Untitled Texas Attorney General Opinion ( 1964 )

November 5, 1964
Honorable James E. Barlow Opinion No. C-344
Criminal District Attorney
Bexar County Re: Whether, under the present
San Antonio, Texas Sheriff’s budget, proper
budgeting arrangements can
be made for the purchase of
a helicopter for the Sheriff’s
Dear MY?.Barlow: Department.
You have requested an opinion on whether Bexar County
can make proper budgeting arrangements under the present Sheriff’s
budget, for the purchase of a helicopter for use by the Sheriff’s
Department. Specifically, you ask whether the surplus funds in
three named accounts may be used for the purchase of said helicopter.
In your supplemental request of October 27, 1964, you state that
the helicopter will be purchased out of the “Equipment, Other”
account.
Before passing on the question of proper budgeting
arrangements, one must first determine whether the purchase, per
of a helicopter is authorized. Subdivision (b) of Article
$iG9, Vernon’s Civil Statutes, states:
“Bach officer named in this Act, where he
receives a salary as compensation for his
services, shall be ehtltled and p&?mltted to
purchase OP charge to his county all reasonable
expenses necessary in the proper and 1 g 1
conduct of his office, o o **’ (Emphaseisaadded)
However, what constitutes “reasonable expenses necessary in the
roper and legal conduct of his office” is to be determined b
h C I i 1 t i their sound discretion. Attome;
Ge~er~??ss~p``f: NE?O9367”0 (1941) and No. C-318 (1964). There -
fore, the propriety of the purchase of a helicopter for use by the
Sheriff’s Department is a faotual determination to be made by the
Commissioner’s Court.
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..
Hon. James E, Darlow, page 2 (C-344)
Since the helicopter is to be purchased from the account
“Equipment, Other, ” it should also be determined whether a heli-
copter can be purchased from said account. Webster’s International
Dictionary, Second Edition, ,,defines “equipment” as “material OP
articles used in equipping. Said Dictionary defines “equip” as
“to furnish for service, OP against a need; to fit out; to supply
with what is necessary to efficient action.” If the Commlssionerls
Court, in their sound discretion, supra, determine that a helicopter
Is “necessary in the proper and legal conduct” of the Sheriff’s
Department, then the Department would iave to be equipped “with
what is necessary to efficient action. Therefore, funds from
the account “Equipment, Other” could be used to purchase a heli-
copter as a helicopter is obviously “equipment. ”
As to the questions concerning proper budget arrangements,
one must first look to the statute, Article 1666a, Vernon’s Civil
Statutes, that governs Dexar County. Article 1666a recites:
II
. . .
. .Said Court may upon proper application
transf& an. existing budget surplus during the
year to a budget of like kind and fund, but no
h transfer shall increase the totaf of the
byaet .
,I
. . . ” (Emphasis added)
The Legislature did not provide any guidelines as to
what constitutes “like kind, ” therefore we must construe this term
in its usual, ordis xgenerally accepted meaning. This was
done in Attorney General’s Opinion No. V-103 (1947) and reference
is made thereto In determining whether such a transfer can be made
in the instant case.
You state that there exists, in the Sheriff’s budget,,
three separate accounts, “Repairs and Maintenance, Automotive,
“Salaries, &ployees” and “Qrocerles, Feeding Prisoners” that
possess a surplus smount of funds. You also state that the hell-
copter is to be purchased by funds from the “Equipment, Other”
account. Thus, it must be determined whether the aforesaid SUP-
pluses can be transferred to the “Equipment, Other” account.
We believe that the account for “Repair and Maintenance,
Automotive” is enough like that of the account “Equipment, Other”
to come within the spirit of the statute. Repair and maintenance.
of an automotive nature is certainly concerned with equipment of a
transport nature. The account “Equipment, Other” Is of such a
general nature, as would certainly permit transfer of a surplus,
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Hon. James E. Barlow, page 3 (c-344)
if one existed, from it to the account "Repair and Maintenance,
Automotive," since they sre both concerned with equipment. Web-
ster's International Dictionary , Second Edition, defines equipment
as "material OP articles used in equipping." Said Dictionary de-
fines equip as "to furnish for service, or against a need; to fit
out; to supply with what is necessary to efficient action." Both
"Repair and Maintenance, Automotive" and "Equipment, Other" certainly
fall within these definitions.
As to the other two accounts, "Salaries, Employees" and
"Groceries, Feeding Prisoners, " we think that it is obvious that
they are not of like kind to that of 'Equipment, Other." Attorney
Qeneral's Opinion No. V-103 (1947).
The surplus funds in the account "Repairs and Maintenance,
Automotive" can be' transferred, as provided in Article l666a, supra,
to the account "Equipment, Other. " Attorney General's Opinion No.
v-103 (1947). Ifs the Commissioner's Court, under the proviso of
subdivision (b) of Article 3899, supra, determines that a heli-
copter is necessary "In the proper and legal conduct" of the Sheriff's
Department, said helicopter can be purchased b funds from the account
"Equipment, Other, " If the amount of funds thegein is sufficient to
pay the purchas? price. The surplus funds lft the accounts "SalarIes,
Employees" and ,,CSrocerles, Feedin@ Prisoners cannot be transferred
to the account Equipment, Other. Attorney General"% Opinion No.
V-103, supra.
SUMMARY
Under the present Sheriff's budget, proper
budgeting arrangements can be made for the purchase
of a helicopter for the Sheriff's Department, if the
balance, If any, in the account "Equipment, Other"
and the surplus in the account "Repair and Maintenance,
Automotive" will be sufficient to pay the purchase
price.
Yours very truly,
WAWONERCARR
Attorney Qeneral
By:
&a-l-I-
Roy B. Johnson
Assistant
RBJ:sj:mkh
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--. -
Hon. James E. Barlow, Page 4 (C-344)
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Pat Bailey,
Wayne Rodgers
Charles Swarmer
Robert Norris
APPROVEDFOR THE ATTORNEY
GENERAL
BY: Roger Tyaer
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