91 AUSTIN,~TEXAB PRICE DANlEL *w-ormuL June 2gs 1948 Ron. A. M. F’ribble Opinion No.iV-621 County Attorney Mills county Re: The necessity for the Ooldthw+ite,Texas county to pay inciden- tal upkeep and opera- tion expenses in add& :tlon to six cents per mile on personal cars used by the Sheriff and his deputies on official business. Dear Sir: Reference 1s made to your recent,~request whick Is as follows: “Is it required for the County Corn- missionersCourt, under the term& of Art. 6877-l Acts ~1947,50th Leg., pe 357P ch. 204; para. 1, to pay expenses Incidental to the upkeep and operation of motor Vehl- cles when the colmnisslonersco-t has elec- ted to allow the sheriff and his deputies to use their personal cars oncPflcia1 business and to pay six.‘c&ntsper mile for such official travel? The record in the Comptroller’soffice reflects thatthe officers of Mills County are compensat.,ed on a fe,”ba~sis. It was:held in Attorney General’s Opinion No. V-515 that Article 3899(a) was supersededby R. B. 501, Acts of the 50th Legislature,Art. 6877-1, V. C. S., in- sofar as it pertains to the travel expense of sheriffs. This being tr’ue,we must now look to the.provisbnsof this Act for the answer to your question. Article 6877-1, V. C. S., is as Poll&s~ “The County CommissionersCourts of this State are directed to supply and pay u; A. M. Pribble, page 2 (V-621) for transportationof sheriffs of their respective counties and their deputies to and from points within this State, under one of the four (4) following sections: "(a) Such sheriffs and their deputies shall bp furnished adequate motor trans- portatipn including all expense incidental to the upkeep and operation of such motor vehicles. '(b) Motor vehicles shall be furnished. to such sheriffs and their deputles'whomay.. furnish gas and 011, wash and grease, lncl- dental to the operation of such vehicles; for which gas and 011, wash and grease, such sherlfisand deputies shall be compensat- ed a$ a rate not to exceed four cents (4#) per mile for each mile such vehicle Is opera- ted in the performance of the duties of his office* "(c) Alternativelysuch County Com- missionersCourts may allow sheriffsland their deputies in their respective Coun- ties to use and operate cars on official business which car8 are pe.rsonallyowned by them for which such officers ahall,be paid not less than six 'cnts (66) per @Ilk nor more than bin cents 't lO#) per tile for each mile traveled in the performanceof official duties of their office. .. "(d) All compensationAId under the provlsione'of this Act shsl.1bt upon a sworn statement of such sheriff. It was held in Attorney Oeneral'S Opinion Bo. v-293 that it is mandatory that the Commisslonere~Court must determine under which of the subdlvlsionsof the Act It will furnish the sheriff and his @eputies trans- portation. Slnoe the CommlsslonerstCourt of Mill+ Ck- ty has'elected to provide such transportationunder : subdivision(c) of Article 68'j'7-1,supra, and is.allob- ing the sherifr and his deputies to use their personal cars and be paid by the county six cents per mile while travelingon official business, lt.ls our opinion that eon. A. M. Pribble, page 3 (V-621) 93 the Commissioners'Court may not pay expenses lnciden- tal to the upkeep and operation of such cam.. SUMMARY When the Cormissloners'Court has elected to allow the sheriff and his deputies to use their personal cars and the county pay six cents per mile for officialtravel under subdlvielon (c) of Article 6877-1, It may not pay expenses Incidentalto the upkeep and operation of such vehiales. Yoirs very truly, ATTORNEY Gm OF TEXAS BY BA:mv Assietant~