880
OFFICE OF THE Al-l-ORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNLY GENER,.,.
Honorable 0. tier1 HUtohFnga
County Auditor
Young county
Graham, Texas
Dear sir:
. I. eohool held
aounty, or pay the
the deputlee of
eeseor-Colleotor
as notaries pub-
r8 or xay 21, 19k5,
nt on the rollow-
ly aLlow the aherirr
oar to attend a school
B. I. et Wiohita Falls?
sea or the
county allow a Deputy Sheriff the
or expense of attending euoh school
ted by, or under the superrision or
%. Can thenexpense of the Deputies of the Taz
daaesror-Collector qualirying a8 Zotariee
be charged 88 expense 0r orricev
lionorableQ. Xarl Hutohings, page 2
It,ir stated in Texas Jurisprudenoe, Vol. 11, pages
563-4-5, aa r0iiowa:
"Counties, being oomponent parts of the
state, have no power or dutiee except those
which are olearly aet forth and defined in the
Constitution and statutea, The statutes have
alearly defined the powers, preeorlb?d the
duties, and imposed the liabilities of the
oommisrionere~ oourts, the medium through
whloh the dirrerent counties aot, and rrOm
these statutes mus't some all the authority
vested in the counties. , . .
Wommissionerst oourts are courts 0r
llalted jurladiotion, in that their authorlty
extends only to matters pertaining to the
general welfare of their respective oountiee
and that eaid powers are only those expressly
or implledly oonterred upon them by~law, Wet
i..it;ythe Constitution and statutes of the
."
Subseotlon (b) of Artiole 3899, Vernon’e Annotated
Civil Statutes, is in part as r0ima:
* . .Where the automobile or automobiles
are ow:ed by the Sheriff or his deputies, they
ahall be allowed four (4) cents for eaoh mile
traveled in the d.isohargeof offlaial business,
which sum shall cover all expenses of the main-
tenance, depreoiation, and operation of suoh
automobile. Suoh mileage shall be reported and
paid. 15 the safnemanner preearibed for other
allowable expenses under the provisions of this
eeotion. No autoinol&leshall be allowed for any
Deputy Sheriff exoept those regularly employed
in outaide work.. . ln
The county offioials of Young County are oompenseted
on an annual salary basis, and the roregoing provision or
Subseotion (b), Art, 3899 is applicable to said oounty. Said
Subseotion (b) of Art, 3899 also authorizes eaoh offiaer nained
.
882
Honorable 0. aarl liutohinga, .pege 3
I5 the Aot,.where he reoelves 8 salary as oompenaation for
hi8 aervioae, to purohaae or oherge to hi8 oounty all reason-
able expense8 necessary in the proper andlegal conduot of
his offloe, and such expenses are to be passed on, predeter-
mined and allowed in the t&me and ernount,aa nearly 88
possible, by the ConunisslonerslCourt once eaoh month for
the.ensuing:amnth, ~upon~.the~'~applloatlo5
by eaoh offioer,
stating the kind, probable eaouat of expenditure and the
nroerrity:.roo:threxpenses or hi8 offloe for auoh ensuing
~QQth,.~h~o~~.~pplloationshall, before presentation to aald
oourt., $$rqt;,bq endorsed by the county auditor, if any,
otherwise the county treeadrer, only a8 to whether funds
aroava~leble for payment.of~~uch.~expenaes.
.' O-5003 that
This department held-in O~pinlon14.0.
county fund8 could not be expended for the payment of the
aherirt'a expenses in going to and from a aqhool in Waahlng-
ton, D. C., sponsoring oertainDhaaeo.,of la5 enforcement..
In Opinion No. O-5382 thla department held that the
Commissioners* Court of Smith County did not have legal .au-
thority to eijend county ma8 to oov,ercost8 or qualirying
oounty~eaployeea as notaries publio. We enclose copies of
the'above mentioned opinlone~for~yoar'convenienoe.
Subaeotion (b); Art. 3899;Boer hot authorize the
payment of expenaes:~inourred-by:theaheriff'or'~hl8deputies
in attending,8 school oonduoted by the y.'B;I, out of county
funds, There is no atatute authorizing the expenditure of
county ru8 to cover oosta or-qualifying deputies 0r the
Tax Aasasaor~Colleoto~ a8 5otarlea publlo. It ia our opin-
ion that allbf~ the ~questiqia atated above should be answered
c in the negative, and-they are 80 aqawered, : '. -