Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
April 20. 1904
JIM MATTOX
Attorney General
suprem ccull Bulkan(l
Mr. Roy lierria @htioD NO. JM-148
P. 0. Box 12S4S County Auditor
Au*tln. TX. 78711.2S4S Gregg County Courthouse Re: Whether article 23500.
512147s?Sm Longview. Texas 75606 V.T.C.S., relating to car
TIlex 9lcua74.1287
allowances for members of the
T&co~ler 512,47S028d
commissioners court was
repealed by article 3912k.
714 Jacknon.Suite 7M) V.T.C.S.
od*s. TX. 7s2024wS
214il42-8944
Dear Mr. Harris:
4824Alberta Ave.. suite 160 You have requested our opinion regarding the Interpretation of
El Paso. Tn 799052793 articlea 23500 and 3912k. V.T.C.S., both of which pertain to expense
0151u3Ju)4 allovancea for county officials. Article 23500 provides that for
,F~ counties of the population of Gregg County. each member of the
lb.,. rem, suite700 commissioners court is entitled to $100 per month for “traveling
“o”stOn. TX. 77002-3111 expenses and depreciation on his automobile while on official business
71w2xaS6 within the county.” V.T.C.S. art. Z=~Q.. 6-Z.. TX h. WV. q.+dmt. %?IMc
article 3912k repeals article 23500 and that the coamissionera court
is free to establish any level. of automobile expense allowances for
8w Broadway.suite 312
members .of the comlsaionera court so long as such allowances are
Lubbock,TX. 79401-2479
Scen47-S238 reasonably related to official county business. Article 3912k appears
,below in part:
43OQN. Tenth. Suite S
(T]he coPPliaaloners court of each county shall
MeAIm, TX. TedYJl-16Ss
SwaS24547 fix the amount of compensation. office expense,
travel expense, and all other allowances for
county and precinct officials and employeea who
200 uakl Plaza. sune 400 are paid wholly from county funds . . . .
San Antonio, TX. 7S2052797
5w2254101
V.T.C.S. art. 3912k. Cl.
An Equal Oppcdunllyl Article 23500 was first enacted in 1959. Acta 1959, 56th Leg.,
Attlr,“.tW Acllon Empiovr ch. 221. at 502. In 1971 section 3 wea amended to increase the car
allowance in counties vith a population over 124,000 from $125 to
$300. Acts 1971. 62nd Leg.. ch. 811. Sl at 2489 (this la not
reflected in the reported atatutea). -. The claw legialatlon ala0
repealed section 4 of article 23500 which had eet the car allowances
in counties with a population over 600.000 at $150. Acts 1971. 62nd
Leg., ch. 811. 02 at 2469. These amendments were passed during the
p. 640
hr. Roy Harris - Page 2 (JM-148)
same session of the legialaturc at which article 3912k was first
adopted, including its repealer provision:
To the extent that any local, special, or
general law, including Acts of the 62nd
Legislature, Regular Session, 1971. prescribes the
compensation, office expense, travel expense, or
any other allowance for any official or employee
covered by this Act, that law is repealed.
Acts 1971, 62nd Leg., ch. 622, 18, at 2019. Because 23500 prescribes
the travel expense or allowance for county commissioners. it was
repealed in 1971. In 1981, however, the legislature enacted a law
which updated various population bracket bills -- a provision of vhich
purported to repeal erticle 23500, section 3. which we have concluded
vaa repealed ten years earlier. One might infer, therefore, that the
portions of article 23500 not expressly repealed were still in effect.
Acts 1981. 67th Leg., ch. 237. 5145, p. 559, 599. Chapter 237 also
provided, however, that it was “not intended to revive a law that was
impliedly repealed by a law enacted by the 66th Legislature or a
previous legislature.” Id., 1146(a) at 600. As we have stated.
article 23500 was repealed in 1971 by the enactment of article 3912k.
and there has been no action by the legislature to revive or reenact
Its provisions. Cf. Code Construction Act, article 5429b-2. V.T.C.S..
53.10 (“The repea=f a repealing statute dooa not revive the statute
originally repealed nor impair the effect of any saving provision in
it.“).
You also oak whether Gregg County may provide gasoline and
routine automotive supplies for use by county officials In private
automobiles. We believe that the county may provide gasoline and
automotive supplies for personal vehicles used In county business.
instead of providing ordinary mileage. The county officer may receive
only the amount of gasoline or pro rata part of automotive supplies
actually used in county business. The county auditor may require
documentation and affidavits which will establish to his satisfaction
that the expenses result from county business. See V.T.C.S. art. 1651
(general oversight of county finances and an obli(tation to see to the
“strict enforcement” of the laws); V.T.C.S. art. 1663a (criminal
penalty for failure to comply with auditors’ request for Information).
Thus, not every expense allouance la within the discretion of the
county officfal but each expense must be fixed by the comiaaioners
court subject to the limitationa desertbed herein. See Attorney
General Opinions MW-121 (1979) (hospital official notentitled to
unlimited use of credit card to purchase gasoline for personal
automobile); H-152 (1973) (automobile allowance for county court at -
law judge must be related to official travel); H-992 (1977) (lump sum
monthly travel allowance must have some basis in fact; travel between
home and office not official business); V.T.C.S. art. 237211-S (further
v. . .
Mr. ROY HerriS - Page 3 (JH-148)
authority to provide for travel allwance); V.T.C.S. art. 3899
(expense accounts).
SUMMARY
County officials may be reimbursed with In kind
allwancea for travel expenses actually incurred
vhile on county business. The commissionera court
of Gregg County may fix the amount of travel
expense allowed to members of the commissioners
court so long aa the allowance is reasonably
related to official county business.
-Jr&
JIM MATTOX
Attorney Ceneral of Texas
,f-
TOM GREEN
Pirat Assistant Attorney General
DAVID R. RICRARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COPMITTEE
Rick Gilpin. Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton