Honorable George W. Miller Opinion No. WW-1212 

County Attorney 

Briscoe County Re: Whether under the stated 

Silverton, Texas facts, the statement furnished by a sheriff for 

automobile travel on official business, pursuant to 

Article 6877-1, Vernonfs 

Civil Statutes, Is sufficient to require payment 

Dear Mr. Miller: of the mileage claim. 

You have requested an opinion of this Department as to 

whether, under the facts stated, the monthly mileage statement 

of the sheriff of Briscoe County which you enclosed is suffic.ient, and shows sufficient itemization under 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 Courts may allow sheriffs and their 

deputies In their respective counties to use 

and operate cars on official business which 

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 each mile traveled in the 

performance of official duties of their office. 

"(d) All compensation paid under the 

provisions of this Act shall be upon a sworn 

statement of such sheriff." 
Honorable George W. Miller, page 2 (WW-1212) 

You state in your request that the Commissioners 

Court of Briscoe County does not furnish the sheriff with an 

automobile, and that the Court has elected to allow the sheriff to use his personal car on official business and to pay 

the minimum mileage as required by the statute. 

Your request further states that the sheriff keeps a 

record of all trips made out of the county on personal business, 

and in addition, he estimates the mileage of his in-town personal trips. Taking the above (including the estimated in-town 

personal trips), you state that he deducts this total figure 

from the total mileage as reflected by the speedometer reading 

on hisautomobile to ascertain the official miles driven in 

business. 

First, in Attorney General's Opinion V-293 (1947), 

we held that the provisions of this statute were mandatory, 

and that the Commissioners Court must determine under which 

of the subdivisions of the Act It will furnish the sheriff and 

his deputies transportation. (See also Attorney General's 

Opinion O-4882 (1942).) Further, it Is clear that when the 

Court makes an election to provide such transportation under 

subdivision (c) of this statute, it may not pay expenses ln- 

&dental to the upkeep and operation of such cars. (See 

Attorney General's Opinion V-621 (1948).) 

In Attorney General's Opinion v-526 (1948) it was 

held that the Commissioners Court may require the sheriff to 

furnish the Court such information which is necessary for the 

Court to determine what 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 constitute performance of official duties. 

Now, as to your specific question, we are of the 

opinion that the method of recording and tabulating mileage 

by the sheriff here is not a sufficient statement and itemization under the law to require payment of the same by the 

Commissioners Court. 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 particular method the Commissioners Court must use in determining the number of miles 

actually traveled other than it must require the sheriff and 

his deputies to file their respective sworn accounts before 
Honorable George I!,!. Miller, page 3 (W-1212) 

allowing any traveling expenses, a c,onc,lusion as to the total 

figure of official mileage 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 Commissioners 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 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.