Untitled Texas Attorney General Opinion ( 1939 )

HonorablePrank R. Murray County Attorney Carson County Panhandle,Texas Dear Sir: OpinionNo. O-1304 Re: Shotida sheriffwho is compensatedon a fee basis be paid k$ per mile for the use of his car on officialbusiness? Your requestfor an opinionon the above etatedquestionhas been received by this department. Your requestfor an opinionon the above mentionedquestionrefers to our opinionNO. o-930. That opinionholds ,thata sheriffwho receivesa salaryas compensationfor his servicesphouldbe paid the sum of four (44) cents for each mile traveledby automobilein the dischargeof official businesswhere the automobileis owned by the sheriff. We enclosea copy of this opinionfor your convenience. Section a of Article 3699,Vernon'sCivil Statutesreads as follows: "At the close of each month of his tenure ofoffice each officernamed herein who is compensatedon a fee basis shall make as partof the report now requiredby law, an .iitemized.and sworn statementof all the actualand necessaryexpensesincurredby him in the conductof his office,such as stationery,stamps,telephongpremiumson official bonds, includingthe cost of suretybonds for his deputies,premium on fire, burglary,theft,robbery insurance protectingpublic funds, travelingexpansesand other necessaryexpenses. The Commissioners' Sourt of the county of the sheriff'sresidencemay, upon the written and sworn applicationof the sheriffstatingthe necessitytherefor, purchaseequipmentfor a Bureau of CriminalIdenificationsuch as cqmeras,fingerprintcards, inks, chemicals,microscopes,radio and laboratoryequipment,filing cards,filing cabinets,tear gas and other equipmentin keepirgwiththe system in use by she Depsrtment of Public Safety of this State or the United States Departmentof Justiceand/or Bureau of Cr~ininal Identification.If such expenses be indurredin connectionwith onyxparticularcase; such statement ehae~:``rhe;l,-n~chP;iiB~s``!1~0 :i2.ch~ Gx3e1 Such expenseaccount shall be subjectto the audit of the CountyAuditor,if any, otherwiseby the Commissioners' Court;and if it appearsthat any item of such expensewas not incurredby such officeror such item was not a Hon. Frank B. Murray,Page 2 (o-1304) necessaryexpenseof office,such item shall be by such auditoror court rejected,in which case the collectionsof such item may bs adjudicatedin any court of competentjurisdiction.The amountof salariespsid to Assistantsand Deputiesshall also be clearlyshown by such officer, givingthe name, positionand amouut paid each; and in no event shall any officershow any greateramount than actually paid any such Assistantor Deputy. The amount of such expenses, togetherwith the amount of salariespeid to Assistants,Deputiesand Clerks shall be paid out of the fees earnedby such officer. The Commissioners' Court of the countyof the sherifflsresidencemay, upon the writtenand sworn spplioatior of the Sheriffstatingthe necessitytherefor,allow one or more suto~%5Gleeto be used by the Sheriff in the dischargeof his officialduties,which, if purchased by the County,shall be bought in the manner prescribedby law for the purchaseof suppliesand paid for out of the OeneralFund of the countyend they ~hallba and remain the propertyof the county. The expenseof maintenance,dapreciationand operationof such automobi:les as may bs allowed,whether purchasedby the countyor amed by the Sheriffor his Deputiespersonally,shall bs peid for by the Sheriff and the amouut thereofshall be reportedby the Sheriff,on the rept above mentioned,in the same manner as herein providedfor other expenses." Sectionb of Artiale 3899, supra,which providesthat where the automobile or automobilesare owned by the sheriffor his deputies,they,shallba allowedfour (9) oents for each mile traveledin the dischargeof official business,which sum shall cover all expensesof the maintenance,lepreciatlon and oparationof such automobilesappliesonly to the sheriffswho receive salariesas compensationfor their servicesand does not apply to shari~ffs who are compensatedon a fee basis. Sectiona of Article 3899, supra,L'rovides for the actualand necessarytravelingexpensesof sheriffswho are compeu- sated on a fee basis and furtherprovidesthat such expensesshall ba peid out of the fees earnedby such officer. In view of the foregoingstatutesyou are respectfullyadvisedthat it is the opinionof this departmentthat Section b of Article 3899 does not apply to a sheriffwho is compensatedon a fee basis, and that such sheriffis not entitledto four (44) cents per mile for the use of his car on official business. Trustingthat the foregoingfully answersyour inquiry,we remain. Yours very truly, ATTORNEYCEWEPALOFTEXAS APPROVED OCT. 20, 1939 s/ GEZALD c. MANN a/ ArdellWilliams ATl!CPNE'i~LOFTEXAS APPROVE?OPINION COMMITTEF BY BY B. W. B. Ardell Williams CHAIRMAN Assistant AW:jm