Hon. Charles R. 

County Auditor 

Harrison county 

Marshall, Texas 

December 3, 1947 

Martin Opinion No. V-446 

Re: Basis of pay of temporary 

shorthand court reporter 

obta~ined by reason of the 

illness of the regularly 

appointed official reporter. 

Dear Mr. Martin: 

Your request for an opinion of this Department 

as to the construction of Article 2326a~, V,C,S,, as It 

rela~tes to the pay of a temporary court reporter is substantially as follows: 

"On October 8th, 1947, the regular 

shorthand reporter became ill, necessitating the Judge of the District Court 

getting another shorthand reporter, and 

one was secured who resides out of the 

District, his residence being in Henderson, Texas. 

"QUESTION: Would the shorthand reporter who resides out of this District, 

be pa.id under the first paragraph of Article 2326, Vernon's Civil Statutes, which 

provides hotel bills of $4.00 per dey a~nd 

mi.lea.ge, either by rail, bus, OP priva,te 

conveya,nce, a.lso per diem, or should he be 

pa.id under the last paragraph of this same 

a.rtlcle, which sta.tes that the shorthand 

reporter she.11 receive and be paid all 

actual and necessa,ry expenses in going to 

and returning from the place where he OP 

she msy be ca.lled on to report the proceedings of any Regu1a.r OP Specia,l Terms of 

Court? 

"QUESTION: If you conclude that he 

should be paid under the last paragraph of 

Article 23268, tha.t is, his a.ctua,l a~nd nec- 
. ” 

Hon. Charles R. Martin - Page 2 (v-446) 

essary expenses in going to and returning 

from the place where he or she may be oalled on to report the proceedings, then is he 

entitled to any per diem in addition to his 

necessary and actual expenses?" 

Subsequent to your request for an opinion, you 

Informed this qffice that the temporary court reporter 

for the 71st Judicial District is the official court reporter for the 4th Judicial District: 

Article 2326a, V.C.S., provides in part as follows: 

"All official shorthand reporters and 

deputy offlcisl shorthand reporters of the 

District Courts of the State of Texas composed of more than one county, When engaged 

in the diSCharg8 Of their Official duties 

in any county in this Stat8 other than the 

county of their residence shall, in addltion to the compensation now provided by 

law for their services, be allowed their 

actual and necessary expenses While aCtUally engaged in the discharge of such duties, not to exceed the SIJII! of Four Dollars 

per day for hotel bills, and not to eXC88d 

four cents a mile when traveling by railroad or bus lines, and not to exceed ten 

cents a mile when traveling by private conveyance in going to and returning from the 

place where such duties are discharged, 

traveling the nearest practical route. . . 

"Whenever a special term of any District Court in this State is convened and 

the services of an additional official or 

deputy official shorthand reporter Is reqtired, then thIsAct shall also apply to 

said shorthand reporter so employed by the 

Judge of said special term, and all expenses as herein provided shall be allowed and 

paid said shorthand reporter so employed 

for said special term by the county wherein 

said special term is convened and held, and 

shall be in addition to the expenses herein 

provided for the official or deputy official 

shorthand reporter of the district. 
Hon. Charles R. Martin - Page 3 (V-@&j; 

"Rhere,the official or deputy official~shorthand reporter does not resideln 

the Judioia,l District for which he or 

she is appointed, he or she shall only be 

entitled to traveling expenses from the 

time he or she reaches the County Line of 

any county in the Judicial District. Provided, however, that whenever any official 

or deputy official shorthand reporter is 

called upon to report the Proceedings of 

called on to report the proceedingg of any 

Regular or S ecial terms of Court. (Emphasis a,dded P 

In determining the question of whether the 

first portion of Article 2326s controls or whether the 

lest portion of sa~id Article controls, it will be necessary to carefully analyze the provisions of this 

Article. The first paragraph of said Act provides for 

actual. and necessary expenses while actually engaged 

in the discharge of such duties, not to exceed the sum 

of $4.00 per day for hotel bills and not to exceed 46 

per mile when traveling by railroad OP bus lines, and 

not to e~xceed 106 per mile when traveling by private 

conveya~nce when going to and returning from the place 

where such duties are discharged. The last peragraph 

of said Act provides that if the court reporter does 

not reside in the judicial district for which he OI? she 

is appointed, he or she shall only be entitled to traveling expenses from the time he or she reaches the 

County Line, whereas if any official or deputy shorthand reporter is called upon to report the proceedlrgs 

of any special term of court on a~ccount of the sickness 

of any official shorthand reporter of any judicial district, then the shorthand reporter so employed shsll 

receive a~nd be paid all actual and necessary expenses 

In going to and returning from the place where he or 

she may be called on to report the proceedings of any 

regular or special terms of court. The construction 

placed upon this last paragraph by this Department is 
Ron. Charles R. Martin - Page 4 (v-446) 

that the official court reporter from another county 

would be ~entitled to~actual and necessa.ry expenaesin 

going to and returning from the place'where called~ upoh 

to report such prOOe8dkgS. Therefore,' it is the Opinion of this Department in a~nswer to your first question, 

that such reporter should be paid al~l actual end neceasary expenses, end in answer tog your second qUesttOn it 

Is the opinion of this Departm8nt that the substitute 

court reporter who Is the official court r.eporter for 

th8 4th Judicial District would notbe ,entitled to any' 

per diem in addition to the actual and hseessary expenses. Ii8 would, Of COuFSe, continue to draw~his regular 

salary from the county or counties in,which.he is regulerly 8SIplOy8d. 

SUMMARY 

A court reporter who resides out of 

the judlclel district, substituting for the 

officie.1 court reporter In said distrl~ct by 

reeson of illnes:s, would be entitled to his 

or her actual.or .neoessary expenses in,golng 

to and returning.from the place~where he or 

she may be called upon to report such pro-. 

C8edingS pursuant to Article 2326e,, V.C.S. 

Yours very truly 

ATTORREX OERERAL OF TEXAS 

- 

.B& 

B -urn811 Waldrep 

Assistant 

Bw: ajm:mw ATTORRWYGEHERAL