Case Information
*1 AUSTIN,~TEXAB PRICE DANlEL
*w-ormuL
June 2gs 1948 Ron. A. M. F’ribble County Attorney Opinion No. i V-621 Mills county Re: The necessity for the Ooldthw+ite, Texas county to pay inciden-
tal upkeep and opera- tion expenses in add& :tlon to six cents per mile on personal cars used by the Sheriff and his deputies on official business.
Dear Sir:
Reference 1s made to your recent,~request whick Is as follows:
“Is it required for the County Corn- missioners Court, under the term& of Art.
6877-l Acts ~1947, 50th Leg., pe 357P ch.
204; para. 1, to pay expenses Incidental to the upkeep and operation of motor Vehl- cles when the colmnissloners co-t has elec- ted to allow the sheriff and his deputies to use their personal cars oncPflcia1 business and to pay six.‘c&nts per mile for such official travel?
The record in the Comptroller’s office reflects thatthe officers of Mills County compensat.,ed on a fe,” ba~sis.
It was: held in Attorney General’s Opinion No. V-515 that Article 3899(a) was superseded by R. B. 501, Acts of the 50th Legislature, Art. 6877-1, V. C. S., in- sofar as it pertains to the travel expense of sheriffs. This being tr’ue, we must now look to the.provisbns of this Act for the answer to your question.
Article 6877-1, V. C. S., is as Poll&s~ “The County Commissioners Courts of this State are directed to supply and pay
u; A. M. Pribble, page 2 (V-621)
for transportation of sheriffs of their respective counties and their deputies to and from points within this State, under one of the four (4) following sections:
"(a) Such sheriffs and their deputies shall bp furnished adequate motor trans- portatipn including all expense incidental to the upkeep and operation of such motor vehicles.
'(b) Motor vehicles shall be furnished. to such sheriffs and their deputles'who may.. furnish gas and 011, wash and grease, lncl- dental to the operation of such vehicles; for which gas and 011, wash and grease, such sherlfis and deputies shall be compensat- ed a$ a rate not to exceed four cents (4#) per mile for each mile such vehicle Is opera- ted in the performance of the duties of his office*
"(c) Alternatively such County Com- missioners Courts may allow sheriffs land their deputies in their respective Coun- ties to use and operate cars on official business which car8 pe.rsonally owned by them for which such officers ahall, be paid not less than six 'c nts (66) per @Ilk nor more than bin cents 't lO#) per tile for each mile traveled in the performance of official duties of their office. . .
"(d) All compensation AId under the provlsione' of this Act shsl.1 bt upon a sworn statement of such sheriff.
It was held in Attorney Oeneral'S Opinion Bo. v-293 that it is mandatory that the Commisslonere~ Court must determine under which of the subdlvlsions of the Act It will furnish the sheriff and his @eputies trans- portation.
Slnoe the Commlsslonerst Court of Mill+ Ck- ty has' elected to provide such transportation under : subdivision (c) of Article 68'j'7-1, supra, and is.allob- ing the sherifr and his deputies to use their personal cars and be paid by the county six cents per mile while traveling on official business, lt.ls our opinion that *3 eon. A. M. Pribble, page 3 (V-621)
the Commissioners' Court may not pay expenses lnciden- tal to the upkeep and operation of such cam..
SUMMARY When the Cormissloners' Court has elected to allow the sheriff and his
deputies to use their personal cars and the county pay six cents per mile for official travel under subdlvielon (c) of Article 6877-1, It may not pay expenses Incidental to the upkeep and operation of such vehiales.
Yoirs very truly, ATTORNEY Gm OF TEXAS BY BA:mv
Assietant~