Case Information
*1 .
The Attorney General of Texas June 18. 1984 JIM MAllOX
Attorney General
Subwm coun Suildlng Opinion No. JM-170 Honorable Frank Blacek P. 0. Box 12549 Criminal District Attorney Austin. TX. 79711. 254a ES: Whether a county may re- Walker County Courthouse 512l4752501 1100 University Avenue 8 for Telex 910/574-1357 imburse come$s8io,aer Huntsville, payment of a traffic fine made Telecopier 5121475~~
on behalf of a county employee 714 Jlckson. Suite 700 Dear Hr. Blazek: Dallas. TX. 752024509 214l742-9944
You have asked whether e couaty msy reimburse an individual commissioner for his out-of-pocket to county road equipment payment 4924 Albm* AVL, suite 150 for the amounts of treffic citations issued to them. El Paso, TX. 799052793 Essentially, you inquire whether thr county may pay traffic fines on 915/533348( citations Issued to Individuals and to vhieh the individuals evidently pled guilty or no contest. It is our opinion the county does not .l Texas. Suite 7M) have the authority to pay a traffic or crimioal for vhich an Houslon. TX. 77002~3111 individual alone liable. Is 713/223-5999
We belleve it is clear that 8 single county conmissioner cannot Information supplied to us bind a county to make this payseat. SW Broadway. Suite 312 - Lubbock. TX. 79401.3479 reveals the following facts: road repairs and maintenance vere being 505l747.5239 This work done under the direction commissioner. required gravel to be hauled. The commissiooer employed tvo county-owned trucks and two iodepeodeotly-contracted vehicles for this 4309 N. Tenth. Suile S purpose. All four of the drivers were citations by the MCAIlm. TX. 75591.1955 512!592-4547 Department of Public Safety for excessive veight and inadequate bed, See V.T.C.S. art.
oo covering to prevent spilling load. 113A, 5. The driver of one of the vehicles was 6701d-11, 200 Main Plaza. Suite 400 All four drivers pled no employee; he WBS two citstions. San Antonio. TX. 752052797 to the various (seveo all) vhich 51Y2254191 in for Subsequently, totaling approximately $630.00 uere assessed and paid. the county commissioner reimbursed out of his oun pocket this amount An Equal Opponunityl to the drivers. He now in turn seeks reimbursement from the county. Affirmative Action Employer
Pursuant to article 3899(b), V.T.C.S.. county officials who receive a salary as compensation their services are entitled “all reasonable expenses oecessary in the proper aod legal conduct” of their offices. The statute explicitly applies to “county commissioners ,‘I Id. After application to the cosraissiooers court the ensuing month, actual iocurred during that month are submitted to the county auditor and commissioners court for approval *2 Ronorable Frank Blasek - PagB 2 (J+170)
and payment if the claim is a "necessary or legal expense." Id. We believe acting as ex offici~roed commlssiooer, commissioner, may not claim that he is entitled to reimbursement his own reimbursemeot to individuals who were cited with and pled no traffic received while engaged in county road work. It was neither a necessary nor legitimate expeoditure of county funds to pay an individual's traffic Incurred in his personal capacity, when it was not against itself.
See Penal Code 17.21 et seq. (criminal llabilitp of corporations and ~ociations). In short, the county commissioner's reimbursement traffic floes paid by the four drivers was at his own risk and expense The expenses Incurred and is not a proper charge oo county funds. the payment of traffic
which payment is sought is not themselves but the reimbursement to others who have paid those fines.
This action by the commissioner cao in no way inure to the benefit the county and, in our opinion, is an expense incurred by him in his personal capacity. Cf. Hood v. State, 73 S.W.Zd 611 (Tex. Civ. App. - Dallas 1934. writ ref'd) (neither money loaned by sheriff in a personal capacity, nor any interest money paid thereio, oor by sheriff in employing attorney was proper expense); Attorney General Opinion O-2951 (1940) (medical incurred by constable injured while weighing vehicles not an expense of office).
SUHHARY A county county msy not reimburse a commissioner who himself reimbursed county traffic equipment who were citations.
JIM HATTOX Attorney General of TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
Ronorable Frank Blasek - Page 3 (m-170)
APPROVED:
OPINION COMMITTEE
Rick Gilpiot Chairman
David Brooks
Co110 Carl
Susan Garrison
Jim Moellinger
Nancy Suttoo