Texas Attorney General Opinion: H-107 Page: 9 of 11
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The Honorable Robert S. Calvert, page 9 (H-107)
I
13. "Expenses of witnesses
in felony cases or before
a grand jury summoned
under the provisions of
Article 24. 28, C. C. P.
to attend and testify in
this State. 6, 000 6, 000
14. "To pay the Deficiency
Certificates issued by the
State Comptroller under
the provisions of Article
35. 27, C. C. P. for witness
fees issued for the fiscal
year beginning September 1,
1971 through August 31, 1972, 2, 000"
Paragraph (b) of 4 of Article 24. 28 adopts the provision of Article
35. 27 with respect to the compensation of non-resident witnesses.
It will be observed that Item 13 in the Appropriation Bill does not
confine itself to a particular type of expense, such as witness fees or
mileage. Therefore, in our opinion, this language is broad enough to
constitute an appropriation of funds with which to reimburse an out-of-state
witness, not only for the travel and living expenses referred to in 1 and
2, but also the "other expenses" referred to in 3 of Article 35. 27, as
amended. As noted above, item 13 is limited to felony cases and apparently
no money has been appropriated to pay out-of state witnesses who appear in
any kind of misdemeanor case under the provisions of Article 24. 28.
SUMMARY ,
1. Under the provisions of Articles 24. 28 and
35. 27, Texas Code of Criminal Procedure, as amended
by House Bill 844, both out-of-state witnesses and out-p. 514
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-107, text, September 20, 1973; (https://texashistory.unt.edu/ark:/67531/metapth270630/m1/9/: accessed July 11, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.