~ii. 

THEAITORNEYGENERAL 

OF TEXAS 

AUSTIN. TRXAS 78711 

March 10, 1977 

The Honorable Oscar B. McInnis Opinion No. H-952 

Criminal District Attorney 

Hidalgo County Re: Propriety of per diem 

Edinburg, Texas 78539 payments to visiting 

official court reporter 

from another district. 

Dear Mr. McInnis: 

You advise that the official court reporter for the 

117th District Court~in Nueces County substituted for the 

official court reporter of the 206th District Court of 

Hidalgo County when the judge of the 117th District Court 

was temporarily assigned to hold court for the judge of the 

206th District Court in Hidalgo County. You ask: 

Can we . . . pay a visiting court reporter 

from another d,istrict per diem? 

Official court reporters are sworn officers of the 

court appointed by district and criminal district judges. 

V.T.C.S. art. 2321. The last paragraph of article 2326a, 

V.T.C.S., states: 

LWlhenever any official or deputy official 

shorthand reporter is called upon to report 

the proceedings of any special term of court, 

or on account of the sickness of any official 

shorthand reporter of any Judicial District, 

necessitating the employment of a shorthand 

reporter from some other county within the 

state, then the shorthand reporter so employed 

shall receive and be paid all actual and 

necessary expenses in going to and returning 

from the place where he or she may be called 

on to report the proceedings of any regular 

or special terms of court. 

P. 3975 
. - 

. 

The Honorable Oscar B. McInnis - page 2 (H-952) 

Assuming, without deciding, that this court reporter 

falls within article 2326a, we do not believe it authorizes 

him to receive per diem. 

Attorney General Price Daniel considered an almost 

identical question from Harrison County in Attorney General 

Opinion V-446 (1947). He was advised that the regular 

shorthand reporter for the 71st Judicial District Court there 

became ill and that the official reporter for the 4th 

Judicial District in another county substituted for him. 

The inquiry to Attorney General Daniel was: 

If... Lthe visiting reporter] should be 

paid under the last paragraph of Article 

2326a, that is, his actual and necessary 

expenses in going to and returning from the 

place where he or she may be called on to 

report the proceedings, then is he entitled 

to any per diem in addition to his necessary 

and actual expenses? - Id. at l-2. 

After deciding that the visiting reporter should receive 

actual and necesary expenses, the opinion answered: 

[IJt is the opinion of this Department 

that the substitute court reporter who is 

the official court reporter for the 4th 

Judicial District would not be entitled to 

any per diem in addition to the actual and 

necessary expenses. He would, of course, 

continue to draw his regular salary from 

the county or counties in which he is 

regularly employed. - Id. at 4. 

We believe the conclusion of Attorney General Opinion 

V-446 is sound. See also Attorney General Opinion V-959 

(1949). 

-- 

It has been suggested article 2323 requires that per diem 

in addition to expenses be paid visiting official court 

reporters. That statute provides in pertinent part: 

In case of illness, press of official work, 

or unavoidable disability of the official 

shorthand reporter to perform his duties . . . 

the judge of the court may . . . authorize 

P. 3976 
The Honorable Oscar B. McInnis - page 3 (H-952 1 

a deputy . . . reporter to act during _ - - _ the 

absence of said official . . . reporter, and 

said deputy . . . shall receive, during the 

time he acts . . . the same salary and fees 

as the official . . . reporter . . . but 

said official . . . reporter shall also receive 

his salary in full during such temporary 

disability to act. The necessity for a deputy . 

official . . . reporter shall be left entirely 

within the discretion of the judge of the court. 

When an official court reporter of one judicial district 

substitutes for an official court reporter of another judicial 

district, he does not thereby become a deputy official 

reporter of the judicial district in which he is substituting; 

he merely performs additional duties of his own office. 

Compare Bexar County v. Gazley, 172 S.W.2d 702 (Tex. Civ. 

APP. -- San Antonio 1943, no writ) with Groves v. Gould, 102 

S.W.2d 1114 (Tex. Civ. App. --Ft. Wx -nowrit), for 

distinctions between an official reporter of a judicial 

district and a deputy official reporter for the district. 

We do not believe article 2323 is applicable to a substitution by the official court reporter of one judicial 

district for the official court reporter of a different 

judicial district. Consequently, we answer your question 

in the negative. 

SUMMARY. 

A visiting official court reporter from 

a judicial district in another county who 

substitutes for the official court reporter 

of the county visited is not entitled to be 

paid per diem for services rendered to the 

county visited in addition to expenses. 

A visiting court reporter covered by article 

2326a, V.T.C.S. is entitled to receive his 

actual and necessary expenses and continues 

to draw his regular salary from the county 

or counties in which he is regularly employed. 

p. 3977 
The Honorable Oscar B. McInnis - page 4 (H-952) 

APPROVED: 

-.. 

DAVID G KENDALL, First Assigtant 

Opinion Committee 

jwb 

P. 3978