Judges: MARK WHITE, Attorney General of Texas
Filed Date: 9/9/1980
Status: Precedential
Modified Date: 7/6/2016
James F. Hury, Jr. Criminal District Attorney Galveston County Courthouse Galveston, Texas 77550
Re: Authority of a deputy sheriff to act as an independent contractor in his off-duty hours to transport funds from a road district's toll bridge to the bank
Dear Mr. Hury:
You have requested our opinion regarding the authority of a deputy sheriff to act as an independent contractor to collect and deposit funds generated by a road district's toll bridge.
Galveston County Road District No. 1, created in 1957, Acts 1957, 55th Legislature, chapter 66, at 152, operates the San Luis Pass-Vacek Bridge, a toll facility. On January 1, 1980, the District entered into a written contract with a Galveston County deputy sheriff to collect the bridge tolls at designated intervals and deliver such funds as directed. The contract specified that the deputy would `provide personal automobile and own personal time for this service.' You first ask whether the Road District is a subdivision of Galveston County. In Hill v. Sterrett,
`A road district is but a subdivision of the county, created for the purpose of taxation within the district for county purposes, that is, the construction of roads. The affairs of the district are almost exclusively conducted by the commissioners' court, and for all practical purposes it is a branch or subdivision of the county within its territorial limits.'
In our opinion, this rationale is applicable to Galveston County Road District No. 1. It is therefore our view that the Road District is a subdivision of Galveston County.
You also ask whether the deputy sheriff may be paid compensation in addition to his regular salary for transporting road district funds. It is clear that a peace officer is not entitled to any compensation, other than fees and salary, for performing acts which it is his official duty to perform. Kasling v. Morris,
Very truly yours,
Mark White Attorney General of Texas
John W. Fainter, Jr. First Assistant Attorney General
Prepared by Rick Gilpin Assistant Attorney General