Untitled Texas Attorney General Opinion ( 1984 )

.
The Attorney General of Texas
JIM MAllOX June 18. 1984
Attorney General
Subwm coun Suildlng Honorable Frank Blacek Opinion No. JM-170
P. 0. Box 12549
Criminal District Attorney
Austin. TX. 79711. 254a
512l4752501 Walker County Courthouse ES: Whether a county may re-
Telex 910/574-1357 1100 University Avenue imburse 8 come$s8io,aer for
Telecopier 5121475`` Huntsville, Texas 77340 payment of a traffic fine made
on behalf of a county employee
714 Jlckson. Suite 700
Dallas. TX. 752024509 Dear Hr. Blazek:
214l742-9944
You have asked whether e couaty msy reimburse an individual
commissioner for his out-of-pocket payment to county road equipment
4924 Albm* AVL, suite 150
operators for the amounts of treffic citations issued to them.
El Paso, TX. 799052793
915/533348( Essentially, you inquire whether thr county may pay traffic fines on
citations Issued to Individuals and to vhieh the individuals evidently
h pled guilty or no contest. It is our opinion that the county does not
.l Texas. Suite 7M) have the authority to pay a traffic or crimioal fine for vhich an
Houslon. TX. 77002~3111
individual alone Is liable.
713/223-5999
We belleve it is clear that 8 single county conmissioner cannot
SW Broadway. Suite 312 - bind a county to make this payseat. Information supplied to us
Lubbock. TX. 79401.3479 reveals the following facts: road repairs and maintenance vere being
505l747.5239 done under the direction of the county commissioner. This work
required gravel to be hauled. The commissiooer employed tvo
4309 N. Tenth. Suile S county-owned trucks and two iodepeodeotly-contracted vehicles for this
MCAIlm. TX. 75591.1955 purpose. All four of the drivers were issued citations by the
512!592-4547 Department of Public Safety for excessive veight and inadequate bed,
oo covering to prevent spilling of the load. See V.T.C.S. art.
200 Main Plaza. Suite 400 6701d-11, 113A, 5. The driver of one of the vehicles was a county
San Antonio. TX. 752052797 employee; he WBS issued two citstions. All four drivers pled no
51Y2254191 contest to the various citations (seveo in all) for vhich fines
totaling approximately $630.00 uere assessed and paid. Subsequently,
the county commissioner reimbursed out of his oun pocket this amount
An Equal Opponunityl
Affirmative Action Employer to the drivers. He now in turn seeks reimbursement from the county.
Pursuant to article 3899(b), V.T.C.S.. county officials who
receive a salary as compensation for their services are entitled to
“all reasonable expenses oecessary in the proper aod legal conduct” of
their offices. The statute explicitly applies to “county road
commissioners ,‘I Id. After application to the cosraissiooers court for
the ensuing month, actual expenses iocurred during that month are
submitted to the county auditor and commissioners court for approval
p. 747
Ronorable Frank Blasek - PagB 2 (J+170)
and payment if the claim is a "necessary or legal expense." Id. We
believe that a county commlssiooer, acting as ex offici~roed
commissioner, may not claim that he is entitled to reimbursement for
his own reimbursemeot to individuals who were cited with and pled no
contest to traffic citations received while engaged in county road
work. It was neither a necessary nor 8 legitimate expeoditure of
county funds to pay an individual's traffic fine Incurred in his
personal capacity, when it was not issued against the county itself.
See Penal Code 17.21 et seq. (criminal llabilitp of corporations and
~ociations). In short, the county commissioner's reimbursement of
traffic floes paid by the four drivers was at his own risk and expense
and is not a proper charge oo county funds. The expenses Incurred for
which payment is sought is not the payment of the traffic fines
themselves but the reimbursement to others who have paid those fines.
This action by the commissioner cao in no way inure to the benefit of
the county and, in our opinion, is an expense incurred by him in his
personal capacity. Cf. Hood v. State, 73 S.W.Zd 611 (Tex. Civ. App. -
Dallas 1934. writ ref'd) (neither money loaned by sheriff in a
personal capacity, nor any interest money paid thereio, oor by sheriff
in employing attorney was proper expense); Attorney General Opinion
O-2951 (1940) (medical expenses incurred by constable injured while
weighing vehicles not an expense of office).
SUHHARY
A county msy not reimburse a county
commissioner who himself reimbursed county road
equipment operators who were issued traffic
citations.
JIM HATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
p. 748
Ronorable Frank Blasek - Page 3 (m-170)
h
APPROVED:
OPINIONCOMMITTEE
Rick Gilpiot Chairman
David Brooks
Co110 Carl
Susan Garrison
Jim Moellinger
Nancy Suttoo
p. 749