Case Information
*1 The Attorney General of Texas April 20. 1904
JIM MATTOX
Attorney General Mr. Roy lierria @htioD NO. JM-148
suprem ccull Bulkan(l County Auditor P. 0. Box 12S4S Gregg County Courthouse Re: Whether article 23500. Au*tln. TX. 78711.2S4S 512147s?Sm Longview. Texas relating V.T.C.S., car TIlex 9lcua74.1287 allowances for members of the T&co~ler 512,47S028d commissioners court was by article 3912k. 714 Jacknon. Suite 7M) od*s. TX. 7s2024wS 214il42-8944 Dear Mr. Harris:
You have requested our opinion regarding the Interpretation
4824 Alberta Ave.. suite 160 articlea 23500 and 3912k. V.T.C.S., both of which pertain to expense El Paso. Tn 799052793 0151u3Ju)4 allovancea for county officials. Article 23500 provides for that of the population of Gregg County. each member counties ,F~ commissioners court is entitled to $100 per month for “traveling lb.,. rem, suite expenses and depreciation on his automobile while on official business “o”stOn. TX. 77002-3111 within the county.” V.T.C.S. art. Z=~Q.. 6-Z.. TX h. WV. q.+dmt. %?IMc 71w2xaS6 article 3912k repeals article 23500 and that the coamissionera court is free to establish any level. of automobile expense allowances for 8w Broadway. suite 312 members .of the comlsaionera court so long as such allowances are Lubbock, TX. 79401-2479 reasonably related Article 3912k appears Scen47-S238 ,below in part: 43OQ N. Tenth. Suite S (T]he coPPliaaloners court of each county shall MeAIm, TX. TedYJl-16Ss fix the amount of compensation. office expense, SwaS24547 and all other allowances expense, and precinct officials and employeea who 200 uakl Plaza. sune 400 are paid wholly from county funds . . . . San Antonio, TX. 7S2052797 5w2254101 V.T.C.S. art. 3912k. Cl. Article 23500 was first enacted in 1959. Acta 1959, 56th Leg.,
An Equal Oppcdunllyl Attlr,“.tW Acllon Empiovr ch. 221. at 502. In 1971 section 3 wea amended to increase the car allowance in counties vith a population over 124,000 from $125 to $300. Acts 1971. 62nd Leg.. ch. 811. Sl at 2489 la not (this reflected in the reported atatutea). -. The claw legialatlon ala0 repealed section 4 of article 23500 which had eet the car allowances in counties with a population over 600.000 at $150. Acts 1971. 62nd Leg., ch. 811. 02 at 2469. These amendments were passed during the p. 640 *2 (JM-148)
hr. Roy Harris - Page 2 same session of the legialaturc at which article 3912k was first adopted, including its repealer provision:
To the extent that any local, special, or general law, including Acts the 62nd Legislature, Regular Session, 1971. prescribes the compensation, office expense, travel expense, or any other allowance for any official or employee covered by this Act, that law is repealed.
Acts 1971, 62nd Leg., ch. 622, 18, at 2019. Because 23500 prescribes the travel expense or allowance for county commissioners. it was in 1971. In 1981, however, the legislature enacted a law which updated various population bracket bills -- a provision of vhich purported to repeal erticle 23500, section 3. which we have concluded vaa repealed ten years earlier. One might infer, therefore, that the portions of article 23500 not expressly repealed were still in effect.
Acts 1981. 67th Leg., ch. 237. 5145, p. 559, 599. Chapter 237 also provided, however, that it was “not intended to revive a law that was impliedly repealed by a law enacted by the 66th Legislature or a Id., 1146(a) at 600. As we have stated. previous legislature.” article 23500 was repealed in 1971 by the enactment of article 3912k.
and there has been no action by the legislature to revive or reenact Its provisions. Cf. Code Construction Act, article 5429b-2. V.T.C.S..
53.10 (“The repea=f a repealing statute dooa not revive the statute originally repealed nor impair the effect of any saving provision in it.“).
You also oak whether Gregg County may provide gasoline and routine automotive supplies for use by county officials In private automobiles. We believe that the county may provide gasoline and automotive supplies for personal vehicles used In county business.
instead of providing ordinary mileage. The county officer may receive only the amount of gasoline or pro rata part of automotive supplies actually used in county business. The county auditor may require documentation and affidavits which will establish to his satisfaction that the expenses result from county business. See V.T.C.S. art. 1651 (general oversight of county finances and an obli(tation to see to the “strict enforcement” of laws); V.T.C.S. art. 1663a (criminal the penalty for failure to comply with auditors’ request for Information).
Thus, not every expense allouance la within the discretion county officfal but each expense must be fixed by the comiaaioners court subject to the limitationa desertbed herein. See Attorney General Opinions MW-121 (1979) (hospital official notentitled unlimited use of credit card to purchase gasoline for personal automobile); H-152 (1973) (automobile allowance for court at - law judge must be related travel); H-992 (1977) (lump sum monthly travel allowance must have some basis in fact; travel between home and office not official business); V.T.C.S. art. 237211-S (further *3 v. . .
Mr. ROY HerriS - Page (JH-148)
authority to provide allwance); art.
(expense accounts).
SUMMARY County officials may be reimbursed with In kind allwancea for travel expenses actually incurred vhile on county business. The commissionera court of Gregg County may fix the amount of travel expense allowed to members of the commissioners court so long aa the allowance is reasonably related to official
-Jr&
JIM MATTOX Attorney Ceneral of Texas ,f- TOM GREEN
Pirat Assistant Attorney General
DAVID R. RICRARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COPMITTEE
Rick Gilpin. Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton