THEATTORNEY GENE~RAL 

OFTEXAS 

H. HJ Crabb, K.D.,'Secretae 

Texas State Board of Hedical Examiners 

1714 Medical Arts'Bu?%U.ng 

Fort Worth, Texas 

Opinion Ho. C- 606 

Rer Authority to pay the traveling expenses of an 'out of 

state witness agpearing before the' Texas StateBoard 

Dear Dr. Crabbr 

of Medical Rx'aminers;~ in

obdience. to a subpoena. 

You have requested $h opinion as to whether an out 

of state witness who was subpoenaed *by the Texas State 

Board of Medical Exminers to appear befdre it may be paid 

his traveling expenses out of monies appropriated to the 

Texas State Board of ledical Examiners. 

The Texas;State Board of Idedlcal Examiners has the 

power '!to issue subpoenas, and subpoenas duces tecum to compel,the attendance of witnesses, the ,production of books, 

records and documents, to admihister oaths and to take testimony concerning all matters within its jurisdiction." Article 4509, Vernon's Civil Statutes. 

Article 4506, Qeimon's Civil Statutes, provides in part 

as followsr 

"The Texas State Board of EIedical Rxaminers shall have the right to cancel, 

revoke, or suspend the license of any practitioner of medicine upon proof of the violation of the law in any respect with regard 

thereto, or for a.ny cause for which the Board 

shall be authorized to refuse,to admit persons 

to its examination, as provided in Article 4505 

of the Revised Civil Statutes of Texas, 1925, 

as mended. 

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. - 

1. H. Crabb, M.D., page 2 (C-606) 

"Proceedings under this Article shall 

be begun by filing'charges with the Texas 

State Board of Medical Examiners.in kiting 

and under oath. Said charges may be made by 

any person or persons. The President of the 

Texas State Board of Medical Examihers shall 

set a time .and place for hear-g, and shall 

cause a copy of the charges toge,ther with a 

notice of the time and place fixed for hearing, to be served on the respondent or his 

counsel at least ten days prior thereto. The Board thereupon determine ihi charges upon their merits.' 

Item 3 of the current appropriation to the Texas State 

Board of Hedical Examiners reads as follows: 

"For the Years Ending 

August 31, 1966 August 31, 1967 

“3. Consumable supplies, and materials, current and recurring 

operating expense (excluding 

Board a.nd Staff travel), contingent expenses, expenses for 

enforcement purposes and court 

costs (including travel expense 

for witriesses, publication of 

of notices, purchase of evidence, and legal fees), and 

capital outlay . . .'. ,. . . 

(Emphasis added). 

23,900 23,900" 

The presence of the witness in question was necessary 

inworder for the Board~-%oTVcarry out its duties prescribed by 

. -Therefore, the ~Legislature has specifically authorized 

the payment of travel expense for necessary witnesses and, 

since,such expenditure is a necessary expense to the performance of the duties provided by law for the Texas, State Board 

of Medical Examiners,. it is our epiniouthat such expenditure 

does not constitute a gift or donation within the meaning of 

Section 51 of Article III ~of the Constitution of Texas. You 

are therefore advised that the travel voucher submitted with 

your request is due and payable. 

Travel expense foran out of state witness 

appearing before the Texas State Board of 

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M. H. Crabb, M.D., page 3 (C-606) 

Medical Examiners in obedience to a subpoena 

is payable by virtue of the provisions of 

Articles 4506 and 4509, 'Vernon's' Civil Statutes, and Item 3 of the current appropr~iation 

to the Texas State Board of Medical Examiners. 

Yours very truly, 

WAGGQNER CARR 

Attorney General 

Assistant 

JR:ms 

APPROVED: 

OPINION COMXITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

H. Grady Chandler 

Phillip Crawford 

Ben Harrison 

APPROVED FOR TRE ATTORREY GENERAL 

By: T. B. Wright 

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