0FFlCEOFTHEATTORNEYGENERALOFTEXA.S
AUSTIN
Honoyable D. klchard Voges
couuty Attorney
Wilson county
Floresville, Texas
Dear Sir:
Your reqwst ror e r0imf5g queatlcns:
8' court or
iencr8* caurt or
erirr, mcnthly, a
exumae and @-keep
urnlahed the Sheriff
your letter thet wllson Ootmty, Tems
ree system and that it8 ctticerm are conw
You rmrther advise that the SheriK or
hly the 8tlpp0r seventy-rive ($Ts.oo) Dol-
lary by virtue or Article 59%. BeViSed
article 5899 (a), Revbed Civil. .3tatutee of Texas, reads
ti8 r0ii0ws:
*lit the clu.cree0r each mcnt?i 0r his
tenure or orrlce eech orrleee Maed here3.n
Honorable D.eloherd Voges, Page 2
who is compeneated on a ree basis shall
make as part or the report how required by
law, an itemized and mvorn statement or
all the actual and neoessary expenses ln-
ourred by him in tha conduct of hiaofiioe,
such ae stationery, stamps, telephone,
premiunla on 0rriOiazs* bond@,’ lncludlng
the doat or eurety bonds ror hla Deputfee,
premium on iire, burglary, thert, robbery
lneuranoe proteotlng public iundo, travel-
ing srpenees and other necessary expeneee.
The Commieelonere~ Court of the county oS
the Sherirr’s reoldence may, upon the
written and sworn applieation.of the
Sheriff stating the moeeslty thereror,
purohase equipment for a bureau or orlmlnal
ldent irloatlon euoh as aameras, ringer
prlntoarda, inke, ohealcals, mloroecopes,
radio and laboratory equipmat., riling
oarde, filing aabinets tear gas and other
equipment in keeping with the eystem’in
use by tlm Department or Publie Safety of
this State or the United States Department
of Juetlce and/or Bureau of Crlmlnal Identl-
rimion. Ii euoh expenses be inourred in
~oonnection with any particular oese, suoh
statenrrnt ahall name euoh oane. Suoh ox-
pense account shall be ‘subject to. the audit
of the County Auditor, If any, otherrise by
ths Comaiselonere~ Court; and ir it appear8
that any item or such expense was not ln-
aurred by. euoh orrioer or euoh item #ai. not
a neoeeearp expen’m of oifloe, suah item
shall be by such auditor or oourt rrjeoted,
in which oaae the oolleotions of auoh item
may be adjudloated in any oourt of aompetent
jurllpdiotion. The amount or ‘rralarlea paid
to Aeeistante and Deputlea ahall also be
clearly ehown by euoh oifloer, giving the
name, position and amount paid eaoh; and in
no event shall any oifioer ehow any greater
amount than actually paid any such Assistant
or Deputy. The amount of such ex ensee
together with the axmi%t or: salar % B paid to
AssiatXSIt#, Deputies and Clerks shall be paid
out of the reas earned by 6UOh oftloer. The
358
Xonorable D. Richard Vcgee, Rage 3
Commissioners* COttrt Of the county of the
Sheriff*8 reeldence may, upon the written
and eworh appllcatlon or tti Sherlrr etat-
ing the neceseltg thereror, allow one or
more automobile8 to be used by the Sheriii
Iu the dlscherge or his ofiicIa1 duties, whIoh,
If purchased by ths CoUnty, sbcll be bought
In the meuner prescribed bylaw ror tbs pur-
chase or supplIe8 and paid ror out or th8
Osneral Fund or the county and t&ey shell be
and rema3.11the property or the county. The
expense or stelntenance, depreolatlon and op-
eration of such automobiles as may be allowsd,
whether purcbrsed brthv county or omed by
the Sheriff or his Deputies personally, shall
be paid for by the 5herlff aud the amount there-
of shall be reported by the Sherifr, on the re-
port above Prsntlonrd, In the suse mannerns
herein provided ror other expen~es.~
Artiole 3891, Revised Civil Statutes or Texas, made,
in part, as rouws:
Qach ofrloer nemed ia t&Is Cheptcr
shall rir8t out or the ourront tee8 cr his
oSfio6 pay or be paid the amount allowed him
uwler thrs proviaiona or Artlols 5555, together.
with the salaries of his assistants agd de-
putles, and authorleed expenses under Artiala
3899, end the amount nooesnry to corer oosts
or pmmlum on whatever surety bond may be re-
quired by law. Ir the current gee8 of aueh
office collected In any year be pore than ths
amount needed to pay tim amounts above specirled,
same shall be doomed oxuess feis, aml slnll be
disposed or in the uanner herebarter provldad.
"In oounties oontalnfag twenty-rive thousand
(g5,OOO) or less inhabltauts, DIstrIct aad County
ofricors naxed herein shell retain one-third of
suoh exuess fees until suoh one-third, togetlmr
with tbs amounts specIfIed In Article 3583,
emounte to Three Thousand Dollare ($3,000). Pre-
cinot orrlodm shall retain en+thh-4 u@I.l such
Honorab+e D. Richard Voges, Pago 4
one-third together with the amount speolrt-
od in &r&l8 5883, amunte to Fourteen
5drad Dollar8 (#1400).a
This Dopartmant ha8 repeatedly ruled $hat whore oamty
OrriOOrS are oomponeatod upon a reo bhsI8 tbrt ixponses inoldont
to county offIce muet be paid Worn current rees bolonglng to
.saId orrice. Yes opinion dated July13, 1934, written by Eon.
Julius F. Franki, Assistant Attorney Oenoral; and meny otbr
opinions 0r this Departsmnt.
$6 ooncur with you In your opinion and wleh to thank
you ror your very able brief which be8 assisted us in passing
upon thle question.
tlYoagree with you that Senate Concurrent Resolution
Ho. 40, or ths 44th Texas &gl8~laturo, passed In loss, he8 m
bearing on Article 3899, Revleod Civil Statutes of TEUS, which
1~s amended In 1937.
You are therefore rospeotrully advised that It IO tIio
oplnlon 0r this Depertmnt that the Comml88loner8* court of
nuson county, Texas, a County operatlag upon % r80 baSti, lmy
not pay the County Sherlrr, monthly, the neco8eary ard aotual
expenses rortolephone out or the General Fund or the County.
Suoh Sheriff however may pay auoh expense out of hIe ourront
r008 or 0frio0.
You am further reSpeCtfully edrieodthat It I8 the
Opinion Or thi8 Department that the COmmi8~~Olpsr8’ cOUrt,Of
'Rileon County, Texan, a County operating upon a fee basfp, play
not pay the County Sheriff, sumthly, a oertaln Bum ior the
malntenanoo and up-keep or a county autormbIlo, furaI8hed the
Sherlrr by the County ror his oificlal duties, cut or the Gen-
eral Fund or the County. Artlola 3899 (a) oxpreruly provides
that the expense of malntenanae, doprocIation and opeiatlon or
suah autoimbiles as mey be allowed, whether puzWmeed by the
county or owned by the sherffi or hIa deputies personally,
shall be paid for by the Sheriff and the asmunt there@ 8-l
be reported by the Sherlfi, on the report above wntloned, in
the Sm spanner as 18 provided therein ror other expenses.
TkwtIag that thle 8atIoractorlly an8wers your inquirr
,. -
360
Honomble D. Richard, Page 5
and with boet regards, wo.arO
Very truly yours
A'iWliU'&SY
GILIURAL
OF TEXAS
BY Sm.J.Fnnnine
A4SSiSt6klt