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The Attorney General of Texas 

JOHN L. HILL 

Attorney General 

September 29, 1978 

Honorable Bill Stubblefield 

Williamson County Attorney 

Opinion No. H-1250 

Williamson County Courthouse 

Georgetown, Texas 78626 

Dear Mr. Stubblefield: 

Re: Appropriation of county 

funds to provide space, equipment, and supplies to official 

court reporter for district court. 

You have asked whether Williamson County is required or authorixed to 

provide an official court reporter office space, equipment, supplies and other 

incidental items necessary to the performance of the reporter’s duties. 

Each official court reporter is appointed by the judge of the court to 

which the reporter is assigned and is a sworn officer of that court. V.T.C.S. 

art. 2321. The duties of the reporter are set out in article 2324, V.T.C.S. 

This statute provides that the reporter shall, upon request: 

Attend all sessions of the ccurt; take full shorthand 

notes of all oral testimony offered in cases tried in 

said court, together with all objections to the admissibility of the evidence, the rulings and remarks of the 

court thereon, and all exceptions thereto; take fdl 

shorthand notes of closing arguments when requested 

to do so by the attorney for any party to such case, 

together with all objections to such arguments, the 

rulings and remarks of the court thereon, and all 

exceptions thereto; 

Preserve all shorthand notes taken in said court for 

, An 0qual Oppoe”ni* 

A”irmMin Action Em- future use or reference for three full years, and 

furnish to any person a transcript of all such evidence 

or other proceedings, or any portion thereof as such 

person may order, upon the payment to the official 

shorthand reporter of the fees provided by the judge. 

Additional responsibilities are set out in the Code of Criminal Procedure - 

articles 1107 S 2(c), 36.27, 40.09(4), 52.07, and the Rules of Civil Procedure - 

p. 4965 
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Honorable Bill Stubblefield - Page 2 (H-1258) 

Rules 272, 287. The reporter may have additional duties in the discretion of the 

court. McCoy v. State, 2 S.W.2d 242 (Tex. Crim. App. 1928); Attorney General 

Opinion M-248 (1968) . 

The court reporter is entitled to receive payment for travel expenses incurred 

when discharging official duties in counties other than that of his residence. 

V.T.C.S. arts. 2326-a, 2326a-1; Attorney General Opinion H-952 (1977). It is our 

opinion that the commissioners court may pay any other expenses “necessary to the 

office authorized by law.” V.T.C.S. art. 3912k S 3(a). We believe the legal 

authorization for payment of these expenses is section 1 of article 3912k which 

provides, in part: “the commissioners court of each county shall fii the amount of 

. . . office expense . . . and all other allowances for county . . . employees who are 

paid wholly from county funds, but in no event shall such salaries be set lower than 

they exist at the effective date of this Act .v The reporter’s salary is wholly paid by 

the county although it is set by order of the judge of the reporter’s court and 

although the reporter receives additional fee compensation from other sources. 

V.T.C.S. art. 3912k, SS 1, 3, 5. See Attorney General Opinion H-200 (1974). Cf. 

Attorney General Opinion H-35 09751. It is therefore our opinion that the cou% 

may furnish the items you inquire about if reasonably necessary for the 

performance of the court reporter’s duties. E Attorney General Opinion H-R64 

(1978). This was the widespread practice in the state when the legislature enacted 

article 3912k and therefore we believe that the legislature at that time acouiesced 

in thii practice by the counties. 35 S.W.2d 696 

(Tex. 1931); Calvert v. Kadane, 4 orney General 

Opinion WW-1484 (1962). The commissioners court has the discretion to decide 

which expenses to bear. 

SUMMARY 

The commissioners court has reasonable discretion to 

authorize the payment of office expenses of an official 

court reporter. 

Very truly yours, 

APPROVED: u 

DAVID M. KENDALL;First Assistant 

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Honorable Bill Stubblefield - Page 3 (H-1250) 

Opinion Committee 

p. 4967