Untitled Texas Attorney General Opinion

.i 373 : i .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