Untitled Texas Attorney General Opinion ( 1942 )

Honorab$e Clyde Barton
County Auditor
lfinkler-County
Kermit, Texas
Dear Sir; opinion Ho. o-4399
Rer Does the ammissioners*
court have authority to
pay aonstables a mileage
fee of four oents per mile
in addition to their regu-
lar salary paid under the
Offioers* salary law, and
related questions?
Your letter of recent date requesting the opinion of this &part-
ment on the questims oontained therein reads in part as follomr
"Klkklsr c~un``is operating under the Officers
Salarg.kw by order of.the Canrmissioners'Court, sinoe
the pc@lrtion of the County does not autkaatioally
plaoe the CWnty subject to that Law.
"Doks'the CommissiotiersCourt haps authority to
pay Constables h mileage fee of four oents per mile
in addition to their regular salary paid under the
opfioera Salary Law?
;j;
*Does the Commissioners Court have authority to
purohatieaumiunitiarfor ConstaUes operating'under the
Officers Salary Law?
,
"Does the kmmissioners Court have authority to pay
for the installation, monthly sex-ciaooharge, and toll
oharges on telephoneisinstalled in the private residences
of Deputy Sheriffs or Constable8 operating underthe
Offioera Salary La* The telephone to be used for offl-
oial kusiness only."
Winkler County has a population of 6,176 inhabitants aocord-
ingto the 1940 Federal oensus.
Seotion 15 of Article 3912e provides in ~rtr
-. ._.
Honorable Clyde Barton, Page 2
"The Canmissioners Court in counties having
a population of less than tmenty thousand (20,000)
inhabitants, aooording to the last preceding Fed-.
era1 census at the first regular meeting inJanuary
of each calendar year, may pass an order providing
for ocmpensation of all county and precinct offi-
oers on a salary basis. . . . In the event such
court plsses suah order they shall pay to eaoh of
said distriot and county officers in money an annual
salary +I twelve (12) equal installments of not less
thanthWtota1 sum earned as oompensatian by said
officer in the said official aapaoity for the fisoal
year 1935 and not more than the maximum allowed such
offioer under laws existing August 24, 1935. . . .a
Section 15 of Artiole 3912e, supra, provides in paktr
"In oounties where it shall have been detena-
ined that precinct officers shall be compensated on
an annual salary basis it shall be the duty of the
oamaissioners' court of~suah oounty to fix the sal-
ary allowed to suah officers. Eaoh of said offioers
shall be paid in money an a44ual salary in twelve (12)
equal installments of not less than the,,totalsue _
earned as oompensation earned by him in his off%oial
oapaoLI for the fisoal year 1935 and not more than
the maxima smoti allowed such officer under laws
existing August 24, 1935. . . ."
~. Byvirtue~of Seotion B, Artiole 3599, Vernon's Annotated Civil
Statutes, the sheriff or his deputies who are oompsnsated an a salary
basis who ovm and use their automobile or automobiles ~$n the disoharge
of official business are allowed four cents for eaohmile traveled in
the disoharge of official business. Such smn shall oover all expenses
of the maintenanoe, depreoiation, and operation of such automobile or
automobiles. Suchmileage shall be reported and paid in the same
manner prescribed for other allowable expenses under the provisions of
the aot. This aot does not provide four oents for eachmile traveled
by a constable in the disoharge of his official business. Ws fat1 to
find any statute authorising a constable on a salary basis to rea&ve
any specified amount for 8aehmile trawled in the discharge of okl-
cial business. Therefore, me snswsr your first question in the nega-
tiw.
_ . -j -
Honorable Clyde Barton, Page 3
With reference to your seoond question, by virtue of Seation B,
Article 3899, supra, we think that the commissioners9 court has the
authoritg to allow expenditures for the purchase of ammunition for
oonstables operating under the offioers' salary law to the extent
“neaessary in the proper and legal aonduot of his office," when the
provisions of said statute have been complied with.
In reply to your third question, it is our opinion that the
statute (Article 3899), or any other statutedoes not authorize the
acmaissioners~ oourt to pay for installation, monthly service charge
and toll charges on telephones installed in the private residenoe
of deputy sheriffs or constables operating under the offioers' sal-
ary law.
Yours wry truly
Al'TORUEYGEiNERbL
OF TEXAS
by s//&-dell flillimns
Ax-dellRllimas
dssistmt
6;
APPROVED PRB18,1S42
~GRCVRR SEuws
FIRST ASSISTART
4TTORNEY GElURAL
AfFMVED OpXnXon Ccemittee
py BIB Ehaixman