Your letter of June 14, 1944, requesting the opinion of this department regarding the above stated matters is as follows:

“Would you kindly advise us if in your opinion this county has authority to construct a short wave radio (Police) station for the use of the Sheriff, and also have we the authority to employ operators for such a station, expending county funds therefor.” Chambers County has a population of 7,5l.l inhabitants according to the 1940 Federal Census. We are informed by the Comptroller’s Office ,that the county officials of said county ape compensated on a fee basis. Paragraph (a) ~of Article 3899, Vernon’s Annotated Civil Statutes, is applicable to counties where the county officials are compensated on a fee basis. This statute provides, in part, as follows:

“*** The commissioners’ court of the county of the sheriff Is residence may upon the written and sworn application of the sheriff stating the necessity therefor, purchase equipment for a bureau of criminal identification such as camsras, finger print cards, inks, chemicals, microscopes, radio and laboratory equipment,,filing cards, filing cabinets, tear gas and other equipment in keeping with the system in use by the Department of Public Safety of this State or the United States Department of Justice and/or Bureau of Criminal Ident if icat ion. If such expenses be in- curred in connection with any particular case, such statement shall name such case. Such expense account shall be subject to the audit of the county auditor, if any, othervise by the Commissioners1 Court; and if it appears that any item of such expense was not in- curred by such officer or such item was not a necessary *2 Mr. C. G. Mendenhall, page 2 (O-5898)

expense of office, such item shall be by such auditor or court rejected, in which case the collections of such Item may be adjudicated in any court of competent jurisdiction. The amount of salaries paid to assistants end deputies shall also be clearly shown by such officer, giv- ing the name, position, and amount paid each; and in no event shall any officer show any greater amount than actually paid any assistant or deputy. The amount of such expenses, together with the amount of salaries paid to assistants deputies and clerks shall be paid out of the hees earne b by such oflicer. ***I'

Referring to the above mentioned provision of Article 3899 this department held in Opinion No. O-1906 that the com- miss oners' I court is authorized to purchase and expend county funds for a radio for the sheriff's office under the ~above arti- cle .

Specifically answering your question, you are respect- fully advised that it is the opinion of this department that the Commissioners' Court of Chambers County is legally authorized to purchase and expend county funds for a short wave radio station for the Sheriff's Office if the Commissioners' Court determines that a necessity exists c herefor, and provided, of course, such expenditure is provided for in the county budget. It is our fur- ther opinion that the Commissionerst Court does not have author- ity to employ operators for such short wave radio station. In the event the Sheriff has an assistant or a deputy to operate such station, the employment of such assistant or deputy would- have to be authorized by the Commissioners' Court as provided by Article 3902, Vernon's Annotated Civil Statutes and such as- sistant or employee would have to be compensate A as authorized by Article 3899, supra; that is such expense would have to be paid out of the fees earned by {he Sheriff. Yours very truly

APPROVED JUN 23, 1944 /s/ Geo. C. Blackburn ATTORNEY GENERAL OF TRXAS By /s/ Ardell Williams (Acting) ATT0RNF.Y GENNRAL Ardell Williams, Assistant OF TEXAS APPROVED: OPINION COMMITTEE BY: BWR, CHAIRMAN

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