Attorney General Opinion GA-0700

ATTORNEY GENERAL OF TEXAS GREG ABBOTT March 19, 2009 The Honorable Elton R. Mathis Waller County Criminal District Attorney 846 Sixth Street, Suite #1 Hempstead, Texas 77445 Dear Mr. Mathis: Opinion No. GA-0700 Re: Reimbursement for the court reporter ofthe 506th District Court (RQ-0746-GA) Your request concerns reimbursement for the expenses of the court reporter for the 506th Judicial District, which consists of Waller and Grimes Counties.! See TEx. GOV'T CODE ANN. § 24.5995 (Vernon SUppa 2008). You ask whether Government Code section 52.055 sets exclusive limits on reimbursement for the expenses ofcourt reporters serving in multi-county districts, absent a special statute, or whether counties within the district may pay court reporter expenses equivalent to those paid other officers and employees ofthe county. Request Letter at 1. An official court reporter appointed by the judge ofa district court is paid a salary set by the judge and paid by the commissioners court. See TEX. GOV'T CODE ANN. §§ 52.041, .051(a), (c) (Vernon 2005); see also id § 52.054(a) (salary of court reporter for multi-county district shall be apportioned among the counties in proportion to population). When the court reporter of a multi- county district court performs official duties in a county other than the court reporter's county of residence, section 52.055 entitles the court reporter to reimbursement for actual and necessary expenses, subject to a statutory maximum amount. See id § 52.055(a)-(b), (d). The expenses are reimbursed by the county for which the expenses were incurred. See id § 52.055(c). Local Government Code section 152.011, which requires the commissioners court to set the expenses for county employees, does not apply to the court reporter ofa district court, who is not a county employee within that statute. See Gill-Massar v. Dallas County, 781 S.W.2d 612, 616-17 (Tex. App.-Dallas 1989, no writ) (construing section 152.011 of the Local Government Code). Thus, Waller and Grimes Counties are not authorized to pay expenses ofthe court reporter ofthe 506th District Court equivalent to those paid county officers and employees under section 152.011. We can no longer rely upon Attorney General Opinion H-1250 (1978), which stated that the IRequest Letter at 1 (available at http://www.texasattomeygeneraLgov). The Honorable Elton R. Mathis - Page 2 (GA-0700) predecessor ofLocal Government Code section 152.011 authorized the commissioners court to pay the expenses ofthe court reporter for the district court.2 See id The district court reporter may receive, in addition to fees, "other necessary expenses authorized by law." TEx. GOV'TCODEANN. § 52.051(a) (Vemon2005). Section 52.055 authorizes reimbursement for expenses ofa district court reporter only when the court reporter performs duties outside ofthe reporter's county ofresidence. We find no statute authorizing reimbursement to the court reporter ofthe 506th District Court for expenses in the court reporter's county ofresidence.3 2A district court has the inherent power to compel the commissioners court to spend public funds that are reasonably necessary for the court to carry out its mandated responsibilities. See Vondy v. Comm'rs Court o/Uvalde County, 620 S.W.2d 104, 109-10 (Tex. 1981). 3See generally TEX. GOV'T CODE ANN. § 52.057 (Vernon 2005) (providing allowances for office and travel expenses in county ofresidence for court reporters of specific districts, not including the 506th). We note that Senate Bill 812 has been filed and would, as proposed, amend section 52.057 to require that court reporters ofthe 506th Judicial District receive reimbursement for actual and necessary expenses, including travel expenses. See Tex. S.B. 812, 81st Leg., R.S. (2009). The Honorable Elton R. Mathis - Page 3 (GA-0700) SUMMARY When the official court reporter ofthe 506th District Court performs official duties in a county other. than the court reporter's county ofresidence, the courtreporter is entitledto reimbursement by the othercounty for actual and necessary expenses under Government Code section 52.055, subject to statutory limits. Section 152.011 of the Local Government Code does not authorize the commissioners court to set and pay the expenses of the court reporter for a district court. ANDREW WEBER First Assistant Attorney General JONATHANK. FRELS Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Susan L. Garrison Assistant Attorney General, Opinion Committee