Case Information
*1 Honorable Prank R. Murray
County Attorney
Carson County
Panhandle, Texas
Dear Sir: Opinion No. O-1304
Re: Shotid a sheriff who is compensated on a fee basis be paid k$ per mile for the use of his car on official business?
Your request for an opinion on the above etated question has been received by this department.
Your request for an opinion on the above mentioned question refers to our opinion NO. o-930. That opinion holds ,that a sheriff who receives a salary as compensation for his services phould be paid the sum of four (44) cents for each mile traveled by automobile in the discharge of official business where the automobile is owned by the sheriff. We enclose a copy of this opinion for your convenience.
Section a of Article 3699, Vernon's Civil Statutes reads as follows:
"At the close of each month of his tenure ofoffice each officer named herein who is compensated on a fee basis shall make as partof the report now required by law, an .iitemized. and sworn statement of all the actual and necessary expenses incurred by him in the conduct of his office, such as stationery, stamps, telephong premiums on official bonds, including the cost of surety bonds for his deputies, premium on fire, burglary, theft, robbery insurance protecting public funds, traveling expanses and other necessary expenses. The Commissioners' Sourt of the county of the sheriff's residence may, upon the written and sworn application of the sheriff stating the necessity therefor, purchase equipment for a Bureau of Criminal Idenification such as cqmeras, fingerprint cards, inks, chemicals, microscopes, radio and laboratory equipment, filing cards, filing cabinets, tear gas and other equipment in keepirgwith the system in use by she Depsrtment of Public Safety of this State or the United States Department of Justice and/or Bureau of Cr~ininal Identification. If such expenses be indurred in connection with onyx particular case; such statement ehae~:~~rhe;l,-n~chP;iiB~s~~!1~0 :i2.ch~ Gx3e 1 Such expense account shall be subject to the audit of the County Auditor, if any, otherwise by the Commissioners' Court; and if it appears that any item of such expense was not incurred by such officer or such item was not a *2 Hon. Frank B. Murray, Page 2 (o-1304)
necessary expense of office, such item shall be by such auditor or court rejected, in which case the collections of such item may bs adjudicated in any court of competent jurisdiction. The amount of salaries psid to Assistants and Deputies shall also be clearly shown by such officer , giving the name, position and amouut paid each; and in no event shall any officer show any greater amount than actually paid any such Assistant or Deputy. The amount of such expenses, together with the amount of salaries peid to Assistants, Deputies and Clerks shall be paid out of the fees earned by such officer. The Commissioners' Court of the county of the sheriffls residence may, upon the written and sworn spplioatior of the Sheriff stating the necessity therefor, allow one or more suto~%5Glee to be used by the Sheriff in the discharge of his official duties, which, if purchased by the County, shall be bought in the manner prescribed by law for the purchase of supplies and paid for out of the Oeneral Fund of the county end they ~hallba and remain the property of the county. The expense of maintenance, dapreciation and operation of such automobi:les as may bs allowed, whether purchased by the county or amed by the Sheriff or his Deputiespersonally, shall bs peid for by the Sheriff and the amouut thereof shall be reported by the Sheriff, on the rept above mentioned, in the same manner as herein provided for other expenses." Section b of Artiale 3899, supra, which provides that where the automobile or automobiles are owned by the sheriff or his deputies, they,shallba allowed four (9) oents for each mile traveled in the discharge of official business, which sum shall cover all expenses of the maintenance,lepreciatlon and oparation of such automobiles applies only to the sheriffs who receive salaries as compensation for their services and does not apply to shari~ffs who are compensated on a fee basis. Section a of Article 3899, supra, L'rovides for the actual and necessary traveling expenses of sheriffs who are compeu- sated on a fee basis and further provides that such expenses shall ba peid out of the fees earned by such officer.
In view of the foregoing statutes you are respectfully advised that it is the opinion of this department that Section b of Article 3899 does not apply to a sheriff who is compensated on a fee basis, and that such sheriff is not entitled to four (44) cents per mile for the use of his car on official business.
Trusting that the foregoing fully answers your inquiry, we remain.
Yours very truly, ATTORNEY CEWEPALOFTEXAS APPROVED OCT. 20, 1939
s/ GEZALD c. MANN a/ Ardell Williams
ATl!CPNE'i~LOFTEXAS
APPROVE? OPINION
COMMITTEF BY Ardell Williams BY B. W. B.
CHAIRMAN Assistant
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