Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
*TrwwLI GENERAL
Honorable Worth i3. Durham
County Attorney
Sterling county
Sterling City, Texas
Dear Sir: Opinton No, O-7121
We have re opinion on the
hereinabove oapti your latter as
follows:
Sterling County, Texas.
y has a population of
ompiling the permanent county records,
ax Rolls, Daed Records, Deeds of Trust
age Reoorda, etc. The question has arisen
as to whether the expenses of repairs and maintenanoe
of such equipment ie properly chargeable to fees
earned by the offiosra using such squipment, or
may suoh expenses be paid by the CommisaionersV
Court out of county funds.
Eon. Worth B. Durham, page 2
” uer ; Are the expenses of repairs and maintenanoa
of coun iE-y y-owned typewrlters, adding maohines and like
equipment, used solely in compilation of permanent
county reoorda, payable out of fees of office of county
officials using such equipment?v
Ssotion (a), Artiole 3699, Vernon’s Annotated Civil Statutes,
reads in part a8 follows:
“At the close of each month of his tenure of offioe,
each officer named herein who is compensated on a fee
baais shall make, as part of the report now required by
law, an itemized and sworn etatement of all the actual
and neoessary expenses incurred by him in the conduct
of his offioe such a8 stationary, stamps, telephone,
premiums on officials’ bonds including the cost of
surety bonds for hla deputies, premium on fire, bur-
glary, theft, robbery inauranoe proteating publio
funds, traveling expenses, and other necessary ex-
penses; provided, that in addition to the offlaere
named herein, the oounty treasurer, oounty auditor;’
oounty road commissioners, county school superin-
tendent, and the hide and animal inspeotor shall
likewise make a’report on the premiums on offlolala~
bonds, including the cost of surety bonds for any
deputies, and said premiums ahall be subject to payment
out of the fees of said office, as herein otherwise
provided for the offioers named; . . .I1
In the oaae of State vs. Carnes, et al, 106 S. W. (26) 397,
the court said:
*Under article 3899, Revised Civil Statutes as
amended, Acta 1933, 43d Leg., p. 734, c. 220, 8 4,
which waa in force during 1934, the expenses, other
than thoae expendFturea in oonnection with automo-
biles, whioh an officer is authorized to claim aa
deductions under this provision, are limited to
stationery, stamps, telephone, traveling expense,
and other similar necessary expenses, the rule of
ejuedem geheris being applied to qualify the general
language by the apeolficelly enumerated items and to
restrict its meaning to expenses of the same kind or
class. Cameron County v. Fox (Tex.Civ.App.) 42 5. W.
(;a) 653; Casey v. State (Tex.Civ.App.) 289 S. VS. 428
(writ of error refused).”
Hon. Worth B. Durham, page 3
The expenses of repairing and maintaining oounty-owned
typewritera, adding maohines and likequipment are not ex-
pensee of the same kind or olaea as those named Ln Art. 3899,
supra, and it ieherefore our opinion that said expenses are
not payable out of the fees of offioe of the oounty officials
in a fee county.
Yours very truly,
ATTORNEYGANS&IL OF TAM
BY
Assistant