Case Information
*1 January 9th. 1239 Hon. we A.. stronlan
District Attorney
119th Judicial District of Texas
San Angelo, Texas
Dear Mr. Strcman: opinion xc,O-30 .,~
Rer Exp&me cf District Attorney. _
Your request for au opinion regarding the expense of a District Attorney has been received by th+a office. 1 _ Article 3886-f, Revised Civil Statutes of Ye=8 provides oompeaskt3.0~ for District Attcrneys amd the qame atatute.further provides:
eY?othing 5n thi8 Act shall be construed so as~to deprive Mstrict Attorneys of the expense all-cc allowed or which may hereafter be allowed by law.*
Article 6820, Revised Civil Statutes, prcvidem
"All Dietrict Judge6 and Diatriot Attorneys, when engaged in the discharge of their official‘duties'in spy Ccuntyin.'the State other than the County of their residence shall be allonsd their actual and necessary expense while actually engaged in the discharge of such duties."
not to exceed certain amountr as stipulated by said statute. Article~6823, RevSsad Civil Statutes, provides;
"The travelbe; and other necessary expenses incurred by the var$ous officers, assistanta, deputies, clerks and &her employww in the various departments, inatituticm, boards, ccmnissicna or other nub divisions of the State 6ovWnment, in the active discharge of their duties shall be such as are specifically fixed and appropriated by the Legislatnre iu the general appropriation bills providing for the s-se* of the State Sovermucxt from year tc year. When approRri- ationa for traveling expenses arc made any allowances or pagmeats to offiaials or employeoa for the use cf privately onned authcmobiles shall be 011 a basis of actual mileage traveled for ea-ch trip or all trips covered by the expense accounts suhnitted for payment or *2 HOn. W. A* Stroman, January 9th. 1939, Page No. 2, O-30
allowance from such appropriations , and such payment or allovauce shall be made at a rate not to exoeed five (66) cents for eaoh mile actually traveled, and no additional expense incident to the operation of such automobile shall be allowed."
Texas Jurisprudence, Volume 34, Page 633, Section 116, provides:
"dn allowance for expense incurred, in addition to compensation fixed
by the Constitution, may be valid and statutes provide for the necessary expense incurred by various State and County officers in the performance of their official duties."
In view of the foregoing authorities, it is the opinion of this Department, that the District Attorney may collect his actual and necessary expense while actually engaged in the disoharge of suoh duties not to exoeed the amount prescribed by law.
Trusting that the foregoing enswers your inquiry, I remain.
Yours very truly, ElT.ORNEY GiXNERAL OF T!?XAS s/ Ardell Williams
By Ardell Williams
Assistant
AW:OMBILW
APPROVgDs
Gerald C. IAenn
&lTOmEY GJixmRAL OF TEXAS