Honorable Robert S. Calvert Opinion No. C-680 

Comptroller of Public Accounts 

Austin, Texas Re: 

Dear Sir: 

Under Art. 35.27, 

Vernon's Code of 

Criminal Procedure, 

when no funds have 

been appropriated for 

witness fees, what 

will constitute a 

filing with the Comptroller of a claim 

for witness fees and 

related questions; 

You recently requested an opinion of this Office 

concerning an interpretation of Attorney General's Oplnion Number C-637 (1966), wherein this office held that 

witness fee bills must be flied with the Comptroller of 

Public Accounts within 12 months from the due and payable date. Concerning the same you ask the following 

questions: 

"Please advise me 8s to what is 

necessary in this instance to constitute a filing by the witness, If the 

wltness fee bill is submitted to this 

department and received by this department and docketed and then returned to 

the witness or his assignee, would this 

constitute a filing of the fee bill? 

And if so, could the witness fee bill 

be legally paid if money were approprlated at a much later date, or at least 

more than twelve months elapses between 

the filing of the fee bill and the time 

that an appropriation be made for its 

payment? Or, should this department 

maintain such fee bills on file in this 

department?" 

It is the opinion of this office that a witness 

fee bill is filed when the same reaches the office of 

the Comptroller of Public Accounts for the purpose of 

being filed. It is a well-established rule in this State 

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Honorable Robert S. Calvert, page 2 (c-680 ) 

that an instrument Is considered to be filed when it is 

placed in the hands of the proper officer for such purpose. Thomas v. Farrls, 132 S.W.2d 435 (Tex.Civ.App. 

1939, error dism. judgm. car.) Civil Service Commission 

of City of Lufkin v. Crager, 364 S.W.2d 361 (Tex.Civ.App. 

lgb4, error ref. n.r.e.) 

Therefore, when a witness fee bill is submitted 

to the Department of the Comptroller of Public Accounts 

and received by the Comptroller of Public Accounts and 

docketed and then returned to the witness or his asslgnee, the same would constitute a filing. Whether It 

would be advisable to maintain such witness fee bills 

on file in the office of the Comptroller of Public fitcounts, Is an administrative matter, to be determined 

by your office. 

The second portion of your question concerns 

whether or not a witness fee bill can be legally paid 

if the money to pay the same were appropriated more than 

twelve months after the filing of the witness fee bill. 

It Is the opinion of this office that the State of Texas 

is obligated to pay witness fees when the same are filed 

within twelve months of the due and payable date with 

the Comptroller of Public Accounts. The date upon which 

the appropriation ls made does not affeot the obligation. 

SUMMARY 

A witness fee bill Is considered as 

being filed when it reaches the office of 

the Comptroller of Public Accounts for that 

purpose. 

Witness fees can be lagally paid even 

though the money to pay the same is appropriated more than twelve months after the 

witness fee bill is filed with the Comptroller of Public Accounts. 

TWM/er 

Yours very truly, 

WAGGONER CARR 

Attorney ffeneral of Texas 

By: 

THOMAS THOMAS w. w.MACK MACK 

Assistant Attorney General 

-Z’72- 
Honorable Robert S. Calvert, page 3 (C-580 ) 

APPROVED: 

OPINION CONMITTEE 

W. V. Geppert, Chairman 

Douglas Chilton 

Pat Bailey 

Gilbert Pena 

Robert Norris 

APPROVED FOR TRE ATTORNEX GENERAL 

By: T. B, Wright 

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