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373
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.Hon,WI.lliamIi.Davis Cpinion NO. v-1287
County Attorney
willlamsoncounty Re: Several questionsre-
Georgetown,Texas spectlng the travel-
ing expenses of con-
Dear Sir: stables.
Your request for an opinion contains the
following questions concerning traveling expenses
of constablesunder the provisions of Senate Bill
R.S. 1951, ch. 264, p. 424
~~:~."%g%%j:
"1. What'is meant by the wordi?.
'to and frcm points wlthln this State ?
‘2. Does this statute l&end the
mileage be allowed only in specific
cases, that is, an individual to be
arrested or served with legal papers,
or does it allow for any tra.velin con-
nection with investigations,discussing
matters in connectionwith the case
with witnesses, etc.?
“3. Would it cover mileage vithin
the city or as under a former ruling
only mileage beginning after one mile?
"4. Would the Court be aothorized
to set the rule for mileage other than
in a specific case, going to place of
arrest of defendant and returning him
to Court or jail?"
Section 1 of.Senate Bill 362 provides:
"The Co,untgCommissioners Courts of
this state are hereby authorized to sup-
ply or psy for the transportationof con-
stables and deputy constables of the re-
spective counties and justice precincts
Hon. William H. Avis, page 2 (~-1.287)
\
!
to and from points within this State,
under one of the four following sub-
sections:
*(a) Conetablesand deputy CV-
stables may be furnished adequate
motor transportationIncluding all
expense incidentalto the upkeep and
operationof such motor vehicles.
"(b) Motor vehicles may be fur-
nished to constabl.esand deputy con-
stables who may furnish gas and oil,
wash and grease, incidental to the
operation of such vehicles; for which
gas and oil, wash and grease, such
constablesand deputy constablesshall
be comensated at a rate not to exceed
four cents (a#) per mile for each.mile
such vehicle is operated i'nthe per-
formance of the duties of Ns or their
office.
"(c) County CommissionersCourts
may allow constablesand deputy con-
stables in the respective countiesand
justice precincts to use.and operate
cars on official business personally
owned by them for which such officers
shall be.paid not less than six cents
64) Per mile nor more than ten cents
IlO#) for each mile traveled in the
performanceof official duties of their
office.
"(d) All compensationpaid under
the provisionsof tNs Actsshzillbe
upon a sworn statement of.such con-
stable or deputy constable;
"(e) This Act shall not apply to
countieshaving a population of less
than twenty thousand (20,000) people."
Senate Bill 362 is almost identical to
House Bill 531, Acts 50th Leg. 1947, ch. 204, p.
351 (Art. 6877-1, V.C.S.), the only differences
being that the provisions of Article 6877-1, V.
C.S., are mandatory end urovide for traveling
'expensefor the sheriff and hisdeputies in
Hon. William II.Davis, page 3 (v-1287)
every county of the State, while the provisions
of Senate Bill 362 are discretionarywith the
commissioners'court and provide traveling ex-
pense for the constablesand their deputies in
all Countieshaving a population of 20,000 or
more inhabitants.
Prior to the enactment of Senate Bill
362, the commissioners~court could not pay trav-
eling expense to constableswho were co nsatea
on a salary basis, Att'y Gen. Cp. V-71T 1947).
Since the language in Senate Bill 362
is the same as that containedin Article 6877-1,
the constructionplaced on Article 6877-l will
be equally applicable to Senate Bill 362.
In Att'y Gen. Op. V-526 (1948), it is
stated:
"Section 2 of H.B. 501 provides
that pribr to the present Act there
was no adequate law providing for
transportationfor sheriffs and their
deputies. Therefore, the Legislature
enacted H.B. 501 and ala not place a
limit on the number of miles which
the sheriff could travel in the par-
formance of official duties. Cn the
contrary, the Legislatureprovided
under subdivision(c) that they 'shall
be paid not less than six cents (
per mile nor more then ten cents "f'
( Cd)
per mile for each mile traveled in the
performanceoPofficia1 duties.' There-
fore, it is our opinion that the Com-
missioners'Court cannot limit the
number of miles which the sheriff and
his.aeputiesmay travel in the perform-
ante of official dut1e.s.
"Ii.& 501 states that 'al.1compen-
sation paid under the provisions of
this Act shall be upon a sworn state-
ment of such sheriff.' In view of this
provision, lt is our opinion that the
Commissioners'Court may require the
sheriff to furnish the Court in his
sworn account such informationwhich is
necessary for the Court to determine
Hon. William H. Davis, page 4 (v-1287)
what mileage was traveled in the per-
formance of those duties set out in
various statutory provisionsprescrib-
ing the duties of the sheriffs and
their deputies. See Art. V, Sec. 23,
Texas Constitution."
In answer to your first three questions:
therefore, you are advised that the commissioners
court is authorizedunder Senate Bill 362 to pay
the travelingexpense of constablesand deputy
constablestraveling on any official business with-
in this State, whether such expense be incurred in
travelingwithin the corporatelimits of a city or
town or outside the corporate limits of a city or
town. Official business will include not only
making arrests and serving legal napsrs but also
investigationsin connectionwith any official
duty.
In answer to your fourth question,you
are advised that if the commtssioners'court adopts
the provisions of Article 6889c, the connnissionera'
court may not limit the number of miles a constable
may travel in the performanceof his official duties.
However, the commissioners'court may require suffi-
cient informationin the constable'ssworn accounts
of traveling expense to determinehow many miles
were traveled in the performanceof his offloial
duties.
SUMMARY
Pursuant to orovisions of Senate
Bill 362, Acts 52nd Deg. R;S.'lq51
ch. 264, p..424 (Art. 68&c, V.C.S.3.
the commissioners'court in-i county-
of 2C,OOC or more inhabitantsis au-
thorized to pay the traveling expense
of constables and deputy constables
traveling on official business in this
State, regardless of whether such ex-
pense is incurred while travelingwith-
in the corporate limits of a city or
town or outside the corporate limits
of a city or town. Official business
includes not only making arrests and
serving legal papers but also investi-
gations in connectionwith any offi-
cial duty.
377
Hon. William H. Davis, page 5 (w-1287)
If the oo~asioners' court adopts
the provisions of Senate Bill 362, the
court may not limit the number of miles
a constablemay travel in the performance
of his officisl duties. However, the
commissioners*court may require suffl-
c!ent information in the constable's
sworn accounts to determine the number of
miles he traveled in the performanceof
his official duties.
APPROVED: Yours very truly,
J. C. Davis, Jr. PRICE DdRIRL
County Affairs Division Attorney General
Jesse P. Luton, Jr.
RevlewLng~Assistant
Everett Hutchinson .Y
Executive Assistant Assistant
JRaawo
Untitled Texas Attorney General Opinion
Combined Opinion