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~