Your recent request for an opinion of this depart- ment on the above stated question has been received. We quote from your letter as follows: "Under an Act passed by the 45th Leg- islature, the County Commissioners of this county have heretofore drawn an allowance of 850.00 per month for traveling expenses and depreciation on automobile. The Act preferred to is found on Page 392, Chapter 194, Acts of the 45th Legislature. At the time this act was passed the population of Hidalgo County, according to the last fede- eral census was 77,004. According to the 1940 census the population of Hidalgo Coun- ty is 105,059. "Please advise if there is any authority in law for paying the County Commi- sioners of Hidalgo County the 850.00 per month specified in the above mentioned act."

House Bill No. 848, Chapter 194, Page 392, Acts of the Forty-fifth Legislature, 1937, Regular Session, reads in part as follows:

*2 Honorable B. F. MoKee, Page 2 "Section 1. In any county in this state having a population of not less than seventeen thousand, six hundred ( 17,600 ) and not more than seventeen thousand, seven hundred ( 17,700 ) and in any county in this state having a population of not less than seventy-seven thousand $(77,000)$ and not more than seventy-seven thousand, one hundred $(77,100)$ and in any county in this state having a population of not less than seventy-seven thousand, five hundred $(77,500)$ and not more than seventy-seven thousand, six hundred $(77,600)$ , according to the last preceding Federal Census, the Commissioners Court is hereby authorized to allow each Commissioner the sum of Fifty Dollars ( 450 ) per month for traveling expenses and depreciation on his automobile while on official business. Each such Commissioner shall pay all expenses in the operation of such automobile and keep same in repair free of any other charge to the county. " * ."

This department has heretofore ruled on House Bill No. 848, supra, as it applies to Cameron County, holding that the same is a special law regulating the affairs of Cameron County, and therefore unconstitutional and void. A copy of this opinion, which is No. 0-2811, is enclosed herewith for your information. What was thereisad with reference to the constitutionality of House Bill No. 848, supra, as it applied to Cameron County is equal applicable to said Act as it applied to Hidalgo County. A similar Act was held unconstitutional in our Opinion No. 0-1955.

It will also be noted that Hidalgo County has a population of 106,059 inhabitants according to the 1940 Federal census therefore, passing out of the population breakas as set forth in House Bill No. 848, supra. Said Act is no longer applicable to Hidalgo County. After a careful search of the statutes, we have been unable to find any statute authorizing the above mentioned expenditure for counties having the population of Hidalgo County as indicated by the 1940 Federal census.

In view of the foregoing, we respectfully answer the

*3

Honorable B. P. Rekoe, Page 3

above stated question in the negative. Truating that the foregoing fully answers your in- quiry, ve are Yours very truly ATTORNEY GENERAL OF TEXAS By Dwille Wiltion Ardell Williams Assistant

AW:RS

ENCLOsURE

APEROVEDMAR 21, 1941 Ereld. Man ATTORNEY GENERAL OF TEXAS