### 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 'outof state witness agpearingbefore 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*bythe Texas State Board of Medical Exminers to appear befdre it may be paid his travelingexpenses out of monies appropriatedto the Texas State Board of ledical Examiners. The Texas;StateBoard of Idedlcal Examinershas the power '!to

issue subpoenas,and subpoenasduces tecum to compel,the attendanceof witnesses,the ,production of books, records and documents,to admihisteroaths and to take testimony concerningall 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 EIedicalRxaminers 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,toadmit 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 chargesmay 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 respondentor his counsel at least ten days prior thereto. The Board thereupondetermine ihi charges upon theirmerits.' Item 

### 3 of the current appropriationto the Texas State Board of Hedical Examiners reads as follows: "For the Years Ending August 31, 1966 August 31, 1967 

### “3. Consumablesupplies,and materials,current and recurring operating expense (excluding Board a.nd

Staff travel),contingent expenses,expenses for enforcement

purposes and court costs (includingtravel expense for witriesses,

publicationof of notices,purchase of evidence, and legal fees), and capital outlay
. . .'. ,. . . (Emphasis

added). 23,900 23,900"
The presence of the witness in questionwas necessary inworder for the Board~-%oTVcarry out its duties prescribedby

. -Therefore,the~Legislature has specifically

authorized the payment of travel expense for necessarywitnessesand, since,suchexpenditureis a necessary expense to the performance of the duties providedby law for the Texas, State Board of Medical Examiners,. it is our epiniouthat such expenditure does not constitutea gift or donationwithin the meaning of Section 

### 51 of Article III ~ofthe Constitutionof Texas. You are thereforeadvised that the travel voucher submittedwith your request is due and payable.

Travel expense foran out of state witness appearingbefore the Texas State Board of
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### 3 (C-606)

Medical Examiners in obedienceto a subpoena is payable by virtue of the provisionsof 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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