge of 

the 107th Judicial District his actual and necessary ex enses for the current fiscal year not to 

exceed g 200.00 provided money Is available. 

Yours wry truly 

ATIORRXY GRRIERAL OF TEXAS 

APPROVED JAIS. 81, 1947 

%a' 

ATTORNRY GENMUL 

JR:djSc jrb 

Approved Opinion Committee 

By BWB, Chairman