Texas Attorney General Opinion: M-863 Page: 3 of 4
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Hon. Herbert Middleton, page 3
of the opinion that the amount of funds appropriated for such
purposes is within the discretion of the Legislature, and that
such amount is a matter for legislative determination. Attorney
General's Opinions No.WW-113 (1957) and No. V-1391 (1952).
We are further of the opinion that the question of ad-
vancing fees to out-of-State witnesses, prior to the performance
of their duties as witnesses, is one to be determined by the Leg-
islature.
Your question is, therefore, answered in the negative.
SUMMAR Y
Article 24.28, Texas Code of Criminal Pro-
cedure, contains no authorization permitting or
directing the advancing of county funds to a sub-
poenaed out-of-State witness while such witness
is waiting to be paid by the State. Accordingly,
counties are not permitted to make such advances
to such witnesses. Such witnesses are to receive
compensation solely from t State.
Sruly yours
RAWFOR C. MARTIN
ttorn General of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Pat Bailey
Houghton Brownlee
Joseph Sharpley
Arthur Sandlin-4190-
(M-863)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-863, text, May 19, 1971; (https://texashistory.unt.edu/ark:/67531/metapth270091/m1/3/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.