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B-214863 1 (1984-07-23)

handle is hein.gao/gaobadlup0001 and id is 1 raw text is: ~THE COMPTROLLER UENENAL OECISION OF THE UNITED STATES WASHINGTON, 0.C. 20540 FILE: B-214863 DATE: July 23, 1984 MATTER OF: Texas State Court Juror Fees DIGEST: By a 1979 amendment to the Texas statute which authorizes pay of jurors, the term per diem was substituted for the term compensation, which was used in the derivative statute. In spite of this change in the statutory terminology, federal employees who are entitled to leave for jury duty while serving as jurors in Texas state courts may not retain any amount received for such jury service under the relevant Texas statute, because there is no indication in that statute that the fees, or any portion thereof, are intended to be an expense allowance or reimbursement for travel. This action is in response to a request for a decision as to whether employees of the Treasury Department who reside in the State of Texas may, under the provisions of 5 U.S.C. S 5515, retain jury fees received for service in Texas state courts, in view of a 1979 amendment to the Texas statute authorizing pay for jurors.1 Employees may not retain jury fees paid under this Texas statute. Article 2122 of the Texas Revised Civil Statutes Annotated, which provides for the pay of jurors, formerly characterized this pay as compensation, and pursuant to 5 U.S.C. S 5515 it has been the policy of the Treasury Department to require Treasury employees who reside in Texas to remit to the federal government any fees received for jury service in Texas state courts. In 1979, Tex. Rev. Civ. Stat. Ann. art. 2122 was amended for the purpose of increasing the amount of fees payable under that statute. However, in the amended statute the term per diem is used instead of the term compensation, in the sentence relating to establishing rates. As a result we are asked whether our decisions holding that certain jury fees may be retained by 1 This request for this decision was submitted by Mrs. Carole Jones Dineen, Fiscal Assistant Secretary, Department of the Treasury, Washington, D.C. o01q

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