Untitled Texas Attorney General Opinion ( 1978 )

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The Attorney General of Texas
September 29, 1978
JOHN L. HILL
Attorney General
Honorable Bill Stubblefield Opinion No. H-1250
Williamson County Attorney
Williamson County Courthouse Re: Appropriation of county
Georgetown, Texas 78626 funds to provide space, equip-
ment, and supplies to official
court reporter for district court.
Dear Mr. Stubblefield:
You have asked whether Williamson County is required or authorixed to
provide an official court reporter office space, equipment, supplies and other
incidental items necessary to the performance of the reporter’s duties.
Each official court reporter is appointed by the judge of the court to
which the reporter is assigned and is a sworn officer of that court. V.T.C.S.
art. 2321. The duties of the reporter are set out in article 2324, V.T.C.S.
This statute provides that the reporter shall, upon request:
Attend all sessions of the ccurt; take full shorthand
notes of all oral testimony offered in cases tried in
said court, together with all objections to the admissi-
bility of the evidence, the rulings and remarks of the
court thereon, and all exceptions thereto; take fdl
shorthand notes of closing arguments when requested
to do so by the attorney for any party to such case,
together with all objections to such arguments, the
rulings and remarks of the court thereon, and all
exceptions thereto;
Preserve all shorthand notes taken in said court for
, An0qualOppoe”ni* future use or reference for three full years, and
A”irmMinAction
Em-
furnish to any person a transcript of all such evidence
or other proceedings, or any portion thereof as such
person may order, upon the payment to the official
shorthand reporter of the fees provided by the judge.
Additional responsibilities are set out in the Code of Criminal Procedure -
articles 1107 S 2(c), 36.27, 40.09(4), 52.07, and the Rules of Civil Procedure -
p. 4965
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Honorable Bill Stubblefield - Page 2 (H-1258)
Rules 272, 287. The reporter may have additional duties in the discretion of the
court. McCoy v. State, 2 S.W.2d 242 (Tex. Crim. App. 1928); Attorney General
Opinion M-248 (1968).
The court reporter is entitled to receive payment for travel expenses incurred
when discharging official duties in counties other than that of his residence.
V.T.C.S. arts. 2326-a, 2326a-1; Attorney General Opinion H-952 (1977). It is our
opinion that the commissioners court may pay any other expenses “necessary to the
office authorized by law.” V.T.C.S. art. 3912k S 3(a). We believe the legal
authorization for payment of these expenses is section 1 of article 3912k which
provides, in part: “the commissioners court of each county shall fii the amount of
. . . office expense . . . and all other allowances for county . . . employees who are
paid wholly from county funds, but in no event shall such salaries be set lower than
they exist at the effective date of this Act .v The reporter’s salary is wholly paid by
the county although it is set by order of the judge of the reporter’s court and
although the reporter receives additional fee compensation from other sources.
V.T.C.S. art. 3912k, SS 1, 3, 5. See Attorney General Opinion H-200 (1974). Cf.
Attorney General Opinion H-35 09751. It is therefore our opinion that the cou%
may furnish the items you inquire about if reasonably necessary for the
performance of the court reporter’s duties. E Attorney General Opinion H-R64
(1978). This was the widespread practice in the state when the legislature enacted
article 3912k and therefore we believe that the legislature at that time acouiesced
in thii practice by the counties. 35 S.W.2d 696
(Tex. 1931); Calvert v. Kadane, 4 orney General
Opinion WW-1484 (1962). The commissioners court has the discretion to decide
which expenses to bear.
SUMMARY
The commissioners court has reasonable discretion to
authorize the payment of office expenses of an official
court reporter.
Very truly yours,
APPROVED: u
DAVID M. KENDALL;First Assistant
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Honorable Bill Stubblefield - Page 3 (H-1250)
Opinion Committee
p. 4967