TEIEATTOWNEY GENERAL 

OFTEXAS 

i.USnN Il. TEXAS 

March 13, 1948 

Hon. Beauford H. Jester, 

Governor of Texas, 

Opinion No. V-520 

Capitol Building, Re: 

Austin, Texas 

Liability of the State 

for traveling expenses 

Attention: Mr. Ransom 

incurred by an agent of 

the State commissioned, 

by the Governor for demanding.and receiving 

from authorities of 

another state a fugitive from justice and 

Dear Governor: 

returning him to Texas. 

Reference IS made to a request for an opinion, 

dated Februarv 19, signed by Mr. L, D. Ransom, one of 

your Secretaries, which reads: 

"The Governor's Office seeks an oplnion on the following: 

"Deputy Sheriff from Austin, Travis 

County, Texas, e o e went after and returned the party by the name of #alter Lee 

Lyons from Los Angeles, California. They 

are now rendering an expense account in the 

amount of 965.30 to be paid from the Governor's funds covering the return of fugitives. Is approval necessary from the Governor's Office for this expense account &- 

m this trip is made? 

'Will appreciate your giving the undersigned an opinion on the above." 

Mr. Ransom has verbally advised us that a requisition was issued by you to the Governor of the State of 

California demanding the apprehension of one Walter Lee 

Lyons, a fugitive from Justice from this State, who was 

then in California, and to deliver him to the Deputy Sheriff of Travis County, whom you commissioned as agent of 
Hon. Beauford H. Jester - Page 2 (V-520) 

this State to receive the fugitive, return, and deliver 

him to the Sheriff of Travis County. Your requisition 

was honored by the Governor of the asylum state and the 

fugitive was delivered to the agent, who fulfilled his 

mission by delivering the fugitive into the custody of 

the Sheriff of Travis County. It is also our fnformation that the commission was written on an old blank 

form which was printed and used during the admfnistration of one of your predecessors in office, and on which 

there was printed at the bottom thereof these word‘s: 

"No expenses whatsoever will be allowed 

or paid by the State of Texas unless specially stipulated and embraced in the above appointment **I 

Since the foregoing quotation was embraced in 

the agent’s commission, we must determine whether you 

may now legally approve and certify to the Comptroller 

for payment the account of the agent for the actual and 

necessary expenses incurred by him In performance of his 

duties, We believe our answer is controlled by Article 

1005 and Section 1 of Article 1006, V. C. C. P,, and Item 

16 of the current appropriations made to the Executive 

Department 0 Article 1005 and Section 1 of Article 1006 

read, respectively: 

Article 1005$ 

‘When the Governor deems it proper to 

demand a person who has committed an offense 

in this State and has fled to another State 

or territory, he may commission any suitable 

person to take such requisition. The accused, 

if brought back to the State, shall be delivered up to the sheriff of the county in which 

it is alleged he has committed the offense.” 

Article 1006 0 

*‘Section 1. The officer or person so 

commissioned shall receive as comnensation the 

actual and necessarv traveline exuensea upon ( 

recuisition of the Governor to be allowed by 

such Governor and to be paid out of the State 

Treasury upon a certificate of the Governor 

reciting the services rendered and the allowance therefor .,‘I (Emphasis added) 
Hon..Beauford H. Jester - Page 3 (V-520) 

Item 16 of the Appropriations made to the Executive Department is an appropriation of $25,000 for each 

year of the current biennium for "Returning V'ugitives 

from Justice,11 

Article 1006, V. C. C. P, 3 before it was amended in 1935 (Acts 44th Leg,, ch. 162, p0 412) read: 

"The officer or person so commissioned sa h 11 ecefv 

the Governor shall allow for such service 

to be paid out of the State treasury upon' 

a certificate of the Governor reciting the 

services rendered," (Emphasis added) 

The amount to be paid to an agent of the State, 

commissioned by the Governor under the provisions of Article 1005, V. C. C, P,, was by Article 1006 left to the discretion of the Governor, Brightman, Sheriff, v. Sheppard, 

Comptroller (1933), 122 Tex, 318, 59 S. W. 2d 112. Article 

1006, prior to its amendment in 19351 did not specifically 

provide, as it does now, that the officer or nerson so cogmissioned shall receive as comoensation his actual and necessary traveling exnenses to be alioved by the Governor and 

to be paid out of the Ssate Treasury npon a certificate of 

the Governor reciting the services rendered and the allowance therefor. 

A very material change was made in Article 1006 

by the Amendment of 1935* Prior thereto, it made no mention whatever of traveilng expenses of the agent, nor did 

it fix any rule for the guidance of the Governor in determining the amount of compensation he could allow for all of 

the agent$s services, The amount of compensation was left 

entirely to his discretion, Whatever amount he allowed, 

whether adequate or inadequate, or none at all, was final. 

The amended statute is plain, definite and unambiguous. 

It clearly provides that an agent of the State commissioned by the Governor, as was the officer in this instance, 

shall receive from the State of Texas as compensation for 

his services his "actual and necessary traveling expenses." 

The amount of such expenses may be definitely determined, 

for the statute contemplates that the expense account of 

the agent will be itemized when presented to the Governor 

for approval and certification to the Comptroller for payment, The Governor may require such verification of such 

an account as he deems proper and may refuse any item 

thereof which he thinks is not a necessary expense. 
Hon. Beauford H. Jester - Page 4 (V-5&! 

It is our opinion that the Legislature has made 

the payment of such expenses, upon approval of the Governor as to the correctness thereof, an obligation of the 

State of Texas and has made an appropriation to discharge 

that obligation. 

Since the payment of the actual and necessary 

traveling expenses of an agent of the State is an obligation of the State, it is our opinion the Legislature intended that all such obligations should be paid without 

exception by the State, It is our further opinion the only discretion which the Governor has when an account for 

such expenses is presented to him for approval is to determine the correctness thereof, and, when an account is 

approved, it then becomes his duty to certify the same to 

the Comptroller for payment. We, therefore, conclude that 

your question should be answered in the negative. 

SUMMAFiY 

Section 1 of Article 1006, V. C. C. PO, 

makes the payment of all actual and necessary 

traveling expenses incurred by an agent of the 

State, commissioned by the Governor in accordance with the provisions of Article 1005, 

v. c. c. P0 9 an obi:gation of the State of Texas, 

In order for an agent, commissioned by the 

Governor in accordance with the provisions of 

Article 1005, V. C. Co P, 1 to be paid his actual 

and necessary traveling expenses, it is not necessary that a stfpuiatfon providing for such payment be inserted in the commission. 

When a commission issued by the Governor to 

an agent) under authority of Article 1005, V.c,C.P., 

contains no specific stfpulatioh that the actual 

and necessary traveling expenses of the agentwill 

be allowed, but does contain a provision to the 

effect such expenses will not be allowed unless 

specifically stipulated therein, such a provision 

is contrary to the plain provisions of Article 

1006, v. Co Co P,, and is whclly ineffective to 
Hon. Beauford 8, Jester - Page ~5 (V-s2izoj 

defeat the right of the agent to collect 

. such expenses or to prevent the Governor 

from approving his account for payment. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

BWB:wb 

Bytiti 

Bruce W. B 

Assistant 

APPROVED: 

IRST ASSISTANT - 

ATTORNEY GEXERAL