Grover Sellers~
Mr. C. G. Mendenhall Opinion No. O-5898
County Auditor Re: Whether the CommissionersCourt
Chambers County of Chambers County has the legal au-
Anahuac,Texas thority to expend county funds to
construct a short wave radio station
for the use of the Sheriff and to em-
Dear sir: ploy operators for such station.
Your letter of June 14, 1944, requesting the opinion
of this departmentregarding the above stated matters is as
follows:
“Would you kindly advise us if in your opinion
this county has authority to construct a short wave
radio (Police) station for the use of the Sheriff,
and also have we the authority to employ operators
for such a station, expending county funds therefor.”
Chambers County has a population of 7,5l.linhabitants
accordingto the 1940 Federal Census. We are informedby the
Comptroller’sOffice ,thatthe county officials of said county
ape compensatedon a fee basis. Paragraph (a) ~of Article 3899,
Vernon’s AnnotatedCivil Statutes, is applicableto counties
where the county officials are compensatedon a fee basis. This
statute provides, in part, as follows:
“*** The commissioners’court of the county
of the sheriffIs residence may upon the written and
sworn applicationof the sheriff stating the necessity
therefor, purchase equipment for a bureau of criminal
identificationsuch as camsras, finger print cards,
inks, chemicals,microscopes,radio and laboratory
equipment,,filingcards, filing cabinets,tear gas
and other equipment in keeping with the system in use
by the Department of Public Safety of this State or
the United States Department of Justice and/or Bureau
of Criminal Identification. If such expenses be in-
curred in connectionwith any particular case, such
statement shall name such case. Such expense account
shall be subject to the audit of the county auditor,
if any, othervise by the Commissioners1Court; and if
it appears that any item of such expense was not in-
curred by such officer or such item was not a necessary
Mr. C. G. Mendenhall,page 2 (O-5898)
expense of office, such item shall be by such
auditor or court rejected, in which case the
collectionsof such Item may be adjudicated in
any court of competent jurisdiction. The amount
of salaries paid to assistants end deputies
shall also be clearly shown by such officer, giv-
ing the name, position, and amount paid each;
and in no event shall any officer show any greater
amount than actually paid any assistant or deputy.
The amount of such expenses, together with the
amount of salaries paid to assistants deputies
and clerks shall be paid out of the hees earneb
by such oflicer. ***I'
Referring to the above mentioned provision of Article
3899 this departmentheld in Opinion No. O-1906 that the com-
missIoners' court is authorized to purchase and expend county
funds for a radio for the sheriff's office under the ~abovearti-
cle.
Specificallyanswering your question, you are respect-
fully advised that it is the opinion of this departmentthat the
Commissioners'Court of Chambers County is legally authorized to
purchase and expend county funds for a short wave radio station
for the Sheriff's Office if the Commissioners'Court determines
that a necessity exists cherefor, and provided, of course, such
expenditure is provided for in the county budget. It is our fur-
ther opinion that the CommissionerstCourt does not have author-
ity to employ operators for such short wave radio station. In
the event the Sheriff has an assistant or a deputy to operate
such station, the employment of such assistant or deputy would-
have to be authorizedby the Commissioners'Court as provided by
Article 3902, Vernon's AnnotatedCivil Statutes and such as-
sistant or employee would have to be compensateA as authorized
by Article 3899, supra; that is such expense would have to be
paid out of the fees earned by {he Sheriff.
APPROVED JUN 23, 1944 Yours very truly
/s/ Geo. C. Blackburn ATTORNEY GENERAL OF TRXAS
(Acting) ATT0RNF.YGENNRAL By /s/ Ardell Williams
OF TEXAS Ardell Williams, Assistant
APPROVED: OPINION COMMITTEE
BY: BWR, CHAIRMAN
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