Case Information
*1 AUSTENILTEXAS PIPICE DANIEL
ATT"R_YEY CAY-SAIAL
Kay 5, 1947 Hon. Homer Garrison,Jr.,Director,
Texas Department of Public Safety, Austin, Opinion No. V-186 Texas
Re: Legality of reimbursement or actual travel or an agent commissioned by the Governor from a foreign county a rugitire fmm justice.
Dear Sir:
Your request for an opinion by this department upon the above subject matter
"On February 14, 1947, the Hon. Beauford Jester, Governor of the State of Texas, ap- pointed Texas Ranger R.'L. Badgett and Mr.
J, L. Jameson, Sheriff of Montague County, Texas, as Agents of the Governor and of the State of Texas to proceed from the State of Texas to Santos, Brazil, S.A., for the pur- pose of returning one Irvin (loodspeed, a fug- itive from this State who stood charged with the offense of murder in Mon- tague County, Texas,
"Upon receiving notification from the Gov- ernor of Texas that R. L. Badgett, Texas Ran- ger, a member of this Department, had been ap- pointed as Agent for the Governor and for the State for the purposes above enumerated, I in- structed him to proceed in his capacity as an Agent of the State to Santoa, Brazil, to per- form the mission as directed by the Governor.
"We would appreciate if you would an- swer the following questions, as Texas Ranger Badgett desires to present his expense ac- count for payment to the State for reimburse- ment of monies expended, on authority of the Governor's Commission:
“1. Would Texas Ranger Badget be limited
to the Five Dollar ($5.00) per diem limitation for State employees, or could he be reimbursed incurred even though these expenses exceeded Five Dollars ($5.00) per day?
n2. Due to the fact that Ranger Badgett
was in a foreign country where English was not generally understood, it was impossible for him to receive reeeipts for such items as taxi fares, etc. Un- der the circumstances, therefore, could the State of Texas reimburse him for expenditures that he nade in executing the directive of the Governor?” Your questions cannot be answered categorical- The mat.ter is controlled by Article 1006 of the Code ly. of Criminal. Procedure of Texas) the pertinent portion of which
“Pay of agent. -- The officer or person so commissioned shall receive as compensation the actual and necessary traveling upon requisition of, the Governor to be allowed by such Governor and to be paid out of the State Treasury upon a certificate
ernor reciting rendered and the ailowance therefor.
In Brightman vs e Sheppard, 122 Tex, 318, 59 S.
W, (2d) 112, it is said:
“Article 1006 in plain and specific terms stipulates that ‘the officer or person so com- missioned shall receive such compensation only as the Governor shall allow for such service.’ The services referred in this article are not the limited services covered by the proviso of the act heretofore to; that is, while traveling beyond, the state line. It has reference to the entire services of the agent in performing the delegated task. In language too clear to admit of doubt is provided, that for ‘such services’ the only compen~sation which may be determined by the Governor,
“The act of the codifiers of 1923 in ellmi- natl .ng the proviso contained in the act of 1923 and substituting in lieu thereof article 1006,, with the change heretofore to, when adopted by the Legislature, manifested an unmis- takable intention upon the pertof lawmaking body to require an offiaer oP other person per- forming the services of returning a fugitive from from enother state, under aommis- sion from the governor of this state, look alone for compensation to the provisions of arti- cle 1006 .‘I
ri’his Department, in Opinion No. O-4444, follow- ing the Brightman case, said:
“We, therefore, hold that and necessary trrveling of the employee of the Department of Public Safety, if he traveled to California under the ccauaissfon ernor as the Qovernox’s agent to return to this State such figitlve Prom justice, are to be paid from the appropriation provided the Covernor for returning fugitives from justiae, and upon the certificate of the CoVernor reciting the services rendered and the allov#anoe therefor.”
We adhere to the ruling there made in accord- ance with the Supreme Court’s decision above quoted.
SUMWIRY
The actual and necessary travelin,? of a person commiseioaed by the Governor as agent to this State a fup,itioe from justice, are to be paid from the appropriation provided the Covernor returning fugitives justice, and upon the certificate of the Governor reciting rendered and the allowance made there- Art. 1006 V.C.C.P. for.
Yours very truly ATTORN’EY CENERAL OF TEXAS 0S:wb: jrb Assistant