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 

“We will 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 5019 Acts 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 OS the 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 uwkeew and oweratfon of suq,Q 

r&z-or vehicle s0 
Hon. J. B. Ator - Page 2 (v-641) 

“(b) Motor vehicles shall be fur- 

,_ ,~ 

ficr. 

“(c) Alternatively such County Commissioners Courts may allow sheriffs and, :, 

their deputies in their respective oountie6 to use and operate car6 on officia2. 

business which cars are personally owned 

by the36 for which such officers shall be 

paid not less than six teats (6Q) per mi.16 

nor more than ten cents (Lop) per mi1.e far,;;~,’ 

each mile traveled la the performance~of 

official duties of th*ir offlce.” (Em&a-” 

sis added) 

3n words ma Phraws vobm 17, page 839 

“to furnish” Is defined as foliausr 

“” 

‘Vhrase ‘to furnish’ means to equip, 

fit out, supply, aeuvef to hand, to provide anything needed by another, to provide what is necr,ssary. D o 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. subdiwia L 

iff t&ear deplltd&o 

463 #roWLisa that sher= 

“shall bz furnishsta adequate 

mot6jr tranaportat 

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, aa6 wash and grsase incidental to th* operation 0% 6uoh vehicles” furnished .to 

theta far Craneportatf@zl. @or this they must be compensated at tihe rate Crt not aroseding four cents ($!) per 

.’ 
Hon. J. B. Ator ‘!- Page 3 

mile for mileage traveled 

duties of their office, 

No authority 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 may withdraw 

such vehicles from the sheriff and his deputies and 

supply other such vehicles, as such court may determine. This clearly indicates that it was not the legislative intent that damaged or 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. 

We are 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 sum a 1 lowed 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 Art o 6877-l Section 1, 

subdivision (b), such sheriff and his deputies 

are not required to pay for repairs and upkeep 

of motor vehicles furnished to them by the COUIIt9* 

Yours very truly, ’ 

ATTORNEY GENERAL OF TEXA8 

W. T, Williams 

WTW,wb Assistant