Texas Attorney General Opinion: WW-1466 Page: 4 of 5
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Hon. Robert B. McLeaish, Jr., page 4 (WW-1466)
to all other compensation permitted or au-
thorized by law, receive their actual ex-
penses in going to and returning from their
several assignments, and their actual living
expenses while in the performance of their
duties under assignments, which expenses
shall be paid out of the General Fund of
the county in which their duties under as-
signments are performed, upon accounts certi-
fied and approved by the Presiding Judge of
the Administrative District."
In view of the foregoing provisions and under the facts
submitted, the presiding judge is entitled to $25.00 per day
for each day or fraction thereof spent outside of his district,
in addition to and cumulative of all other compensation and
expenses authorized by law, and is entitled to his actual ex-
penses in going to and returning from and his actual living
expenses while in the performance of his duties under the as-
We know of no constitutional or statutory authoriza-
tion which would permit a judge hearing a case to be paid from
a fund consisting of contributions made by parties interested
in the outcome of a particular suit. You are therefore advis-
ed in answer to your first question that the presiding judge
cannot be paid traveling expenses or compensation from the fund
which has been created by contributions of various water users.
In answer to your second question, the presiding judge is to
be paid his actual expenses outlined above from the General
Fund of Hidalgo County (Section 10 of Article 200a, V.C.S.),
and is to be paid the $25.00 per diem by the State (Section 2a
of Article 200a).
We know of no provision either in the Constitution or
statutes of this State which authorizes the payment of travel-
ing expenses of a court reporter. His compensation consists
of salary and fees for the preparation of statements of fact.
You are therefore advised that the traveling expenses incurred
by the court reporter may not be paid by the State or County.
The preceding sentence is not to be construed as passing on
the authority of the parties to contract with the court reporter
to perform services for the use and benefit of parties seeking
the services of a court reporter.
A judge on an assignment to hold court
outside his own district pursuant to the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1466, text, November 1, 1962; (texashistory.unt.edu/ark:/67531/metapth268079/m1/4/: accessed December 17, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.