Tour letter of rioelat date requW3ng aIpopirion rroa t&k dapartnmnt on the ebeh rubjeetmatter 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 $pe@ial Laws of the 49th Legislature and designatQdArticle 199, District 107 in Vernon’s Annotated Texas Civil Statutes. Section 4, tnereof stateo, ‘Afterthe effective date of this ‘Act,the Di$triot Attorney far the Criminal DistrSot Court for Nueces,Kleberg, Kenedy, WiLLecy and Cameron Counties shall serve the 28th Judicial Dlstriot Court as designatedby this Act, and shall theacef’orth be known as the lIp$r;;; Attommg for the 28th JudicialDistrict

,~... t ,Thebtininal 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

(SectionWe. 18, Chapter 465, Forty-fourthLegialature)

. . . ..#4500.00’

. For your Informationwe are now paying 52 DistrictAttorneys at the rate of $4000.00 er year which will make for an expenditure of the 1208,OOO.OO appropriated for these DlrtrlctAttorneys for the current fiscal year, The DistrictAttorney for the 28th JudicialDistrict beginning January 1, 1947will be DistrictAttorney NO. 53. From what appropriationwill 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 appropriationnow avallablo to pay the DistrictAttorney of the 28th District?

"The DistrictAttorney of the 22th District, representing three counties and the District Judge of the 107thDlstrlot, representingtwo countieswill nonrally incur traveling expenses to be reimbursed them by the State under the provisionsof Artlale 6iBZO V.R.C.S. Under thisArticle theDistrict Atterney and the District Judgewould be entitled to $300,00 and $200.00, respeotivelyas a maximum relnbursement for any given fiscal year of the State, For your information the appropriationmade ior the current fiscal year reflectsa total 0r $400.00 unallocated to any District. In otherwords this )400 representsa part of the )47,600.00 appropriatedfor the current fiscal year,which on S,eptember1, 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 provislonsof A~%lclo 6820V.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 CriminalDistrict Attorney aad the Criminal District Judge of the Criminal District Court representingNueces;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 $500.00will not, in all probability,be completely obligated during the last fourmonths of 1946, at which time this court ceases to existb In case either, or both, ob+ ligate the entire $500.00 during the last fourmonths of 1946,would he, or they, be entitled to any further reimbursement for the first eightmonths 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 statueHonorable George Ii,Sheppard, Page 3

after January 1, 19471 Or would the DistrictAttornsy be entitled to only 2/12 of #300.00 and,the District Judgs ontltledto b’ly 8/12 of #200,00 provided they incurrdti

thatm&ohPor 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 eightmonth period for an ees in burred using thle limitation o,r E/12 or v expm

# 9,, 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: LeRfslature, 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 shallbe a Court of goneral jurisdiction, with ‘thejuriedtotlon 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 juriodiotlanwith ths 94th and 117th Diotrfot Oourtsti.

“‘OR the siractivedate of,t,hir

fctfonprovided by the Constitution and Laws of the State of Texas for District Courtssand shall’be~aomposedof the Counties of Willaeg and Cameron, and thenceforthbe .td.q:t of Tsms ;z fiawith th4 f03ra said two Countfea; previded that the.lO?th Bfatrht Court ahall give gref!,repee

te sr$mlnalcaa)ea phe 108rd Judicial isttietCoWt w&r11 be a Court o? @enera jurfsdfcties,with the j&.imdlotion prav$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 shallqive proferenot to civil oases and shall notseroegt in,oaaeaof emergenoysbe 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 thisAct be transfsrredby the Distriot Clerks of said Counties to th4 docket of tha 28th District Court, and the Judge of said 28th Distriot Court towhich said oases shsllbe 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,

CriminalDistrict Court above named, within aaid Counties; providedthat any suoh action or s&ions be taken within the asme timaellaits thatwould have governed the Judge of the Court fromwhich 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 offectivsdate of this Act, be considered as on file in the 107th District Court, a4 herein dsnominsted,and the Judge of raid 107thDistriat 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 judgmentsproper and necessary in any cases theretoforo tried by the raid CrimlnslDistriat Court, hereinabovenamed, 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 transf4rr4daHonorable George H. Sheppard, Page ‘5

l**Tha CountyAttorneys of Willaoy end Cameron Countiea shall, rcspeotivelg,rmm and aftsr the affectivedata of this Act, represent tho Stete OP. Texas in all matters now handledby the above mentionedD.iatrict

Attorney for the above mentioned ;fMtinel Distrlot Court within aaid respectiveCoun0

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

District shallbegin on the firetMondaga 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 thereformay be summoned to appear bef’ore

suoh District Court at auah times aa may be deoigmetedby the Judge thereof’.

“‘940. 0. Nothing contained in this Act shell affect the present terms of thb 26th and IO3rd JudicialDiotrict Court8 but mid tenua shall oontiarovidedby 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 followingobservotione:

*TheAct of the 49th Legislature provides that
on its ePPective date the CriminalDistrict Court of the five counties shall become a court of gener81 jurisdiction,both civil and orimPne1, and shall **be** oompoeedof the counties of Willacy and Cameron enly, known as the 107th judioialdistrict, and shel,l have ooncurrent Jurisdictionwith 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 Countiespending on the docket of’the said criminal diatriot court, and the placing on the docket of the 107th district oourt of 

### alloases 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 asdistrict attor- $4~ of the 24th judipiardietrEt, and that the county attorneys or Wlllscy end Eemeron CountierHonorable George B. Sheppard, Page 0

shall representthe State of Texas in criminal
oases in said respective counties,and fixes the number of termsand 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 judiciarysection of the GeneralAppropriationsAct of the 49thLegislature for the Comptroller’sDepartment 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,inoludingthe 1946 1947 $500.00 Constitutional allowanoe, of 52 District Attorneys at $4,000.00 per yeara (As per Chapter 442, Acts of Second Called Session, (Forty-fourthLegislature).

.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-fourthLegislature).

.. $ 4,500,OO 4,500.OO'

It will be noted that since the effectivedate of PI. B. 574 (Janusry 1, 19471, the DistrictAttorney for the CriminalDistrict Court of Nueces, KleB,erg,Kenedy andWillaoy and Cameron counties has become the DistriatAttorney for the 28th JudicialDistrict 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)distriotAttorneys, said item is not available to the DistrictAttorney 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 DistrictAttorney for the 28th JudicialDistrict.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 necessaryaxpenses while aotually en**gaged in**  the dhechar@ ot a.nc.h ,dutiee, nat to **,4x** eeed four dollars per duy for hotel bills, and not to exceed iour cents a :milewhen travelingby railroad, and not to exceed twenty cents a mile when travelbg .byprivate ,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 incurredby 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 containingmore than one county, suoh expensea shall never exceed in any one year $100.00 for each county in the district; provided thatno district judge or attarneg shell receiveinore than &300.00 in any one gaar ander the provfeipnrof this article. The aooount $0~ osid oervioes ahallbe recorded in the olfiaial m&nu&es of the ,dietrictcourt of the co,untyinwhioh rWk ju&g4 or attorney resides, respeativaly."
8in,cathe 28th J.udioial District is now **aompo44d** of ‘threeoountfss 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 68,2Oto his ectual and nsoeesarg **expanrcbe not**  **to axoeed**  )300.00 in any on4 ysar. The DistriO$ Oudge of the 107th Judioiel Dirtriotwill be en**tltZb4 i$4**  **l&9 aotual**  **ad mo44razy**  **e*peareo** **not tb**  **,w** cead 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 t**  rol14rp"a

Departnstit

coataim the following approp&%t Pon.:

For the Years Bndipgl “5. Di,strict

Judges and District August 31, Augf;~,31, Attorneya’ expense8 in Dist- 1946 riots corn0seU of two or **mr4** counties !

parArticle 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 DistrictAttorney for the 28th JudicialDistriot 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 thatmoney is available.

(1) There Is at t’he present time no available appropriation for the sarlary of the District Attorney of the 28th JudicialDistrict of Texas.
(2) The Comptroller is authorized to pay out of monies appropriated in Item 5 of the Judiciary Section for the Comptroller’sDepartment of the GeneralAppropriationAat, 1945, the DistrictAttorney 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 JudicialDistrict his actual and necessary ex enses for the current fiscal year not to exceedg200.00 providedmoney Is available.

Yours wry truly

ATIORRXY GRRIERAL

OF TEXAS

APPROVED JAIS.81, 1947

%a' ATTORNRY GENMUL
JR:djScjrb
Approved Opinion Committee By BWB, Chairman