Case Information
*1 Honorab$e Clyde Barton
County Auditor
lfinkler-County
Kermit, Texas
Dear Sir; opinion Ho. o-4399
Rer Does the ammissioners* court have authority to pay aonstables a mileage fee of four oents per mile in addition to their regu- lar salary paid under the Offioers* salary law, and related questions?
Your letter of recent date requesting the opinion of this &part- ment on the questims oontained therein reads in part as follomr
"Klkklsr c~un~~is operating under the Officers Salarg.kw by order of.the Canrmissioners' Court, sinoe the pc@lrtion of the County does not autkaatioally plaoe the CWnty subject to that Law.
"Doks'the Commissiotiers Court haps authority to pay Constables h mileage fee of four oents per mile in addition to their regular salary paid under the opfioera Salary Law? ;j ;
*Does the Commissioners Court have authority to purohatie aumiunitiar for ConstaUes operating'under the Officers Salary Law?
, "Does the kmmissioners Court have authority to pay for the installation, monthly sex-ciao oharge, and toll oharges on telephoneis installed in the private residences of Deputy Sheriffs or Constable8 operating underthe Offioera Salary La* The telephone to be used for offl- oial kusiness only."
Winkler County has a population of 6,176 inhabitants aocord- ingto the 1940 Federal oensus.
Seotion 15 of Article 3912e provides in ~rtr *2 -. ._.
"The Canmissioners Court in counties having a population of less than tmenty thousand (20,000) inhabitants, aooording to the last preceding Fed-.
era1 census at the first regular meeting inJanuary of each calendar year, may pass an order providing for ocmpensation of all county and precinct offi- oers on a salary basis. . . . In the event such court plsses suah order they shall pay to eaoh of said distriot and county officers in money an annual salary +I twelve (12) equal installments of not less thanthWtota1 sum earned as oompensatian by said officer in the said official aapaoity for the fisoal year 1935 and not more than the maximum allowed such offioer under laws existing August 24, 1935. . . .a Section 15 of Artiole 3912e, supra, provides in paktr
"In oounties where it shall have been detena- ined that precinct officers shall be compensated on an annual salary basis it shall be the duty of the oamaissioners' court of~suah oounty to fix the sal- ary allowed to suah officers. Eaoh of said offioers shall be paid in money an a44ual salary in twelve (12) equal installments of not less than the,,total sue earned as oompensation earned by him in his off%oial oapaoLI for the fisoal year 1935 and not more than the maxima smoti allowed such officer under laws existing August 24, 1935. . . ."
~. Byvirtue~of Seotion B, Artiole 3599, Vernon's Annotated Civil Statutes, the sheriff or his deputies who are oompsnsated an a salary basis who ovm and use their automobile or automobiles ~$n the disoharge of official business are allowed four cents for eaohmile traveled in the disoharge of official business. Such smn shall oover all expenses of the maintenanoe, depreoiation, and operation of such automobile or automobiles. Suchmileage shall be reported and paid in the same manner prescribed for other allowable expenses under the provisions of the aot. This aot does not provide four oents for eachmile traveled by a constable in the disoharge of his official business. Ws fat1 to find any statute authorising a constable on a salary basis to rea&ve any specified amount for 8aehmile trawled in the discharge of okl- cial business. Therefore, me snswsr your first question in the nega- tiw. *3 . -j -
With reference to your seoond question, by virtue of Seation B, Article 3899, supra, we think that the commissioners9 court has the authoritg to allow expenditures for the purchase of ammunition for oonstables operating under the offioers' salary law to the extent “neaessary in the proper and legal aonduot of his office," when the provisions of said statute have been complied with.
In reply to your third question, it is our opinion that the statute (Article 3899), or any other statutedoes not authorize the acmaissioners~ oourt to pay for installation, monthly service charge and toll charges on telephones installed in the private residenoe of deputy sheriffs or constables operating under the offioers' sal- ary law.
Yours wry truly Al'TORUEYGEiNERbL OF TEXAS by s//&-dell flillimns Ax-dell Rllimas dssistmt 6;
APPROVED PRB18,1S42
~GRCVRR SEuws
FIRST ASSISTART
4TTORNEY GElURAL
AfFMVED OpXnXon Ccemittee py BIB Ehaixman