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AUSTIN,~TEXAB PRICE DANlEL *w-ormuL June 2gs 1948

Ron. A. M. F’ribble County Attorney Mills county Ooldthw+ite,

Texas OpinionNo.i V-621
Re: The necessity for the county to pay incidental upkeep and operation expenses in add& :tlon to six cents per mile on personal cars used by the Sheriff and his deputies on officialbusiness.
Dear Sir: Reference1s made to your recent,~request whick Is as follows:

“Is it required for the County CornmissionersCourt, under the term& of Art. 6877-lActs ~1947,

50th Leg., pe 357P ch. 204; para. 1, to pay expenses Incidental to the upkeep and operationof motor Vehlcles when the colmnissloners co-t has elected to allow the sheriff and his deputies to use their personal cars oncPflcia1 business and to pay six.‘c&nts per mile for such officialtravel? The record in the Comptroller’soffice reflects thatthe officersof Mills County **are** compensat.,ed on a fe,” ba~sis.
It was: held in AttorneyGeneral’s OpinionNo. V-515 that Article 3899(a) was supersededby R. B. 501, Acts of the 50th Legislature, Art. 6877-1, V. C. S., insofar 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 payu; A. M. Pribble,page 2 (V-621)

for transportation of sheriffsof their respectivecounties and their deputiesto and from points within this State, under one of the four (4) following sections: "(a) Such sheriffsand their deputies shall bp furnishedadequatemotor transportatipn includingall expense incidental to the upkeep and operationof such motor vehicles. '(b) Motor vehicles shall be furnished. to such sheriffsand their deputles'who may.. furnishgas and 011, wash and grease, lncldental to the operationof such vehicles;for which gas and 011, wash and grease, such sherlfisand deputies shall be compensated a$ a rate not to exceed four cents (4#) per mile for each mile such vehicle Is operated in the performanceof the duties of his office* "(c) Alternativelysuch County CommissionersCourts may allow sheriffs land their deputies in **their** respectiveCounties to use and operate cars on official businesswhich car8 are pe.rsonally owned by them for which such officers ahall, be paid not less than six 'cnts (66) per @Ilk nor more than bin cents 't lO#) per tile for each mile traveled in the performanceof officialduties of their office.

. . "(d) All compensation AId under the provlsione'

of this Act shsl.1

bt upon a sworn statementof such sheriff.
It was held in Attorney Oeneral'SOpinionBo. v-293 that it is mandatory that the Commisslonere~ Court must determineunder which of the subdlvlsions of the Act It will furnish the sheriff and his @eputies transportation.

Slnoe the Commlsslonerst Court of Mill+ Ckty has' elected to provide such transportation under : subdivision (c) of Article 68'j'7-1, supra,and is.allobing the sherifr **and** his deputies to use their personal cars and be paid **by** the county six cents **per** mile while travelingon officialbusiness, lt.ls our opinion thateon. A. M. Pribble,page 3 (V-621) 

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the Commissioners' Court may not pay expenses lncidental to the upkeep and operationof such cam.. SUMMARY When the Cormissloners' Court has elected to allow the sheriffand his deputiesto use their personal cars and the countypay six cents per mile for officialtravel under subdlvielon (c) of Article 6877-1, It may not pay expenses Incidentalto the upkeep and operation of such vehiales. Yoirs very truly, ATTORNEY Gm OF TEXAS

BA:mv BY Assietant~