Case Information

*1 NEY GENERAL EXAS

‘Hon. J. B. :1tor Opinion No. V-641 County Attorney

Uvalde County Be& The necessity for the Uvalde) Texas County to pay for rem

pairs and upkeep on automobiles ed to the Sheriff un- der subdivision (b) of” Srctlon 1 of H*B* 501, 50th Legislature.

Dear Sir:

Your request for our opinion is in part as follows;

“We will appreciate your opinion construing the provision of subsection B, HOUSS Bill 501, 50th Legislature as to whether or not the County would be required to furnish tires in a&tion to the

allowance of four cents* (4#f per mile for gas, 011, wash, and grease.”

H, B0 5019 Acts of the 50th LegW,ature, (Article 6877-1, V. C, S. 1 reads in part8

btSec. 1. The County Commissioners Courtr of this State are directed to g;blm

of sheriffs of counties and their depue eir respective * ties to and from points within this State, under one OS the Sour (4) following set- tionst

‘l(a) Such sheriffs and their depu- ties &&.l be fur&shed ad a ate mot= transoortatfon fncluafna aF!l”exnen~

gental to the uwkeew and oweratfon of suq,Q r&z-or vehicle s0

Hon. J. B. Ator - Page 2

“(b) Motor vehicles shall be fur- ,_ ,~ ficr.

“(c) Alternatively such County Com- missioners Courts may allow sheriffs and, :, their deputies in their respective ooun- tie6 to use and operate car6 on officia2.

business which cars are personally owned by the36 for which such officers shall be paid not less than six teats (6Q) per mi.16 nor more than ten cents (Lop) per mi1.e far,;;~,’ each mile traveled la the performance~of duties of th*ir offlce.” official (Em&a-” sis added) 3n words ma Phraws “” page vobm “to furnish” Is defined as foliausr ‘Vhrase ‘to furnish’ means to equip, fit out, supply, aeuvef to hand, to pro- vide anything needed by another, vide what is necr,ssary. D o 0I’ SchnaZdsF to pro- &?Pevey Dairy Co, (,Mo, Sup,) 40 S, U, 24

.

The Act directs Coruni66ioners’ Courts to and pay for tra~r6, ortation of sheriff@’ and R6U subdiwia L 463 #roWLisa that sher= the putios.

iff t&ear deplltd&o “shall bz furnishsta adequate mot6jr tranaportat , WXuUing all expense incid6nt- operation of such motor vehicles.* al to the upkeep 26’ Court of Uvalde County st%tTaaua (b) of the Act, eleoted to ogl*rate W&division Under ouch ovision6, 6h6miff8 and their deputies w&y fm?nl gas and 0a3, aa6 wash and grsase incident- al to th* operation 0% 6uoh vehicles” .to theta far Craneportatf@zl. @or this they must be compen- sated at tihe rate Crt not aroseding four cents ($!) per

.’ *3 Hon. J. B. Ator ‘!- Page

mile for mileage traveled In the performance of the duties of their office, No authority given to the sheriff or his is to remove, substitute or change parts of such

deputies motor vehicles.

The only direction of the statute being that adequate motor vehicular transportation be furnished and paid for, the Commlssionsrs~ Court may withdraw such vehicles from the sheriff and his deputies and supply other such vehicles, as such court may deter- mine. This clearly indicates that it was not the leg- islative furnished by the sheriff and his deputies. intent that damaged or worn parts should be

It is plain that if the sheriff and his dep- uties must pay for tires,

without any compensating return, they are not supplfed with paid transportation.

We are of the opinion that the Commissioners* Court of Uvalde County is required to pay for tires, batteries, and general upkeep of motor vehicles ed to the sheriff ana his deputies under the provisions of Article 6877-l. Section 1, subdivision (b) in addi- tion to the sum a 1 lowed for oil and gas and wash and grease.

-~~ s!?%%@x Where a county has determined to furnish transportation to the sheriff and his deputies under the provisions of Art o 6877-l Section 1, subdivision (b), such sheriff and his deputies are not required to pay for repairs and upkeep of motor vehicles to them by the COUII- t9*

Yours very truly, ’ ATTORNEY GENERAL OF TEXA8 W. T, Williams Assistant WTW,wb