OIRNEY 

OF TEXAS 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Capitol Station 

Austin, Texas 

Opinion, NO, W-369 

Re: Authority of the Comptroller to issue warrant 

in payment of traveling 

expenses to a District 

Judge under Article 1620, 

Vernon's Civil Statutes, 

Dear Mr. Calvert: upon the facts submitted, 

We have received your letter of January 31, 1958, 

in which you request our opinl.on as to the, propriety of 

Issuing a reimbursement warrabt to a District Judge of a 

District composed of two or more counties to cover his 

travel expenses for a round trip to Austin, Texas, to confer with the Director of the Texas Department of Public 

Safety to secure an officer to wait upon the District Court 

of one of the counties In his District. 

Authority for payment of this District Judge's 

travel expenses is contained in Article 6820, Vernon's 

$1~11 Statutes, but is limited to those expenses incurred 

. . when engaged in the discharge of their official 

duties in any county in this State other than the county 

of their residence". (Emphasis ours) 

While public officers are, for some purposes, agents 

of the public and of the community which they represent, 

their duties and authority are defined and limited by law, 

and they have no general authority to bind the public. 

They possess only such powers as.~;are expressly conferred 

upon them by law, or which are necessarily implied therefrom. 34 Tex. Jur. 440, 441, Public Officers, Section 67. 

Section 23, Article V, Constitution of Texas, establishes the office of Sheriff in each county; and It Is well 

recognized that the Sheriff is available to wait upon the 
Honorable Robert S. Calvert, Page 2 (W-369) 

District Court and to nerform its administrative and ministerial functions. (Beicher, et al v. Cassidy Brothers 

Livestock Commission Co., b2 S W 924, writ of error denied; 

Hartson, Sheriff, et al v. Lanieion, et al, 292 S.W. 648, 

writ of error refused; 38 Tex. Jur. 142 Sheriffs, Section 

2). 

That the Legislature Intends the Sheriff to provide such service to the District Court Is made clear by 

Article 3988, Vernon's Civil Statutes, directing payment 

to the Sheriff for such service. 

Since your letter states no facts which would 

bring the act within the limits of authority of the District 

Judge, and, thereforeA within the meaning of "discharge of 

their official duties as used in Article 6820, Vernon's 

Civil Statutes, we are of the opinion, and you are so advised, that reimbursement for expenses so incurred is not 

authorized by such Article. 

SUMMARY 

Reimbursement of a District 

Judge's travel expenses incurred in a trip to Austin 

for the purpose of securing 

an officer to wait upon the 

Court Is not authorized by 

Article 6820, Vernon's Civil 

Statutes, such trip not 

being in "discharge of their 
. 

Honorable Robert S. Calvert, Page 3 (W-369) 

official duties" upon the 

facts submitted. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

Tom I. McFarling 

Assistant 

T1M:ws.m~ 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Cecil C. Rotsch 

J. Mark McLaughlin 

J. Milton Richardson 

John H. Minton, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert