Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable L. R. Thompson County Auditor Taylor county Abllens, Texas Dear Sfr: we have reaslve for our oplnlon on the above stated questior. - om your Letter: d on a salary basis. (b) of Article 3899, Vernon’s Arsotated Civil Statut BE, reads In part as follows: Vaoh officer named in this Aat, where he receivea a salary as compensation for his services, shall be empowered and permitted to purchase and have oharged to his oounty Honorable L. R. Thompson, Page 2 all reasonable expenses nscsasary in tha pro- per add legal conduct of his ofrlca, premiums on oftlolalsl bonds, premium on firs, burglary, theft, robbery insurance protecting publia funds and including the cost of surety bonds for his Deputies, such sxpenees to tm passed on, pre-determined and allowed in kind and amounts, as nearly as ?oeelble, by the Comml#~- slonsre* Court once each nonth for the ensuing month, upon the applIcatlon by each orrlosr, stating the kind, probable amount of expendi- ture and the nsosssltp ror the expenses of his off100 for suoh ensuing month, whloh ap- plication shall, before pressntation to aald court, first be endorsed by the County Audl- tar, if any, othenrlse ths County Treasurer, only aa to vðer funds are available for payment of such expenses. The Commlssfoners* Court of the county of the Sherlff*s residence may, upon the written and sworn application of the Sheriff stating the necessity there- for purchase equipment for a bureau of orlm- in&l ldentlrlcetlon, such as cameras, ringer print cards, Inks, chemicals, mIcroscopes, radio and laboratory equipment, filing cards, tlllng cabinets, tear gas and other equipment In Icesping with the system in use by the Ds- partment of Public Safety of this State, or the United Statas Department of Justice and/or Bureau of Criminal Identirication. n. . . n The sheriff, by virtue of the abovs’quotsd statute, is empowered and permitted to purchase and have charged to his oouaty all reasonable exvpensss necasaarg in the proper and legal conduot of his offioei however, this artiolez does not authorize the Commlsalonars' Court t0 expend COUty funds in the establishment of a radio StetiOn. !‘(e have been unable to find any authority for a d0untp Commissioners* court, or the sherirr 0r a county, to expend county funds for the establishment or construction of a short wave sending and receiving radio station. It la our opinion therefore that Taylor County, or the sheriff o? said county, in conjunction vrlth the oity Honorable L. R. Thompson, Page 3 of Abllene, hay not establish a short wave sending and re- oelrlng raq$o station, . .._ the expense to be shared by the oounty and the city or AO116ne. It is our further opinion that the above quoted statute is broad enough to authoilze Taylor County to pay the city oi Abllene a reasonable amount monthly for radio service to be furnished to the sherirrlor said county, pro- vided thd procedure prescribed in said artlole above quoted la followed and approved by the Commissionere* Court. A similar quostlon was considered in our opinion No. O-3571, a copy or which is enclosed hsrewlth. Yours very truly Assistant DBD:GO ENCLOSURE