### PIPICEDANIEL AUSTENILTEXAS

ATT"R_YEY CAY-SAIAL Kay 5, 1947

Hon. HomerGarrison,Jr.,Director, Texas Department of Public Safety, Austin, Texas Opinion No. V-186 Re: Legality of reimbursement 

### or actual travel expenses 

### oran agent commissioned bythe Governor to return 

### fromaforeign county a 

### rugitire fmmjustice. Dear Sir: Your request for an opinion bythis department upon the above subject matter is as follows:

"OnFebruary 14, 1947, the Hon. Beauford Jester, Governor of the State of Texas, appointed Texas Ranger R.'L. Badgett andMr. J, L. Jameson, Sheriff of Montague County, Texas, as Agents of the Governor and of the State of Texas to proceed from the State of Texas to Santos, Brazil, S.A., for the purpose of returning one Irvin (loodspeed, afugitive from justice from this State whostood charged with the offense of murder in Montague County, Texas, "Upon receiving notification from the Governor of Texas that R. L. Badgett, Texas Ranger, amemberof this Department, hadbeen appointed as Agent for the Governor and for the State for the purposes above enumerated, I instructed himto proceed in his capacity as an Agent of the State to Santoa, Brazil, to perform the mission as directed by the Governor. "Wewould appreciate it if youwould answer the following questions, as Texas Ranger Badgett desires to present his expense account for payment to the State for reimbursement of monies expended, onauthority of the Governor's Commission:Hon. HomerGarrison, Jr., Page 2, V-186

“1. Would Texas Ranger Badget be limited to the Five Dollar ($5.00) per diem limitation for State employees, or could he bereimbursed for the actual expenses incurred even though these expenses exceeded Five Dollars ($5.00) per day? n2. Dueto the fact that Ranger Badgett was in aforeign country where English was not generally understood, it was impossible for himto receive reeeipts for such items as taxi fares, etc. Under the circumstances, therefore, could the State of Texas reimburse himfor the expenditures that henade in executing the directive of the Governor?” Your questions cannot be answered categorically. Themat.ter is controlled byArticle 1006 of the Code of Criminal. Procedure of Texas) the pertinent portion of which is as follows:

“Pay of agent. -- The officer or person so commissioned shall receive as compensation the actual and necessary traveling expenses upon requisition of, the Governor to be allowed bysuch Governor andto be paid out of the State Treasury upon a certificate of the Governor reciting the services rendered and the ailowance therefor. InBrightman vseSheppard, 122Tex, 318, 59S. W, (2d) 112, it is said:

“Article 1006 in plain and specific terms stipulates that ‘the officer or person so commissioned shall receive such compensation only as the Governor shall allow for such service.’ The services referred to in this article are not the limited services covered bythe proviso of the act heretofore referred to; that is, while traveling beyond, the state line. It has reference to the entire services of the agent in performing the delegated task. In language too clear to admit of doubt it is provided, that for ‘such services’ the only compen~sation which maybe determined by the Governor,Hon. HomerGarrison, Jr., Page 3, V-186

“The act of the codifiers of 1923 in ellminatl.ngthe proviso contained in the act of 1923 and substituting in lieu thereof article 1006,, with the change heretofore referred to, when adopted by the Legislature, manifested an unmistakable intention upon the pertof the lawmaking body to require an offiaer oPother person performing the services of returning a fugitive from justice from enother state, under aommission from the governor of this state, to look alone for compensation to the provisions of article 1006

.‘I ri’his Department, in Opinion No. O-4444, following the Brightman case, said:

“We, therefore, hold that the actual and necessary trrveling expenses of the employee of the Department of Public Safety, if he traveled to California under the ccauaissfon of the Governor as the Qovernox’s agent to return to this State such figitlve Promjustice, are to be paid from the appropriation provided the Covernor for returning fugitives from justiae, and upon the certificate of the CoVernor reciting the services rendered and the allov#anoe therefor.” Weadhere to the ruling there made in accordance with the Supreme Court’s decision above quoted. SUMWIRY The actual andnecessary travelin,? expenses of aperson commiseioaed by the Governor as agent to return to this State a fup,itioe from justice, are to be paid from the appropriation provided the Covernor for returning fugitives from justice, and upon the certificate of the Governor reciting the services rendered andthe allowance madetherefor. Art. 1006V.C.C.P. Yours very truly ATTORN’EY

CENERAL

OFTEXAS

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