,-

_- December 9, 1949

Ron. Clyde Fillmore Opinionno. v-959. DistrictAttorney Wichita Falls,~Texas Rer Authority to pay a court reporter from another district travelingexpenses 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 inasmuchas the court reporter for the 30th JudicialDistrictwas in Vernon,Texas, to report the aase of Texanua Oil Co. v. KatheleneKelly, et al, Bo. 9219, by reason of the illness of the court reporter in Vernon. Judge Jones was advised to brLng his court reporterwith him by reason of the absence of the regular court reporter for the 30th Judicial Mstrict.
The questionpresented Is whetherWichita County has the authority to pay the vlsiting court reporterhis actual and necessary expenses in going to and returningfrom Wichlta County. Article 232&z, V.C.S.,provides, in part, as follows: "All official shorthandreportersand deputy official shorthandreporters of the Mstrict Courts of the State of Texas composed of more than one county,when engaged in the discharge of their officialduties in any county in this State other than the county of their residence shall, in addLtlon to the compensation now providedby law forHon. Clyde Fillmore,page 2 (V-959)

their services,be allowed their actual and necessary expenseswhile 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 travelingby railroad or bus lines, and not to exceed ten cents a mile when travel4. ing by private conveyancein going to and returning from the place where such duties are discharged,travelingthe nearest practical route.

. . %here the official or deputy official shorthandreporterdoes not reside in the Judicial District for which he or she is appointed,he or she shall only be entitledto travelingexpenses 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 shorthandreporter is called upon to report the prooeedingsof any special term of Court,
or on account of the sickness of any official shorthandreporter of any JudicialDistrict, necessitatin th 1 tf h th d reporter fro: sotee%h%?%nEy ti&E t2 State, then the shorthandreporter 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 determiningthe questionpresented,it becomes necessary to construethe last portion of Article 2326a relating to the sickness of any official shorthand reporter of any Judicial District. Your fact situation reflects that the regularlyappointed court reporter of the 30th Judicial Districtwas reportinga case in veernon, Texas, where he was substituting on account of the illness of the court reporter in that district,thereby necessitatingthe employmentof a shorthandreporter from some other countywithin 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 sufficientin scope to authorize the payment of all actual and neoessary expensesto the court reporter accompanying Judge Jones- in going to and returning from Wichita County.Hon. Clyde Fillmore,page 3 (V-959)

SUMMARY
A court reporterwho substitutesfor a court reporter of another districtwho is ab- 'sentby reason of the Illness of a third court reporter in another judicialdistrict 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 proceedtigspursuant 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