Honorable GeorgeW. Miller OpinionNo. WW-1212

County Attorney Briscoe County Re: Whether under the stated Silverton,Texas facts, the statement furnishedby a sheriff for automobile travel on official business, pursuant to Article 6877-1, Vernonfs Civil Statutes, Is sufficient to requirepayment Dear Mr. Miller: of the mileage claim.

You haverequestedanopinionof this Department as to whether, under the facts stated, the monthly mileage statement of the sheriff of Briscoe Countywhich you enclosed is suffic.ient,

and shows sufficient itemizationunder the law to require payment of the same.

Article 6877-1, Vernon's Civil Statutes, to which you refer in your letter, reads in part as follows:

"The County Commissioners Courts of this state are directed to supply and pay 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: I!

. . . "(0) Alternatively, such County Commissioners Courtsmay allow sheriffsand their deputies In their respective counties to use and operate cars on officialbusinesswhich cars are personally owned by them for which such officers shall be paid not less than six cents (66) per mile nor more than ten cents (lO#)per mile for eachmile traveled in the performance of official duties of their office. "(d) All compensationpaid under the provisions of this Act shallbe upon a sworn statement of such sheriff."Honorable GeorgeW. Miller, page 2 (WW-1212)

You state in your request that the Commissioners Court of Briscoe County does not furnish the sheriffwith an automobile, and that the Court has elected to allow the sheriff to use his personal car on officialbusiness and to pay the minimum mileage as requiredby the statute.

Your request further states that the sheriffkeeps a record of all tripsmade out of the county on personal business, and in addition,he estimates the mileage of his in-town personal trips. Taking the above (includingthe estimated in-town personal trips), you state that he deducts this total figure from the totalmileage as reflectedby the speedometerreading on hisautomobile to ascertain the officialmiles driven in business. First, in Attorney General's OpinionV-293 (1947), we held that the provisions of this statutewere mandatory, and that the CommissionersCourtmust determineunder which of the subdivisions of the Act It will furnish the sheriff and his deputies transportation. (Seealso Attorney General's Opinion O-4882 (1942).)Further, it Is clear thatwhen the Courtmakes an election to provide such transportationunder subdivision (c) of this statute, itmay not pay expenses ln- &dental to the upkeep and operation of such cars. (See Attorney General's OpinionV-621 (1948).)

In Attorney General's Opinionv-526 (1948) it was held that the CommissionersCourtmay require the sheriff to furnish the Court such informationwhich is necessary for the Court to determinewhat mileage was traveled in the performance of official duties. Of coulye, the sheriff Is not entitled to traveling expenses incurred In the use of his automobile while traveling to and from his residence and his office, since such does not constituteperformance of official duties.

Now, as to your specific question,we are of the opinion that the method of recording and tabulatingmileage by the sheriffhere is not a sufficient statementand itemizationunder the law to requirepayment of the sameby the CommissionersCourt. In Attorney General's Opinion ~-1760 (19&g),this office held that said Court is not authorized to allow traveling expenses to the sheriff and his deputies based on a mere estimate,but must determine the number of miles actually traveled in the performance of his official duties. Thus, while there is no particularmethod the Commissioners Courtmust use in determining the number of miles actually traveled other than it must require the sheriff and his deputies to file their respective sworn accountsbeforeHonorable George I!,!. Miller, page 3 (W-1212)
allowing any traveling expenses, a c,onc,lusion as to the total figure of officialmileage reac.hed in part by a guess or estimate on their part would not be proper in the light of the foregoing.

S U M M A R P

The CommissionersCourt is not authorized to allow traveling expenses to the sheriff and his deputiesbased on a mere estimate,but must determine the number of miles actually traveled in the performance of their offi'oial duties.

EBS:dhs Very truly yours,

Texas

APPROVED: OPINION COMMITTEZ
W. V. Geppert, Chairman
J. C. Davis
II.Ray Scruggs Bill Allen REXIEl:!ED

FOR THB ATTOF'XEY

GENERAL BY: Houghton Brownlee, Jr.