### NEY GENERAL
cm TEXAS

Honorable D. C. Greer State Highway Engineer Texas Hi Austin 1&"

way Department

, Texas
Dear Mr. Greer:

Your request "During OpinionNo. C-109
Re: Appointment of officlal court reporter under the facts submitted. for an opinion reads as follows: the course of highway rights of way acqulsltion It octiaslonally becomes necessary,where negotiationsare unsuccessful, to exercise the right of eminent domain with some acquisitionsattaining civil suit status. .Oftentimes,where testimony is to be'taken, the service of an~officialcourt reporter is not available and arrangements aremade for testimony to be taken by a stenographer or reporter specificallyemployed. "Listedare five questionspertinent to the use'of a stenographeror reporterwhere the service of an official court reporter Is not available. It is requested that an opinion be rendered doncernlng the status of the stenographeror reporter so employed,and the payment of such services. "1

. In a civil suitwhere testimony is to be taken in the absence of an official court reporter, does the stenographeror reporter employedby either party become an official court reporter through appointmentby the Judge?

“2

. If the answer to No. 1 is in the affirmative, are the fees charged for the services so renderedgoverned by Articles 2324 and 

### 2327? "3. If the answer to No. 1 Is In the negative,who sets the compensation?

-538-Hon. D. C. Greer,page 2 (C-109)



### “4. Could the State as a party to the suit request an official court reporter to take testimonyunder Article '2327,R.'C.S. and set per diem rate and allow additional reimbursement formeals and travel? !I r Is there any other provisions of the law whz&by the State of Texasma do the same thing as related in q?z~estion No. .fl ?" Articles 2327 and 2327d,Vernon's Civil Statutes,provide:
Art. 2327:

"When'eitherparty to a civil case pending in the county court or county court at lati'appllestherefor, the judge thereof shall appoint a competent stenographer, if one be present, to report the oral testimony given'in such 6ase. Such stenographer shall take the oath ~requlred of official court reporters;and 'shallreceive not less than five dollars 'perday, to be taxed and collected as coats. Insuch cases the provisions of this titlewith respect'to the preparation of the'statement of facts, the time to be allowed therefor, and'for the presentation to the oppositeparty, and the approving and filing thereofby the~court,shall apply to all statements of facts In civil cases tried **In** said courts~,

and all provisions of law governing statement of facts and bills of exception to be filed in district courts and the use of same'on appeal; shall apply to civil cases tried In said courts."
Art. 2327d:
"For the purpose of preserving a record of all hearingshad before the County Judge of the counties of Texas, for the informationof the Court and parties thatmay be interested therein, the Judge of the County Courts of Texasmay appoint an official shorthandreporter for such Courtwho shallbe well skilled in his profeesion, shallbe a sworn officer of the Court, and shallhold office at the pleasure of the County Judge, and all provisions of the Civil Statutes

-539-Hon. D. C. Greer,page 

### 3 (C-109)

of the State of Texas relating to the appointment of stenographers 'forDistrict Courts shall apply, in so far as applicable to the official shorthand reporterherein authorized to be appointed by the County Judge of the County.Courtsof Texas, and such shorthand reporter shall receive a salar7 not to exceed Twelve Hundred Dollars ($1,200 annually to be paid in equalmonthly installmentsout of the County Treasury of the various counties upon order of the CommissionersCourt. Provided, that in countieshaving a populationof not less thanfive hundred thousand (500,000) lnhabitants, ackording to the 'lastpreceding Federal 'Census,or any future Federal 'Census, theremay be paid to the official shorthand reporter~for the County Court 'ofsuch'couqtya salary to be fixed by the County Judge and approved by the CommissionersCourt not to exceed Five,Thouaand,Five Hundred Dollars 

### '($5,500) per annum, payable in equalmonthly installments, in addition to compensation for transcript fees as providedby law, suoh salary to be paid out of the Officer's~

Salary Fund of such county." The appointment of official court reporters is governed by the provisions of' Articles 2327 and 2327d, Vernon's Civil Statutes. Otto 0. Wren; 

### 184,s.~.350 (Tex.Clv.App. 1916);.Ricev. Roberts,

### '1773.W. '149(Tex.Clv.App.1915, error dism.); Wichita County 'v.Griffin, 28kS.W.2d 253.(Tex.Civ; 23~.(Tex~Civ~App~ 1;;3n:r.e.);Wright v. Peurifoy, 260 S.W.2d AP 1955, error're

Whenever either party to a civil case pending~in the County Court shall apply therefor the Judge of the Court shall appoint a competent stenographerto report the oral testimony given in such case. Article 2327, V.C.S ; Otto v. Wren, aupra, and Rice v. Roberta, supra.

The Judge of the County Court is also authorized to appoint an official court reporter for such Court pursuant to the provisions of Article 2327d,V.C.S In our opinion, an official court reportermay be appointedpursuant to the provisions of either Article 2327 or 2327d.

The compensation (inaddition to his salary or.per diem) of such court reporter la governedby the provisions of Article 

### 2324,V.C.S.,which provides in part:

-540-Hon. D. C. Greer, page 4 (C-109)

"Whenany party to any auft reported by any such reporter shall desire a.transcript of the evidence In sald suit; said party may apply for same and the reporter shallmake up such transcriptand shall redelve as compensationtherefor'the sum of not more 'thanthirty cents perone hundred worda'for the original thereof, and in addition such reportermay make a reasonable charge, subject to the approval of the trial court if objection shallbe made thereto, for postage and/or express chargespaid; photostating,blue-printing or other reproduction of exhibits; Indexing;and preparation for filing and specialblnding'of orlglnal exhibits. Provided furthpr, that in case any such reporter shall chargemore than the fees herein allowed,whether by adcident or design, and shall refuse to make proper refund or correction of such charges,he shallbe liable~to the person paying t,hesame a sum equal to four times the excess so paid."
In view of the foregoing,we answer your questions as follows:

(1) The official court reporter of the County Court or County Court at Law may be appointed pursuant to the provislona~of Article 2327d, or 2327, V.C.S. No othermethod forfiroiiding for official court reporters in such courts is prescribedby.Jaw.

(2)and 

### (3) The fees 'forthe services rendered~by the offlclal court reporter are governed by the provisions of Article 2324, V.C.S.

(4) The State cannot allow additional reimbursement for meals and travel to an official court reporter.



### (5) mere are no other provisionswhereby the State may provide for additional reimbursementfor meals and travel.

SUMMARY The appointment of official court reporters in County Courts and County Courts at Law la governed by:the'pra: vlsione of Articles 2327d and 2327,

-541-Hon. D. C. Greer,

### page 5 (C-log)

Vernon's Civil Statutes. The compensation of official court reporters Is provided for'by the provisions of Article 2324, Vernon's Civil Statutes. The State cannot allow additional reimbursement for meals and travel.

Yours very truly, WAGGONER CARR Attorney General

JR:wb:ms
APPROVED: OPINION COMMITTEE W: Vi Geppert, Chairman T. B. Wright William Osborne Edward R. Moffett Roger Tyler APPROVED FOR THE ATTORNEY GENEXAL By: Stanton Stone

-542-