Untitled Texas Attorney General Opinion, GA-0888

Texas Attorney General opinion addressing whether a county prosecutor must obtain presiding-judge approval before advancing travel funds to a nonresident witness.
This involves a county using a credit card to pay travel expenses for nonresident witnesses subpoenaed in criminal cases, funded from court operations budget.
Questions concern Article 35.27: whether preapproval by the presiding judge is required before advancing funds.
Article 35.27 allows counties to advance funds up to a reasonably necessary amount, and reimbursement is provided by the state if the witness is entitled.
Reimbursement and assignment rights depend on a sworn application and eventual approval by the presiding judge and Comptroller.
The opinion concludes no mandatory preapproval is required; reimbursement policy is determined by statute and county policy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Article 35.27 require presiding-judge preapproval before advancing funds?	Ligon argues preapproval is required.	Abbott argues no express preapproval requirement.	No preapproval required by statute.
Can a court deny reimbursement solely because there was no preapproval?	N/A	N/A	Reimbursement rights depend on sworn application and statutory process, not preapproval.
What are the rights and process once a county advances funds for a nonresident witness?	N/A	N/A	County can be reimbursed by the state as assignee if the witness is entitled to reimbursement under Article 35.27.

R.R. Comm'n of Tex. v. Tex. Citizens for a Safe Future & Clean Water, 336 S.W.3d 619 (Tex. 2011) (statutory interpretation guiding plain-language analysis)