91 

AUSTIN,~TEXAB 

PRICE DANlEL 

*w-ormuL 

June 2gs 1948 

Ron. A. M. F’ribble 

County Attorney 

Mills county 

Ooldthw+ite, Texas 

Opinion No. 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 

official business. 

Dear Sir: 

Reference 1s made to your recent,~request whick 

Is as follows: 

“Is it required for the County Cornmissioners 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 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 official travel? 

The record in the Comptroller’s office reflects 

thatthe officers of Mills County are compensat.,ed ona 

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V-515 that Article 3899(a) was superseded by R. B. 501, 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., 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 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 transportatipn 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, lncldental to the operation of such vehicles; for 

which gas and 011, wash and grease, such 

sherlfis and deputies shall be compensated a$ a rate not to exceed four cents (4#) 

per mile for each mile such vehicle Is operated in the performance of the duties of his 

office* 

"(c) Alternatively such County Commissioners Courts may allow sheriffs land 

their deputies in their respective Counties to use and operate cars on official 

business which car8 are 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 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 

traveling on official business, lt.ls our opinion that 
eon. A. M. Pribble, page 3 (V-621) 93 

the Commissioners' Court may not pay expenses lncidental 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 

BA:mv 

BY 

Assietant~