W ha-we moeived your reoeat o~catiomt in uhioh you ciui&t the above quebtioa, together with the additional queries as to whether such traveling expemrss are allmbbls now fbr pas+ months, during whiah no itemized verified~aocouats were filed, and whether or not the Con&s- siasrs' Court m&v,le&ly pass a general order allowing the flat sum of Twsnty-five (t25.00) Dollvs to each oommissioner each monty for such trawling expenses.

As Swisher County has a population of.6.528, according to the 1940 Federal Census, the provisions of Article 2350(7), V.A.C.S., 8re applicable. Said Article reads as follows: %aid of counties of this State having a population of less than txenty-five thousand two hundred (25,200), acoording to the last preoeding Federal Census, the Cozmd.ssioners* Court of'suoh oouaties is hereby authorized to allow the coza&M.oners the sum of not more than Taenty-fivp (#26&O) Dollars per month for traveling expanses while on official business i&said counties."

We believe the above article contemplates only such tra~I.ing expenses as are neoessarily and aotually expended by such ooarmission- er while he is on official business in said oounty. (See our Opinions &OS. O-5598 and O-5615, copies of 8-e herewith anolosed).

Such Artfole doer not expressly prescribe aw formal requIslt&s of a olaim for such traveling expenses, but we belive it oc&emplates the filing of an itemized aocount a8 in other olaims in order that the Commissioners' Court may properly audit and determine the validity thereof. -

Hon. J. H. O'Beall - page 2 (O-6002)

h-tide 2350(6) V.A.C.S., whioh speoifioally provides for a sworn monthly aocouzrt for oertain traveling expenses of a ?ounty comais- siouer, &es not apply to Swisher County aad it aaunot be used to oontrol the application of Art. 2350(7), supra, in argr rasped.

Aa said Art. 2350(7) V.A.C.6. ( Seaate Bill 319, Chapter 362, Acts of the 45th Log., 1943), beome offeotive as a law ninety full days after Xay 11, 1943, date of adjourment, we see no reason why such actual traveling expensca, inourred sinoe the effeotive date of said Artiale and umollsoted should not now be allornble.

Said Art. 2350(7) does not authorize the Commissioners' Court to pass a general order allowing the flat sum of Twenty-five Dollars-to each ocmmisaioner each month for traveling expenses. Such sum is already avail- able to each onmissioner by virtue of the law provided he actually incurs such amount as contemplated by statute. He oazmot be oompemated for more than such mount inourred in any oae month but may incur less, and the aotual amount iaourred is the criterion which the Court must go by in issuing its order for oompennation. (See Opinion No. O-5633, a copy of whioh io enclosed herewith.)

Trusting the above fully anme your queations,rs am

Very truly yours ATTORNEY GE- OF TEUS By /s/Robert L. Lattimore, Jr. Roker$ L. Lattimore, Jr. Assistant RLLn-t,egw

APPROVBD JDBB 27, 1944 APPROVED Opinion Comittee I*/ cAct;;;~ P. Blackburn ByBWB AlTORBSYGEBBRALOPTEXAS Chainnm