### NEY GENERAL EXAS

‘Hon. J. B. :1tor County Attorney Uvalde County Uvalde) Texas

Dear Sir: Opinion No. 

### V-641 Be& The necessity for the County to pay for rem pairs and upkeep on automobiles furnished to the Sheriff under subdivision (b) of ” Srctlon 1 of H*B*501, 50th Legislature.

follows; Your request for our opinion is in part as

“Wewill appreciate your opinion construing the provision of subsection B, HOUSS

Bill 501, 50th Legislature as to whether or not the County would be required to furnish tires batteries and general repairs in a&tion to the allowance of four cents* (4#f per mile for gas, 011, wash, and grease.” H, B0 5019Acts of the 50th LegW,ature, 1947, (Article 6877-1, V. C, S.1 reads in part8 btSec. 1. The County Commissioners Courtr of this State are directed to g;blm of sheriffs of eir respective counties and their depue ties to and from points within this State, * under one OSthe Sour (4) following settionst

‘l(a) Such sheriffs and their deputies &&.l be fur&shed ad a ate mot= transoortatfon fncluafna aF!l”exnen~ gental to the uwkeewand oweratfon of suq,Q r&z-or vehicle s0Hon. J. B. Ator - Page 2 

### (v-641)

“(b) Motor vehicles shall be fur-

,_ ,~
ficr.

“(c) Alternatively such County Commissioners Courts mayallow sheriffs and, :, their deputies in their respective oountie6 to use and operate car6 on officia2. business which cars are personally owned by the36for which such officers shall be paid not less than six teats (6Q) per mi.16 nor more than ten cents (Lop) per mi1.efar,;;~,’ each mile traveled la the performance~of official 

## duties ofth*ir offlce.” (Em&a-” 

### sis 

## added) 3n

### words 

## ma Phraws vobm 17, page 

### 839
“to furnish” Is defined as foliausr 

### “”

‘Vhrase ‘to furnish’ meansto equip, fit out, supply, 

## aeuvef to 

## hand, to provide anything needed by another, to provide what is necr,ssary. Do 0I’ SchnaZdsF &?Pevey Dairy Co, (,Mo,Sup,) 40 S, U, 24

. The Act directs Coruni66ioners’ Courts to R6U and pay for tra~r6,ortation of sheriff@’ and the putios. subdiwiaL iff t&ear deplltd&o 463 #roWLisa that sher=

“shall bz furnishsta adequate mot6jrtranaportat al to the upkeep , WXuUing all expense incid6ntoperation of such motor vehicles.* st%tTaaua 26’ Court of Uvalde County eleoted to ogl*rate W&division (b) of the Act, Under ouch ovision6, 6h6miff8 and their deputies w&y fm?nl gas and 0a3,aa6wash and grsase incidental to th* operation 0%6uoh vehicles” furnished .to thetafar Craneportatf@zl. @or this they must be compensated at tihe rate Crtnot aroseding four cents ($!) per

.’Hon. J. B. Ator ‘!- Page 3

mile for mileage traveled duties of their office,

Noauthority is 

### (v-641)

In the performance of the given to the sheriff or his deputies to remove, substitute or change parts of such motor vehicles.

The only direction of the statute being that adequate motor vehicular transportation be furnished and paid for, the Commlssionsrs~ Court maywithdraw such vehicles from the sheriff and his deputies and supply other such vehicles, as such court maydetermine. This clearly indicates that it was not the legislative intent that damagedor worn parts should be furnished by the sheriff and his deputies.

It is plain that if the sheriff and his deputies must pay for tires, batteries and general repairs without any compensating return, they are not supplfed with paid transportation.

Weare of the opinion that the Commissioners* Court of Uvalde County is required to pay for tires, batteries, and general upkeep of motor vehicles furnished to the sheriff ana his deputies under the provisions of Article 6877-l. Section 1, subdivision (b) in addition to the suma1lowed for oil and gas and wash and grease.
-~~ s!?%%@x Where a county has determined to furnish transportation to the sheriff and his deputies under the provisions of Arto6877-l Section 1, subdivision (b), such sheriff and his deputies are not required to pay for repairs andupkeep of motor vehicles furnished to themby the COUIIt9* ’ Yours very truly, ATTORNEY

GENERAL

OFTEXA8

W.T, Williams WTW,wb Assistant