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December 9, 1949 

Ron. Clyde Fillmore Opinion no. v-959. 

District Attorney 

Wichita Falls,~Texas Rer Authority to pay a court 

reporter from another district traveling expenses 

to Wichita County to perform duties of court reDear Mr. Fillmore: porter there. 

Your request for an opinion is substantially 

as follows: 

Judge Floyd Jones of Breckenrldge held 

a term of court for Judge Frank Ikard of the 

30th Judicial Mstrict in Wichita County, 

Texas. The court reporter accompanied him 

to Wichita County inasmuch as the court reporter for the 30th Judicial District was in 

Vernon, Texas, to report the aase of Texanua 

Oil Co. v. Kathelene Kelly, et al, Bo. 9219, 

by reason of the illness of the court reporter in Vernon. Judge Jones was advised to 

brLng his court reporter with him by reason 

of the absence of the regular court reporter 

for the 30th Judicial Mstrict. 

The question presented Is whether Wichita County has the authority to pay the vlsiting court reporter his actual and necessary 

expenses in going to and returning from Wichlta County. 

Article 232&z, V.C.S., provides, in part, as 

follows: 

"All official shorthand reporters and 

deputy official shorthand reporters of the 

Mstrict Courts of the State of Texas composed of more than one county, when engaged 

in the discharge of their official duties 

in any county in this State other than the 

county of their residence shall, in addLtlon 

to the compensation now provided by law for 
Hon. Clyde Fillmore, page 2 (V-959) 

their services, be allowed their actual and 

necessary expenses while actually engaged in 

the discharge of such duties, not to exceed 

the sum of Four Dollars per day for hotel 

bills, and not to exceed four cents a mile 

when traveling by railroad or bus lines, and 

not to exceed ten cents a mile when travel4. 

ing by private conveyance in going to and 

returning from the place where such duties 

are discharged, traveling the nearest practical route. . . 

%here the official or deputy official 

shorthand reporter does not reside in the 

Judicial 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 Dine of any county in the 

Judicial District. Provided, however, that 

whenever any official or deputy official 

shorthand reporter is called upon to report 

the prooeedings of any special term of Court, 

or on account of the sickness of any official 

shorthand reporter of any Judicial District, 

necessitatin th 1 tf h th d 

reporter fro: sotee%h%?%nEy ti&E t2 

State, then the shorthand reporter so employed shall receive and 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 proceed%s of any Regular 

or Special terms of Court. (Emphasis added) 

In determining the question presented, it becomes necessary to construe the last portion of Article 

2326a relating to the sickness of any official shorthand 

reporter of any Judicial District. Your fact situation 

reflects that the regularly appointed court reporter of 

the 30th Judicial District was reporting a case in veernon, Texas, where he was substituting on account of the 

illness of the court reporter in that district, thereby 

necessitating the employment of a shorthand reporter 

from some other county within the State to substitute 

for the court reporter of the 30th Judicial District. 

The construction placed upon this portion of the statute 

by this office is that the language is sufficient in 

scope to authorize the payment of all actual and neoessary expenses to the court reporter accompanying Judge 

Jones- in going to and returning from Wichita County. 
Hon. Clyde Fillmore, page 3 (V-959) 

SUMMARY 

A court reporter who substitutes for a 

court reporter of another district who is ab- 

'sent by reason of the Illness of a third 

court reporter in another judicial district 

would be entitled to his or her actual and 

neoessary expenses in going to and returning 

from the place where he or she would be called upon to report such proceedtigs pursuant 

to Article 2326a; V.C.S. 

Yours very truly, 

ATTORRRY QERERAL OF TEXAS 

BW:bh 

By titi 

Bumell Waldrep 

Assistant 

APPROVED 

$L.JkLd 

ATTORWEY OERERAL