Untitled Texas Attorney General Opinion ( 1939 )

Ron.~Gug Turner
County Auditor
Denton County
Denton, Texas
Dear SW: Opinioh No. O-1102
Re: Can the county pay a sheriff on a
salary basis for his meals when on
official business either in or out
of the county?
Your request for an opinion on the above stated ques-
tion has been received by this office.
Your letter reads in part as follows:
"Our sheriff Is paid on a salary basis and
the county owns the cars.
"I would like an opinion as to whether or
not the county can pay for his meals when on of-
ficial business either in oreout of the county,"
Section (b) of Article 3899, R. C. 9. reads as fol-
lows:
"(b) Each officer named in this Act, where
he receives a salary as compensationfor his ser-
vices, shall be empoveredand permitted to pur-
chase and have charged to his county all reason-
able expenses necessary in the proper and legal
conduct of his office, premiums on officials'
bonds, premium on fire, burglary, theft, robbery
insuranceprotecting public funds and Including
the costs of surety bonds for his deputies, such
expenses to be passed on, pre-determinedand
allowed in kind and amounts, as nearly as possi-
ble, by the commissioners'court once each month
for the ensuing month, upon the applicationby
each officer, stating the kind, probable amount
of expenditureand the necessity for the expenses
of his office for such ensuing month, which ap-
plication shall, before presentationto~said court,
first be endorsed by the county auditor, if any,
- .
Hon. Guy Turner, page 2 O-1102
otherwlse the county treasurer, only as to whether
funds are available for payment of such expenses.
The commissioners'court of the county of the
sheriff's residence may, upon the written and sworn
application of the sheriff stating the necessity
therefor purchase equipment for a bureau of crlm-
inal identlflcation;such as cameras, finger
print cards. Inks, chemicals,microscopes,radio
and laboratory equipment,filing cards, filing
cabinets, tear gas and other equipment in keeping
with the systenlin use by the Department of Pub-
lic Safety of this State, or the United States
Department of Justice and/or Bureau ofCrIminal
Identification."
"Such purchases shall be made by each officer,
when allowed, only by requisition in manner pro-
vided by the County Atiltor,~ if any, otherwise by
the Commissioners'court. Each officer shall, at
the close of each month of his tenure of office,
make an itemized and sworn report of ~11~approved
expenses incurred by him and charged to his county,
accompanyingsuch report with invoices covering
such purchases and requisitions Issued by him in
support of such report. If such expenses be in-
~curreain connectionwith ang particular case,
such report shall name such case. Such report,
Invoices and requisitions shall be subject to the
audit of the county auditor, if any, otherwise by
the commissioners'court, and if it appears that
any item was not Incurred by such officer, or that
such item was not a necessary or legal expense of
such offlce, or purchased upon proper requisition,
such item shall be by said County Auditor or court
rejected, in which case the payment of such item
may be adjudicated In any court of competent jurls-
diction. All such approved clalms"and accounts
shall be paid from the 0fficers'~SalaryFund unless
otherwise proviaea hereln.
"The commissioners'court of the county of
ttiesheriff's residence may, upon the written
and sworn application of such officer, stating
the necessity therefor, allow one or more auto-
mobiles to be used by the sheriff in the discharge
of official business, which, If purchased by the
county shall be bought in the manner prescribed
by law for the purchase of supplies and paid for
out of the General Fund of the county and they
shall be reported and paid In the same manner as
Hon. Guy Turner, page 3 O-1102
herein provided for other expenses.
"Where the automobile or automobilesare owned
by the sheriff or his deputles, they shall be al-
lowed four (4$9 cents for each mile traveled Fn
the discharge of official business, which sum shall
cover all expenses of the maintenance,deprecia-
tion and operation of such automobile. Such mlle-
age shall be reported and paid in the same manner
prescribed for other allowable expenses under the
provisions of this sectton . No automobile shall
be allowed for any Deputy Sheriff except those re-
gularly employed in outside work. It shall be the
duty of the county auditor, if any, otherwise the
commissioners*court, to check the speedometerread-
ing of each of said automobiles,owned by the county
once each month and to keep a public record thereof;
no automobile owned by the county shall be used
for any private purpose."
On January 29, 1936, this department held In ah opinion
wrltten by Hon. Joe J. Alsup, Assistant Attorney General, ad-'
dressed to Hon. W. B. Walker, County Attorney, Coleman County,
Texas, that the provisions of Article 3899, R. C. 9. are broad
enough to include such expenses as hotel bills and meals for
a sheriff or other county officers while away from the county
seat on official business assuming that the same be necessary.
For under the terms of Article 3899, all reasonableand neces-
sary expenses are allowable and we feel that In some cases
hotel bills and meals would be proper and necessary.
We quote from an oplnlon written by Hon. Joe J. Alsup,
Assistant Attorney General, addressed to &tr.Orn Smith, sheriff
of Johnson County, as follows:
"A sheriff is entitled to all reasonable
expenses necessary in the proper and legal con-
duct of his office. If in the discharge of his
official duties It becomes necessary for said
sheriff to go without the confines of his county,
clearly all expenses incurred when reasonable and
necessary should be paid as expense of office.
It would be manifestly unfair to require the sher- _
lff to pay this amount out of his salary."
Under the terms of Article 3899, supra, all reasonable
and necessary expenses are allowable and we belleve that ex-
penses for meals would be proper and necessary.
You are respectfully advlsed that It Is the opinion
Eon. Guy Turner, page 4 O-1102
of this department that the county can pay for the meals of
the sheriff when he is on official business away from the
county seat, either in or out of the county.
Trusting that the foregoing answers your inquiry,
we remain
Yours very truly
ATTORNEY GENERAL OF TEXAS
By s/Ardell Williams
Ardell Williams
AssIstant
AW:AW:wc
APPROVED ADG 3, 1939
s/Gerald C. Mann
ATTORNEYGENERAL OF TgxAS
Approved Opinion CommitteeBy s/WRK Chairman