NEY GENERAL 

cm TEXAS 

Honorable D. C. Greer 

State Highway Engineer 

Texas Hi 

Austin 1 &" 

way Department 

, Texas 

Dear Mr. Greer: 

Your request 

"During 

Opinion No. 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 negotiations are unsuccessful, to exercise the right of eminent domain 

with some acquisitions attaining civil suit 

status. .Often times, where testimony is to 

be'taken, the service of an ~official court 

reporter is not available and arrangements 

are made for testimony to be taken by a stenographer or reporter specifically employed. 

"Listed are five questions pertinent to 

the use'of a stenographer or reporter where 

the service of an official court reporter Is 

not available. It is requested that an opinion be rendered doncernlng the status of the 

stenographer or reporter so employed, and the 

payment of such services. 

"1 . In a civil suit where testimony is 

to be taken in the absence of an official 

court reporter, does the stenographer or reporter employed by either party become an official court reporter through appointment by 

the Judge? 

“2 . If the answer to No. 1 is in the affirmative, are the fees charged for the services so rendered governed 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 testimony under Article '2327, R.'C.S. and 

set per diem rate and allow additional reimbursement for meals and travel? 

!I r Is there any other provisions of the 

law whz&by the State of Texas ma do the same 

thing as related in q?z~estion No. .fl ?" 

Articles 2327 and 2327d, Vernon's Civil Statutes, provide: 

Art. 2327: 

"When'either party 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 'shall receive 

not less than five dollars 'per day, to be taxed 

and collected as coats. Insuch cases the provisions of this title with respect'to the preparation of the' statement of facts, the time to 

be allowed therefor, and'for the presentation 

to the opposite party, and the approving and 

filing thereof by 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 hearings had before the County Judge of the 

counties of Texas, for the information of the 

Court and parties that may be interested therein, 

the Judge of the County Courts of Texas may appoint an official shorthand reporter for such 

Court who shall be well skilled in his profeesion, shall be a sworn officer of the Court, and 

shall hold 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 'for District Courts 

shall apply, in so far as applicable to the 

official shorthand reporter herein authorized 

to be appointed by the County Judge of the 

County.Courts of Texas, and such shorthand 

reporter shall receive a salar 

7 

not to exceed 

Twelve Hundred Dollars ($1,200 annually to be 

paid in equal monthly installments out of the 

County Treasury of the various counties upon 

order of the Commissioners Court. Provided, 

that in counties having a populationof not 

less thanfive hundred thousand (500,000) lnhabitants, ackording to the 'last preceding 

Federal 'Census, or any future Federal 'Census, 

there may be paid to the official shorthand 

reporter~for the County Court 'of such'couqty a 

salary to be fixed by the County Judge and approved by the Commissioners Court not to exceed Five,Thouaand, Five Hundred Dollars '($5,500) 

per annum, payable in equal monthly installments, 

in addition to compensation for transcript fees 

as provided by 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);.Rice v. Roberts, '177 3.W. '149 (Tex.Clv.App. 1915, error 

dism.); Wichita County 'v. Griffin, 28kS.W.2d 253.(Tex.Civ; 

23~.(Tex~Civ~App~ AP 1955, error're 1;;3n:r.e.); Wright v. Peurifoy, 260 S.W.2d 

Whenever either party to a civil case pending~in the 

County Court shall apply therefor the Judge of the Court shall 

appoint a competent stenographer to 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 reporter may be appointed pursuant to the provisions of either Article 2327 or 2327d. 

The compensation (in addition to his salary or.per diem) 

of such court reporter la governed by the provisions of Article 2324, V.C.S., which provides in part: 

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

"When any 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 

shall make up such transcript and shall redelve as compensation therefor'the sum of 

not more 'than thirty cents perone hundred 

worda'for the original thereof, and in addition such reporter may make a reasonable 

charge, subject to the approval of the trial 

court if objection shall be made thereto, 

for postage and/or express charges paid; 

photostating, blue-printing or other reproduction of exhibits; Indexing; and preparation for filing and special blnding'of orlglnal exhibits. Provided furthpr, that in 

case any such reporter shall charge more than 

the fees herein allowed, whether by adcident 

or design, and shall refuse to make proper 

refund or correction of such charges, he 

shall be liable~to the person paying t,he same 

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 other method 

forfiroiiding for official court reporters in such courts 

is prescribed by.Jaw. 

(2) and (3) The fees 'for the 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 provisions whereby the State 

may provide for additional reimbursement for 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-