.. -.. . ..._..- .~_ .._-._....~..~~~,.



# The Attorney General ofTexas

JOHNL.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.

Youhave asked whether Williamson County is required or authorixed to provide anofficial court reporter office space, equipment, supplies and other incidental items necessary to the performance ofthe reporter’s duties. Each official court reporter is appointed by the judge of the court to which the reporter isassigned 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 bythejudge. Additional responsibilities are set out in the Code of Criminal Procedure - articles 1107S2(c), 36.27, 40.09(4), 52.07, and the Rules of Civil Procedure -

p. 4965. -

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 isentitled toreceive 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 maypay 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 1of article 3912k which provides, in part: “the commissioners court ofeach county shall fii the amount of

... office expense ... and all other allowances forcounty
... employees who are paid wholly from county funds, but inno event shall such salaries be set lower than they exist at the effective date ofthis Act.v The reporter’s salary iswholly 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 3912kand therefore webelieve that the legislature at that time acouiesced in thii practice by the counties. 35S.W.2d696 (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

DAVIDM.KENDALL;First Assistant

p. 4966.

. -

I Honorable Bill Stubblefield - Page 3 (H-1250)

Opinion Committee

p. 4967