HonorableRobert S. Calvert Opinion No. C-680

Comptrollerof PublicAccounts Austin, Texas Re:

Dear Sir: Under Art. 35.27, Vernon's Code of Criminal Procedure, when no funds have been appropriatedfor witness fees, what will constitutea filing with the Comptroller of a claim for witness fees and related questions;

You recently requestedan opinion of this Office concerningan interpretation of Attorney General'sOplnion Number C-637 (1966),wherein this office held that witness fee bills must be flied with the Comptrollerof PublicAccountswithin 12 months from the due and payable date. Concerningthe same you ask the following questions:

"Pleaseadvise me 8s to what is

necessary in this instance to constitute a filingby the witness, If the wltness fee bill is submittedto this departmentand receivedby this department and docketed and then returned to the witness or his assignee,would this constitutea filing of the fee bill? And if so, could the witness fee bill be legallypaid if money were approprlated at a much later date, or at least
more than twelve months elapsesbetween 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 Comptrollerof PublicAccounts for the purpose of being filed. It is a well-established rule in this State
-3271-HonorableRobert S. Calvert,page 2 (c-680 )

that an instrumentIs consideredto 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 Departmentof the Comptrollerof PublicAccounts and receivedby the Comptrollerof PublicAccounts and docketed and then returned to the witness or his asslgnee, the same would constitutea filing. Whether It would be advisable to maintain such witness fee bills
on file in the office of the Comptrollerof Public fitcounts, Is an administrative matter, to be determined by your office.

The secondportion 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 obligatedto pay witness fees when the same are filed within twelve months of the due and payable date with the Comptrollerof PublicAccounts. The date upon which the appropriation

ls made does not affeot the obligation.

SUMMARY

A witness fee bill Is consideredas being filed when it reaches the office of the Comptrollerof PublicAccounts for that purpose.
Witness fees can be lagallypaid 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 PublicAccounts.

TWM/er Yours very truly,

WAGGONER CARR Attorney ffeneral

of Texas 

### By: THOMAS

w. THOMAS w. 

### MACK

MACK AssistantAttorney General

-Z’72-HonorableRobert 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

-3273-